YALE UNIVERSITY LIBRARY PLUM ISLAND RIVER AND PARKER KIVER FROM OLD TOWN HILL. HISTORY OF NEWBURY, MASS 1635-1902 JOHN J. CURRIER Author of "Quid Neiubury *\- Historical and Biographical Sketches WITH MAPS AND ILLUSTR.^TIONS BOSTON DAMRELL & UPHAM 1902 YALE COVVKIC.HT, IC)02 RY John J. CrRKiEK Press o£ Geo. H. Ellis Co. Boston TO MY WIFE A NATIVE OF NEWBURY AND A DESCENDANT OF HENRY LUNT ONE OF THE FIRST SETTLERS OF THE TOWN THIS BOOK IS DEDICATED PREFACE. Although Joshua Coffin prepared his history of New bury, in 1S45, with considerable care and minuteness, and George J. L. Colby, in the History of Esse.x County, in 1878, and Hon. William T. Davis, in a similar work, ten years later, published historical sketches of the town, the reader will find in the following pages some additional facts, with foot-notes and references for the convenience of those who wish to consult the authorities quoted. My thanks are especially due to Sidney Perley, esq., of Salem, and to Mr. George F Dow, secretary of the Essex Institute, for advice and assistance in preparing this volume for the press ; to Mr. C. W. Ernst, of Boston, for valuable hints and suggestions in regard to the early postal service in Newbury; to Rev. Rufus Emery, Capt. James O. Knapp, and Mr. Oliver B. Merrill, of Newburyport, for interesting genea logical and historical facts ; and to Messrs. William Little and Isaac W. Little, of Newbury, for information obtained from town and parish records. Many of the maps and illustrations in this volume are re productions of old prints ; but most of the views of local scenery were taken expressly for this work by Messrs. Ed- 6 PREF.4CE ward E. Bartlett, William C. Thompson, and Selwyn C. Reed, photographers, of Newburyport. I have been compelled to leave some of the minor events and incidents in the history of Newbury unnoticed, and have found it absolutely impossible to include valuable papers and documents, relating to the social and commercial life of New buryport, without increasing the number of pages in this book beyond a reasonable Umit. I hope, however, in a few years, to publish in a separate volume the history of Newburyport from its incorporation in 1 764 to the present time. JoH.v J. Currier. Newburyport, December i, 1902. TABLE OF CONTENTS. Chapter I. The Early E.xplorers and Settlers of New England, II. The Settlement at Parker River, 1635-1645 . . III. The Settlement at Merrimack River, 1645-16&5 . IV. The Settlement at Merrimack River, 168 5-1 765 . V. The Settlement at Merrimack River, i 765-1902 . VI. Churches and Pastors .... VII. Schools and Schoolmasters VIII. HiGHW.AYS . . IX. Ferries ... . . . X. Postal Service . . XI. Commercial Affairs and Ship-buildixg . XII. Military Organiz.^tions and Indian Wars XIII. French and Indian Wars . . . XIV. LouisBOURG, Crown Point, and Quebec XV. Revolutionary War XVI. Soldiers in the Revolutionary W.\r . XVII. The Embargo and the War of 1S12 XVIII. War oe. the Rebellion Pagk 13 2887 194 269 3"395413431 465 475493 514 547581 600 620 631 APPENDIX. I. Town Clerks . ... . . II. Oath of Allegia.s'CE to the King III. Kent's Island IV. Richard Dummer ... V. Cart Creek ... . . VI. First Parish Meeting-house . VII. Second Parish Church . . VIII. Schools and Schoolmasters . 642643647653654655656 ; TABLE OF CONTENTS Page IX. Woodwell's Ship-yard . . . 658 X. Military Organizations during the French and Indian Wars . . . -659 XI. Revolutionary War ..... . . 661 XII. Physicians in Newbury from the First Settlement OF the Town, in 1635, to the Incorporation of Newburyport, in 1764 . 662 XIII. " Pierce House at the Uper End of Chandler's Lane," 670 XIV. The Sewall House, near " Trayneing Green "... 672 XV. Deputies to the General Court . . . . 675 Index 689 MAPS AND ILLUSTRATIONS. Plum Island River .and Parker River, Frontispiece Page Capt. John Smith . . . i6 Map of the South Part oe New England, 1634 . . 24 The Lower Green .... 37 The Burying Ground ... 59 Fac-simile Town of Newbury Records, 1638 . 63 Map of Newbury, Mass., 1640 . 83 0.\k Tree in "the Gerrish Pasture" . 130 Samuel Sew.4ll . . . 190 Fac-simile of the Title-page of "The New Heaven upon the New Earth" . .... 192 Map of the Merrim.ack River, 1741 . . . 198 A Freehold Lot in "the Upper Woods" ... . . 211 Newbury Marshes .... . .' 221 Deputy Governor William Dummer ... 232 Map of Newbury — Parish Lines — 1795 . . 239 Landing Place at Pine Island 263 Rocks Bridge, from West Newbury . . .... . 278 Fire Engine, 1850 . . .... . 2S8 Map of Newbury — Boundary Lines — 1902 308 Fac-simile Title-page of " The Temple Measured," by Rev. James Noyes 312 Fac-simile Title-page of "The Visions and Prophecies of Daniel," by Rev. Thomas Parker 323 Fac-simile Title-page of a Pamphlet entitled "A Letter to Mrs. Elizabeth Avery," by Rev. Thomas Parker . . . 325 Fac-simile Title-page of " Moses and Aaron," by Rev. James Noyes 326 I o A/A PS AND ILL US TRA TIONS Pack Fac-simile of Introductory Page to " Moses and Aaron " . . 327 Facsimile of Dedication to "Moses and Aaron" .... 329 First Parish Meeting-house 346 Second P.\rish Meeting-house . . .... .... . 363 Byfield Congregational Meeting-house ... . 367 Fourth Parish Meeting-house 380 School-house on " Trayneing Green ". . . . 409 Stone Wall on Highway from Parker River to "Trayneing Green " 414 Bridge over Artichoke River on the Bradford Road . . . 423 Ferry Routes, Carr's Island, 1641, 1655 . . . . . 438 Amesbury Ferry Landi.vg Place . . . . 440 March's Ferry Landing Place . . . 454 Post-rider, 1734 . . . . 471 Stage-coaches, 1793 . . . . . ... 473 Stage-coach, 1820 . . . ... 474 Shape axd Rig of Vessels, iSoo ... . . . . . 487 Brig "Olive" from a W.ater Color Sketch Painted in 1819 . 490 Ki.vG Philip by Paul Revere . . 509 Casco Fort, 1713 .... . 525 Map of Port Royal, 1744 . . . ... . 532 Map of the Island of Cape Breton, 1746 .... . 548 Siege of Louisbourg, 1745 .... . . . -551 Battle of Lake George, 1755 . . . 55S Lake George, Ticonderog.\, and Crown Point . . . 561 Gener.^l J.\mes Wolfe . . ..... . . 577 Bronze Tablet .... . . 594 Joshua Coffin . . . . 641 Dr. John Clarke . . .... 663 Sewall House . . ... ... 673. HISTORY OF NEWBURY. HISTORY OF NEWBURY. CHAPTER L THE EARLV EXPLORERS AND SETTLERS OF NEW ENGLAND. For more than a century after the discovery of America by Christopher Columbus, that portion of the continent extend ing from Newfoundland to Virginia was seldom visited by European explorers, and its rivers and harbors were practically unknown. In 1602, Capt. Bartholomew Gosnold, in a small ship- called the "Concord," sailed from Falmouth, England, well supplied with men and provisions, intending to make a settle ment in the New World between the fortieth and fiftieth degrees of north latitude. Instead of following the usual route by the Canary Islands- and the West Indies, he steered directly across the Atlantic,. and in seven weeks reached the coast of Maine, in all proba bility, at or near the point of land now known as Cape Elizabeth. Following the coast in a southerly direction, he anchored at Cape Cod, within a league of the shore, where he found fish in abundance, and gave to that prominent head land the name that it still bears. Continuing his voyage around the cape, he landed at the moutfi of Buzzard's Bay ; and on an island of the Elizabeth group, now known as Cuttyhunk,. he built a fortified house and attempted to plant a colony. A few weeks exposure to the hostility of the Indians, supple mented by serious quarrels and dissensions among the men who were to remain in the new settlement, induced him to- abandon the enterprise ; and, loading his ship with sassafras- root, cedar timber, furs, and other commodities, he re-em barked his whole company, and returned to England. On his. 14 HISTORY OF NEWBURY arrival there July 23, 1602, great interest was awakened in the country he had visited ; and the merchants of Bristol raised the sum of one thousand pounds sterling for the purpose of sending out another exploring expedition. April 10, 1603, Martm Pring, in command of two vessels, one fifty and the other twenty-six tons burthen, and a crew of forty-four men and boys, sailed from Milford Haven, and arrived at the mouth of the Penobscot river June seventh. Cruising along the coast to the southward, he entered Massa chusetts Bay, and came to anchor in Plymouth harbor, seventeen years before the landing of the Pilgrims.* For six weeks he explored the woods in that neighborhood, where he found sassafras in abundance ; and, having loaded his vessels with that fragrant product of the forest, he returned to England, where he arrived October 2, 1603. Sieur de Monts with Samuel de Champlain sailed from Havre de Grace April 7, 1604, on a voyage of discovery, and landed on the shores of Nova Scotia May 8, 1604. Together they explored the bay of Fundy, entered and examined Annapolis harbor, and during the following winter found shelter on an island in St. Croix river, where they built a few rude houses and formed a temporary settlement. Con tinuing their explorations the following summer, they sailed along the coast, and at sunset, July 15, 1605, were near Little Boar's head, with the Isles of Shoals directly east of them. They saw in the distance the dim outline of Cape Ann, whither they directed their course, and before morning came to anchor near its eastern extremity in sixteen fathoms of water. At an early hour the next day Champlain, with a few men taken from his ship's crew, went on shore to confer with the natives and obtain information needed in order to continue his voyage farther south. He drew a map of the coast along which he had sailed. The Indians added to the sketch an accurate outline of Massachusetts Bay, and also inserted the Merrimack river, which he had not seen, its mouth or entrance having been concealed by the low sand-hills of Plum island. f • N.irmtive and Criticnl History of .America, vol. iii., p. 174. t Piiblicatioiis of tlie Prince Society, tSSo. Voyages of Samuel de Champlain, vol. i., p. g, EARLY EXPLORERS AND SETTLERS 15 Capt. George Weymouth sailed from Dartmouth, Eng land, on Easter Sunday, May 15, 1605 ; and June 18 he an chored on the north side of the island of Monhegan, at the mouth of Penobscot bay, on the coast of Maine. He after wards explored the Kennebec river, planting a cross at one of its upper reaches ; and, capturing five Indians, he took them by force with him to England on his retum. King James I. ordered in 1606 that the American territory claimed by England should hereafter be known as South Virginia from Cape Fear to the Potomac and North Virginia from the mouth of the Hudson to Newfoundland. Sir Ferdinando Gorges, having obtained from the king a patent, or grant, of the territory extending from the thirty- eighth to the forty-fifth degree north latitude, attempted to establish a permanent colony at the mouth of the Sagadahoc, now the Kennebec river. On the last day of May, 1607, two small vessels, under the command of Capt. George Pop- ham and Capt. Rawleigh Gilbert, were sent out with men and supphes to begin the new settlement. Early in the month of August following they reached the island of Monhegan, called by them the island of St. George. And there Sondaye beinge the 9th of August, in the morninge the most part of our holl Company of both our shipes landed on this lUand, the weh we call St. Gerge's Illand whear the crosse standeth ; and there we heard a sermon delyvred unto us by our preacher, gyuinge God thanks for our happy metinge and saffe aryvall into the Gentry ; and so retorned abord aggain.* The Rev. Richard Seymour, a minister of the Church of Eng land, accompanied- the expedition, and, undoubtedly, preached the sermon and read the prayers of this the first religious service conducted by a clergyman within the present limits of New England. A favorable situation on the peninsula of Sabino, on the west bank of the Sagadahoc river, was selected as the site of the new colony. They built a church, a fort, a storehouse, and some dwellings. During the winter that followed Cap- * Narrative and Critical History of America, vol. iii., p. 176. (__Lhefe are the Lin d that Jkew thy YaCe , hut thofe (nTiatjTiew thy GvaCC and ^lovy hrigkter hee: -ages of Capt. John Smith, republished in Massachusetts Historical Society Col lections, vol. xxiii.. p. 20. 1 8 HISTORY OF NEWBURY or "Aggawom," now Ipswich] and the worst is, it is em bayed too farre from the deepe sea ; here are many rising hills, and on their tops and descents are many come fields and delightfuU groues ; on' the East an lie of two or three leagues in length [Plum Island] the one halfe plaine marish ground, fit for pasture or salt Ponds, with many faire high groues of mulbery trees and Gardens ; there is also Okes, Pines, Walnuts and other wood to make this place an excel lent habitation being a good and safe Harbour," from thence "doth stretch into the sea the faire head land" now called Cape Ann, "fronted with three isles," named "the three Turks heads." Soon after the return of Capt. John Smith to England, new schemes of colonization were zealously advocated. As early as September, 1617, the Pilgrim exiles settled at Ley den, Holland, commenced negotiations for liberty to plant a colony in America. November ir-21, 1620, the "May flower " anchored in Provincetown harbor. Cape Cod ; and December 11-21 the Pilgrims landed at Plymouth. Meanwhile the king had granted to Sir Ferdinando Gorges and others a patent covering the territory of North America between the fortieth and forty-eighth degrees of latitude ; and the gentlemen interested in this grant were incorporated as "the Council established at Plymouth, in the County of Devon, for the planting, ruhng, ordering, and governing of New England in America." The settlement at Plymouth was included in this grant, and the colonists were subse quently authorized and empowered by the council to take a certain quantity of land and set up a government there. Other portions of this vast territory, imperfectly described and incorrectly bounded, were conveyed to various individ uals and corporations, which ultimately led to vexatious dis putes and law-suits. March 9, 162 1-2, the president and council granted to Capt. John Mason, under the name of Mariana, "all the land lying along the Atlantic from Naumkeag River to the Merri mack River, and extending back to the heads of those rivers, ... to geather with the Great Isle or Island henceforth to EARLY EXPLORERS AND .SETTLERS ' 19 be called Isle Mason lying neere or before the Bay, Harbor or y= river Aggawom." * This grant included nearly all the terrritory within the present limits of the county of Essex, but no settlements were made under it. The patent granted the colony of Mas sachusetts Bay, several years later, covered the same ter ritory, and added to it the land lying between the Charles and the Naumkeag rivers. On the tenth day of August, 1622, the Council for New England granted Capt. John Mason and Sir Ferdinando Gorges, jointly, all the land lying between the Merrimack and Sagadahoc (now Kennebec) rivers, extending sixty miles in land and including all islands within five leagues of the shore. With the aid of several wealthy merchants of London a com pany was organized, under the name of the Laconia Com pany ; and plans were matured for the development of the country and the establishment of a fishing station at the mouth of the Piscataqua river. In the spring of 1623, David Thompson, a Scotchman, with a small company, com menced a settlement there, and erected the first house at a place called Little Harbor. Capt. Myles Standish, having been sent by the governor of Plymouth Colony " to buy provisions for the refreshing of the colony, returned with the same [July, 1623] accompanied with one Mr. David Tomson, a Scotchman, who also that spring began a plantation twenty-five leagues northeast from us, near Smith's Isles, at a place called Pascatoquack, where he liketh well." f ' In 1626, Governor Bradford and Edward Winslow, with some others of Plymouth Colony, were at Little Harbor, and in company with Mr. Thompson visited the settlement at Monhegan, where they purchased from the colonists there, and from a French vessel wrecked near that island, various articles of merchandise valued at five himdred pounds.^ * Memoir Capt. John Mason, by Charles W. Tuttle, printed by the Prince Society, 1887, p. 173. Felt, in his History of Ipswich (p. 36) says that the great island mentioned in the grant to Captain Mason must hdve been the island now known as Plum Island. t" Good Newes from New England," by Edward Winslow. Published in London in 1624. Reprinted in the " Chronicles of the Pilgrims," by Alexander Voung, p. 350. t Bradford's History of Plimoth Plantation, printed by order of the General Court cf Mas- sachusetts, pp. 251,252. 2 0 HISTORY OF NEWBURY At this time there were several small settlements scattered along the New England coast, and trade with the Indians was steadily increasing. The catching and curing of fish furnished employment for a large number of men and ships. Capt. John Smith, in his account of "New Plimouth," published in 1624, says. In 1620 si.x or seven ships went from the west of England to fish on the Northeastern coast of New England; in 1621 ten or tvvelve; in 1622 thirty-five ; in 1623 about forty; and in 1624 fifty or more. The Council for New England, desiring to increase the value of its property, decided to distribute to each of its share holders a certain portion of its territory not otherwise dis posed of. The region about Cape Ann, extending probably to the Alerrimack river, fell to the lot of Lord Sheffield, who conveyed it by charter January i, 1623-4, to Robert Cushman and Edward Winslow and their associates of Plymouth Colony, who were authorized to eject any person building or settling there without permission. * Late in the autumn of 1624 a ship, " caled y= Charitie " arrived at Plymouth with a cargo of provisions and household supplies. She was hastily discharged and sent to Cape Ann, with some of the prominent planters of the colony, who were instructed to build a fishing stage there to be used in the catching and curing of fish.f More than twelve months previous to that date, the Rev. John White, a Puritan minister of Dorchester, England, with some merchants and other gentlemen of that town, organized a company for the purpose of establishing a colony on the New England coast, where men engaged in fishing, when not other wise employed, might cultivate the soil or carry on a lucrative trade with the Indians. Cape Ann was selected as a favor able location for the new enterprise ; and in the autumn of 1623 fourteen men, from a vessel about to return to England with a full cargo of fish and furs, were landed at or near the present city of Gloucester, and left there to build during the * Palfrey's History of New England, vol. i., p. 2S5. t Liradford's History of Plimoth Plantation, published by order of the General Co-jrt of Massachusetts, pp. igo, 202. EARLY EXPLORERS AND SETTLERS 21 winter dwelling-houses, salt-works, and other structures required in the catching and curing of fish. In the spring of 1624 the same vessel arrived at Cape Ann with men and supplies sent out by the Dorchester Company for the en couragement and support of the feeble colony. In the fall of that year, however, Robert Cushman and Edward Winslow having obtained a grant of all the land in that neighborhood, the planters of Plymouth decided to build a fishing stage there. In 1625 the officers and crew of a vessel sent out by the Dorchester Company, " getting y^ starte of y"= ships that carae to the plantation, they tooke away their stage, & other necessary provisions that they [the Plymouth people] had made for fishing at Cap Anne y^ year before, and would not restore y^ same, excepte they would fight for it. But -y' Gov"^ sent some of y' planters to help y' fishermen to build a new one, and so let them keepe it."* The Rev. William Hubbard, of Ipswich, in his History of New England, says that the Plymouth people built a fishing stage at Cape Ann in 1624 ; and when they went there in 1625, to cure fish, they found the stage occupied. Capt. Myles Standish demanded possession of the property but was met with a peremptory refusal. The dispute grew to be very hot and high words were passed between them which might have ended in blows, if not in blood and slaughter, had not the prudence and moderation of Mr Roger Conant, at that time there present, and Mr Pierse's interposition, that lay just by with his ship, timely prevented. ... A little chimney is soon fired ; so was the Plymouth captain, a man of very little stature, yet of very hot and angry temper. The fire of his passion soon kindled and blown up into aflame by hot words, might easily have consumed all, had it not been seasonably quench ed.f Subsequently Roger Conant, who had been living at Plym outh, was employed as superintendent of the company at Cape Ann. He sent several cargoes of fish to England, but they were sold at prices barely sufficient to pay the wages of the seamen. He remained in charge of the enterprise for * Bradford's History of Plimoth Plantation, published by order of the General Court of Massachusetts, p. 237. t Massachusetts Historical Society Collections, Second Series, vol. v., p. no. 22 HISTORY OF NEWBURY nearly twelve months. At the close of the year 1626 the Dorchester Company decided to sell its ships, abandon the new settlement, and pay for the transportation to England of all who desired to return. Roger Conant and a few of his friends remained, and the following year removed to Naum keag, the site of the present city of Salem. March ig, 1627-8, the Council for New England granted Sir Henry Roswell, John- Endicott, and others a tract of land extending from a line three miles north of the Merrimack river to a line three miles south of the Charles river, and east and west from the Atlantic to the Pacific Ocean. September 6, 1628, John Endicott with a small company landed at Naum keag, where he found Roger Conant, and a few others who had come with him from Cape Ann, comfortably settled, and in clined to resist any attempts to interfere with their rights or privileges. There was much ill feeling, but the questions in dispute were satisfactorily adjusted ; and in commemoration of the peaceful measures and methods adopted to bring about the reconciliation the place was called " Salem." The following year a charter from the king confirmed the grant made to Sir Henry Roswell and his associates, and pro vided that they and their successors should be and remain a corporation under the name of " the Governor and Company of the Massachusetts Bay in New England." A portion of the land conveyed by this charter had previously been granted to Capt. John Mason, and now forms a part of the State of New Hampshire. A long controversy in regard to the boun dary line, " three miles north of the Merrimac river," has only recently been settled by commissioners appointed by the chief executive officers of the two states mentioned. The government of the colony in Massachusetts Bay was intrusted to the members of the corporation residing in Eng land, but the question of transferring to the plantation in America the full and complete control of its affairs was care fully considered and discussed during the summer of 1629. Legal advice favorable thereto was obtained and August twenty-ninth of that year it was determined " by the general consent of the Company that the government and patent EARLY EXPLORERS AND SETTLERS 23 should be settled in New England." June 12, 1630, John Winthrop arrived at Salem, bringing the charter with him. Before the close of the year, settlements were made at Charles town, Dorchester, Boston, Watertown, Roxbury, Mystic (Med- ford), and Saugus (Lynn). The first court of assistants, af terwards called "the Great and General Court," was held at Charlestown August 23, 1630. At a meeting, held Septem ber seventh, it was ordered that no one should settle within the limits of the colony without having first obtained permis sion from the governor and assistants, and a warrant was is sued to command those who had settled at Agawam, now Ips wich, to leave the place. In January, 1633, the court ordered " that a plantation should be begun at Agawam, being the best place in the land for tillage and cattle, lest an enemy, finding it void, should possess and take it from us."* In the month of March following, John Winthrop, Jr., with Mr. George Carr, who was afterwards appointed to keep the ferry between Newbury and Salisbury, and ten or twelve others, commenced a settlement there. August 5, 1634, the General Court at New Town (Cambridge) "ordered that Aggawam shalbe called Ipswich." William Wood, author of " New England's Prospect," pub lished in London in 1634, says: — Agowainnte is nine miles to the North from Salem, which is one of the most spatious places for a plantation being neare the sea, it aboundeth with fish, and flesh of fowles and beasts, great Meads and Marshes and plaine plowing grounds, many good rivers and harbours and no rattle snakes. Ina word, it is the best place but one, which is Merrimacke, lying S miles beyond it, where is a river 20 leagues navigable : all along the river side is fresh Marshes, in some places 3 miles broad. In this river is Sturgeon, Sammon, and Basse, and divers other kinds of fish. To conclude, the Countrie hath not that which this place cannot yeeld. So that these two places may containe twice as many people as are yet in New England; there being as yet scarce any inhabitants in these two spacious places. Three miles beyond the river Merrimacke is the out side of our Patent for the Massachusetts Bay. These be all the Townes that were begun, when I came for England, which was the 15 of August 1633.1 *Winthrop's History, vol. i., pp. g8, gg ; also. Coffin's History of Newbury, p. lo. t" New England's Prospect," reprinted by the Prince Societj- of Boston, 1865, chap, xi., p. 49. The South part of New-England, as it is Planted this yeare, 16^4. EARLY EXPLORERS AND SETTLERS 2^ % Although there was no settlement between Ipswich and the boundary line of the colony on the north, it is evident that the land afterwards laid out and incorporated as the town of Newbury was not, even at that early date, an un known wilderness, while it is equally certain that the " Sam mon and Basse" in Merrimack River were a source of revenue to the fishermen who came from many and distant places. The sturgions be all over the Countrey, but the best catching of them be upon the shoales of Cape Codde and in the River of Mirrimacke where much is taken, pickled and brought for England, some of them be 12, 14, 18 foote long.* The map of the coast from Narragansett Bay to "Aco- menticus," published in the first edition of "New England's Prospect," and reproduced herewith, gives the location of Cape Ann, Boar's Head, and the " Hand of Shoulds," also the rivers " Quasacunqud," " Piscataque," " Merrimack," and an island, not named, at the mouth of the last-named river, now known as Plum Island. On the southerly bank of the Merrimack river, at or near the easterly end of a small island (evidently Deer Island), the Indian camping ground or fishing station " Pentucket ' is located. Possibly, John Win throp, Jr., may have established a trading house there after the adoption of the follo\ving order by the General Court : — September (3) 1633 There is liberty granted to Mr. John Winthrop Jun"-, & to his assignes, to sett vpp a trucking howse vpp Merrimack Ryver.f The map drawn by Capt. John Smith, and published in 16 1 6, gives a fairly accurate outline of the New England coast from Mount Desert to Cape Cod, but does not give the location of the Merrimack, Piscataqua, Saco, and some other large rivers between those two points. Probably they were not seen by the bold and enterprising explorer as he sailed along the shore in a small boat, although he evidently as cended the Kennebec, and named it "The River Forth. "J * " New England's Prospect," reprinted by die Prince Society of Boston, 1865, chap, ix., p. 37. t Massachusetts Colony Records, vol. i., p. loS. tSee map in Narrative and Critical History of .-imerica, vol. iii., p. 198. 26 HISTORY OF NEWBURY February 28, 1633-4, King Charles I., greatly dis turbed by the report that a large number of his disaffected and discontented subjects were about to leave England for the purpose of securing civil and religious liberty beyond the sea, ordered the officers of the crown to detain ten ships, then in the river Thames, until the oath of allegiance to the king could be administered to all persons intending to em bark for New England. The masters of the ships were placed under bonds to observe certain rules and regulations, and especially to see that the prayers of the Church of England were read daily on the \'oyage to the New World. Matthew Cradock, the first governor of the Massachusetts Company, was summoned to appear before the king and the lords of the Privy Council, and ordered to bring the charter of the company with him. He replied that the charter was in New England. This was probably the first intimation the king had received that the powers and privileges granted the company in London had been transferred to the colony in Massachusetts Bay. Immediate steps were taken to se cure a return of the charter, and the appointment of a gov ernor-general to supervise and control the administration of public affairs in New England was strongly urged by the offi cers of the crown. At a meeting held '• at the Earl of Carlisle's Chamber at Whitehall," April 25, 1635, the Council for New England de cided to rehnquish all its rights and privileges under the charter granted November 3, 1620, upon condition that the territory, of which a large portion had already been conveyed to various individuals by its own corporate action, should be divided and distributed by lot among the members of the council. June seventh, the " Great Charter" was surrendered to the king, and the distribution of the land was made in accord ance with the terms and condition of the act providing for its repeal. The council declared that it was compelled " because of many discouragements" to abandon the attempt to rule and govern New England, and attributed its ill success chiefly to EARLY EXPLORERS AND SETTLERS 27 the interference of the charter of the Massachusetts Com pany, which, it alleged, had been " surreptitiously gotten " in derogation of the rights of Capt. Robert Gorges and others. A writ of quo -warranto was issued in September, 1635, and served on the members of the company in England. All but Cradock pleaded "not guilty'' to the charges brought against them ; but, in the opinion of the court they had made use of powers and privileges not granted them in the charter, and were therefore prohibited from intermeddling with its affairs. Cradock was defaulted, convicted of usurpa tion, and the rights and liberties of the franchise were re voked and restored to the king. While these proceedings were pending in the Privy Coun cil and law courts of England, the town of Newbury was in corporated by "the Great and General Court of Massachu setts," and the settlement at Parker river began. CHAPTER n. THE SETTLEMENT AT PARKER RIVER, 1635-1645. A.MOXG the vessels detained in the river Thames by order ot the king's Privy Council, February 14, 1633-4, was the ship " Mary and John," Robert Sayres, master. On the twenty-fourth and twenty-sixth of March following. William Moudey Thomas Sweele Thomas Savery Phillip Fowler Robert Coker John Godfrey Nicholas Noyce Richard Littlehall John Whelyer Robert Newman Nicholas Easton .Abraham Mussey Matthew Gillett John Mussey Thomas Parker John Spencer Henry Shorte John Newman Thomas Newman N- Henry Travers John Woodbridge Christopher Osgood John Bartlett William Savery George Browne Richard Browne William White William Clarke Stephen Jurden Richard Kent William Ballard William Franklin Thomas Cole James Noyce William Spencer Richard Kent, Jun Henry Lunt John -Anthony whose names are found among the early settlers of New- bur}', and others, took the oath of supremacy and allegiance to the king, and were allowed to sail in the ship for New England.* They arrived at Boston in the month of May, 1634, and the Rev. Thomas Parker, with most of the .persons named in the above list, with their families, to the number of about one * New England Genealogical and Historical Register, luly, 1S55, p. 265. (2S) THE SETTLEMENT AT PARKER RIVER 29 hundred removed to Agawam (Ipswich), where they re mained during the following winter. At the General Court held at Boston, May 14, 1634, deputies or representatives from eight towns in the colony participated in its proceedings. Previous to that date the laws were made and executed by the governor and his assistants without consultation or conference with the free men ; but some controversy having arisen in regard to the abrogation of an order for the "killing of swine, etc.," Govemor Winthrop consented to the election of a certain number of deputies annually from each town to aid and assist in the enactment of laws and the administration of justice. Ipswich was not represented at the General Court held May 14, 1634; but at the session held at Newe Town (Cambridge), March 4, 1634-5, three persons claimed election as deputies from that town. Only one, however, was admitted to membership. Vpon a certificatt of 5 comissioners, chosen by the Court to con sider of the elecon of the deputyes of Ipswich it did appeare to the Court that two of them viz : Mr Easton & Henry Shorte were vnduely chosen, whoe were forthwith dismissed : soe Mr John Spencer onely stands legally elected in the opinion of the Court.* The territory lying between Ipswich and the Merrimack river was well situated, and covered an area of more than thirty thousand acres of upland and marshland. In the sum mer of 1634 it had been carefully e.xamined by an agent sent over by '' divers gentlemen of Scotland," who " wrote to know whether they might be freely suffered to exercise their pres- bj^terial government amongst us ; and it was answered affirm atively that they might."! In May of that year the Rev. Thomas Parker and his com pany arrived in Boston ; and, in the month of June following, fourteen ships arrived there, bringing passengers and letters. * Massachusetts Colony Records, vol. i., p. t35. The persons named in the above certificate were among the first settlers of Newbur>'. t Chronicles of the Pilgrim Fathers, p. 403. 30 HISTORY OF NEWBURY We received letters from a godly preacher, Mr Levinston, a Scotchman in the north of Ireland, whereby he signified that there were many good Christians in those parts resolved to come hither, if they might receive satisfaction concerning some questions and propositions which they sent over.* September 25, 1634, the General Court ordered "that the Scottishe & Irishe gentlemen w'^'' intends to come hither shall haue liberty to sitt doune in any place vpp Merrimacke Ryver, not ppossessed by any." f The company embarked for New England, " but, meeting with manifold crosses," abandoned the enterprise and returned home. Before the failure of the expedition was known, how ever, the town of Ipswich, in the' exercise of its authority over the unoccupied territory still under its control, made the following conditional grant : — December 29th 1634 Itt is consented unto that John Pirkins, junior, shall build a ware [fish trap] upon the river of Quasycung [now river Parker] and enjoy the profitts of itt, but in case a plantation shall there settle then he is to submitt himself unto such conditions, as shall by them be imposed.! The Rev. Thomas Parker and his friends from Wiltshire, England, remained in Ipswich until the following spring, when they applied to the General Court for liberty to settle on the Ouascacunquen river. Some of the chief of Ipswich desired leave to remove to Quasca- cunquen, to begin a plantation there which was granted them, and it was named Newberry. § May 6, 1635, the following orders were passed by the General Court ; — Wessacucon is allowed by the Court to be a plantacbn & it is re- ferd to -Mr Humfry. Mr Endicott, Capt Turner and Capt Traske or any three of them, to sett out the bounds of Ipswich & Wessacucon, or soe much thereof as they can & the name of the said plantacon is changed & hereafter to be called Neweberry. • Winthrop's History (edition 1S33), vol. i., p. 160. t Alassachusetts Colony Record, vol. i., p. 129. X See records of the town meetin.s; held in Ipswich, December 29, 1634. 5 Wmthrop's History (.edition, 1S53), vol. i., p. 191. THE SETTLEMENT AT PARKER RIVER 31 Farther, it is ordered, that it shal be in the power of the Court to take order that the said plantacon shall receave a sufiicient company of people to make a competent towne.* It is referd to M' Humfry, M"" Endicott, Capt Turner & Capt Traske to sett out a fferme for M"- Dumer, aboute the falls of Neweberry, not exceeding the quantity of 500 acres, pvided also it be not piuditiall to Neweberry. f The territory laid out and incorporated as the town of Newbury was included in the grant made to Capt.' John Mason, March 9, 162 1-2, by the Council for New England; and this territory was again assigned to him February 3, 1634-5, jiist previous to the dissolution of the company and the surrender of its charter to the king. April 22, 1635, the grant was confirmed by the company ; and two deeds, of nearly the same tenor, were executed, conveying to Capt. John Mason and his heirs all that portion of the main land of New England "beginning from the Middle part Nahum- kege River & from thence to proceed Eastward along the sea Coast to Cape Ann & round about the same to Pischa- taqua harbour," etc. These conveyances were subsequently recorded in the Registry of Deeds, York County, Maine, book IL, pp. 14-17. 1 , Govemor Winthrop, and the men associated with him in the administration of public affairs, were evidently anxious to extend the settlement of the colony to its extreme northern limit, in order that they might hold the disputed territory against all claimants under the Mason grant. Vigorous measures were taken to accomplish this result. Most of the passengers who came to New England in the ship " Mary and John " were induced to remove to Newbury early in the year 1635. Tradition asserts that they came by water from Ipswich, and landed on the north shore of the Quascacunquen * Massachusetts Colony Records, vol. i., p. 146. The Indian name "Wessacucon" was sometimes spelled " Wessacumcon." In Winthrop's History of Xew England, quoted on page 30, it was written "Quascacunquen." In the town records of Ipswich it was "Quasycung," as stated on the preceding page. On the map published in " New Englandls Prospect," by Wilham Wood, in 1634, "Quascunqud River" is the name given to w-hat is now known as Parker river. t Massachusetts Colony Records, vol. i., p. 146. JCertiiied copies of these conveyances may be found in the Prince Society Publications, "Captain John llason," pp. 209-215. 32 HISTORY OF NEWBURY (now Parker) river, about two or three hundred rods below the bridge that connects the "Lower Green" with the " Great Neck " and the town of Rowley. They were soon joined by Henry Sewall, Richard and Stephen Dummer, and others, who were interested in stock-raising and actively eno-aged in the importation of sheep and cattle. June 3, 163s, two Dutch ships, loaded with horses, heifers, and sheep, arrived at Boston ; and the same day the ship "James," three hundred tons burthen, arrived at the same place with cattle and passengers.* The last-named vessel sailed from Southampton, England, about the fifth of April, 1635, and is said to have delivered her cargo in good order and condition. Among her passengers were Thomas Browne of M alford, weaver. Hercules Woodman " " mercer. Thomas Colman " Marlborough husbandman. Anthony Morse u shoemaker. William Morse (( (( u Nicholas Batt " Devyes linen weaver. John Knight " Romsey tavlor. Richard Knight <; i. '• Nicholas Holt U l( tanner. John Emery (i (t carpenter. Anthony Emery It. i( (. John Pike " Langford laborer. John Musselwhite (i 4( ct t Anthony Thetcher " Sarm (Salisbury) tavlor. Most of the persons named in the above list came to New bury soon after their arrival at Boston; and, July 8, 1635, * Wuithrop's History (edition. 1853), vol. i., pp. igi, 192. t New England Genealogical and Historical Register, October, 1S60, p. 333. In a foot-note on page ig6, vol. i. of Winthrop's History, Anthony Thacher and ^Ir. Avery are said to have come to New England in the ship "James"; but in the list printed in the Genea logical Register and quoted above. Mr. Avery's name does not appear. It is also stated that his baptismal name was John : and in Book III., Part Second, Chap, ii., of Mather's " Mag nalia," there is an account of " the death of Mr. John Avery." This is evidently an error, tn the records of the General Court, vol. i., p. 154, under date of September i, 1635, he is called i\Ir. Joseph Aver\", and Mr. Anthony Thacher is appointed administrator of his estate. In the inveniorv of personal property signed by ^Ir. Thacher, a few weeks later, " Joseph " is given as the baptismal name; and " Richard Knight, Nicholas Holt & John Knight, all three of New- burr\'," are mentioned as witnesses to a debt said to be due the estate from John Emerj'. Young's Chronicles of Massachusetts, chap, xxiii., p. 485, and Increase Mather's " Remarkable Pnnidences," chap, i., give the details of the terrible shipwreck at Cape Ann, August 14, 1635, THE SETTLEMENT AT PARKER RIVER 33 the General Court ordered ¦' that there shall be a convenient quantity of land sett out by Mr Dumer and M' Bartholemewe, within the bounds of Newbury, for the keeping of the sheepe and cattell that came over in the Dutch shipps this yeare, and to belong to the owners of said cattell." * This joint stock-raising enterprise met with many discour agements, and after a few months' trial was reluctantly aban doned. November 3, 1635, the General Court passed the following order : — Whereas Thomas Coleman hath contracted with S' Richard Salton staU & dyvers other gentlein in England & here for the keepinge of cer- taine horses, bulls & sheepe in a gen'all stocke, for the space of three yeares, & nowe, since his comeing hither, hath bene exceeding necligent in discharging the trust comitted to him, absenting himselfe for a longe tyme, from the said cattell, as also neclecting to provide howseing for them, by reason whereof many of said cattell are dead already, & more damage like dayly to accrue to the said gentlem, it is therefore ordered, that it shal be lawful! for the said gentlem to devide the oates & hay provided for the said cattell amongst themselves & soe euery one to take care of their owne cattell for the winter.f At this time the colony of Massachusetts Bay was greatly disturbed by the mutilation or defacement of the national en sign by the order of Capt. John Endicott. The Court of Assistants met at the house of Thomas Dudley, govemor, No- which resulted in the loss of Mr. Avery, his wife, six children, and all who were on board the vessel, except Mr, Thacher and his wife. Mr. Avery -was a ininister, and cousin to Anthony Thacher, who was a tatlor from Salisbury, England. They came to Newbury soon after tbe incorporation of the town ; but, being strongly urged to go to Marblehead, they embarked with their families at Ipswich in a small pinnace, and during a terrific storm were dashed upon the rocks, and the crew, with all the passengers except two, weredrowned. Theplace where thiscatastropheoccurredwascalled "Thacher's Woe'* (now Thacher's Island) and " Avery his Fall " (now Avery's Rock). The " Swan Song of Parson Avery," by John G. Whittier, describing the shipwreck and the storm, closes with these lines : — " There was wailing on the mainland, from the rocks of Marblehead ; In the stricken church of Newbury the notes of prayer were read ; And long, by board and hearthstone, the living mourned the dead. " And still the fishers outbound, or scudding from the squall. With grave and reverent faces, the ancient tale recall. When they see the white waves breaking on the Rock of Avery's Fail." " March 9, 1636-7 Mr Anthony Thacher had granted him the small iland at the head of Cape Ann (vpon wch hee was p'served from shipwreck) as his pp inheritance." Massachusetts Colony Records, vol. i., p. 191. * Massachusetts Colony Records, vol. i., p. 149. tibid., p. 155. 34 HISTORY OF NEWBURY vember 27, 1634, " to advise about the defacing of the cross in the ensign at Salem." The magistrates agreed to write to Mr. Downing in Eng land, expressing their disapprobation of the act and their pur pose to punish the offenders, " with as much wariness as we might, being doubtful of the lawful use of the cross in an ensign." * January 19, 1634-5, all the ministers except M' Ward of Ipswich, met at Boston, being requested by the governour and assistants, to consider of these two cases : 1 . What we ought to do if a general gov ernour should be sent out of England .'' 2. Whether it be lawful for us to carry the cross in our banners ? In the first case, they all agreed, that, if a general governour were sent, we ought not to accept him, but defend our lawful possessions, (if we were able) ; otherwise to avoid or protract. For the matter of the cross, they were divided, and so de ferred it to another meeting.f At a meeting of the General Court held at New Towne (Cambridge), March 4, 1634-5, M"" Endicott was called to answer for defacing the cross in the en sign; but because the court could not agree about the thing, whether the ensigns should be laid by, in regard that many refuse to follow them, the whole cause was deferred till the next general court ; and the commissioners for military affairs gave order, in the meantime, that all the ensigns should be laid aside.f At the General Comrt held May 6, 1635, the town of New bury was incorporated ; and the same day a committee was appointed " to consider the act of M"' Endicott, in defacing the co^s & to reporte to the Court howe farre they judge it sensurable."§ Mr. John Spencer, a deputy from Ipswich, who was one of the first settlers of Newbury, served on this committee, which was composed of one member from each town, nine in all, and four additional elected by the Court of Assistants. This committee reported, after a few hours' dehberation, that a great offence had been committed, that it was done with- * Winthrop's History (edition 1853), vol. i., p. 179. t Winthrop's History, vol. i, p. 183. { Ibid., vol. i., p. 186. § Massachusetts Colony Records, vol. i., p. 145. THE SETTLEMENT AT PARKER RIVER 35 out the advice or consent of the General Court, and that John Endicott should be admonished and disabled from ' holding public office for one year, "declining any heavier sentence because they were persuaded he did it out of tenderness of conscience, and not of any evil intent." * The following year Thomas Milward, mate of the ship " Hector," then in Boston harbor, denounced the colonists as rebels and traitors because they did not display the king's colors at the fort on Castle Island. For this offence he was seized and brought before the General Court and com mitted for trial. But the next day, having signed the follow ing certificate, he was released, and subsequently came to Newbury, where he lived for many years : — Whereas I, Thom : Millard, have given out most false & repchfuU speaches against his maties' loyall & faithfull subjects dwelling in the Massachusetts Bay, in America, saying that they were all trayto^s & rebells & that I would affirme so much before the Goveno"" himselfe, weh expressions I do confes (& so desire may bee conceived) did pceed from the rashnes & distemper of my owne braine, w'^out any just ground or cause so to thinke or speake, for weh, my vnworthy & sinfull carriage being called in question, I do justly stand committed ; my humble & [ ] request y'fore is y* vpon ys my free & ingenious re cantation of -p my grosse failing it would please ye Govenor & ye rest of ye assistants to accept of this my humble submission, to passe by my fault & to dismisse rae fro further trouble ; & ys, my free & volentary confession I subscribe w* my hand ys 9th June 1636. Thomas IVIiLLERD.f Notwithstanding this acknowledgment of submission on the part of Thomas Milward, it is evident that the governor and his Court of Assistants were somewhat uneasy for fear their conduct might give offence to the king. Some captains in the harbor of Boston being consulted upon the subject. They answered, that, in regard that they should be examined upon their retum, what colors they saw here, they did desire that the king's colors might be spread at our fort. It was answered that we had not the king's colors. Thereupon two of them did offer them freely to us. We replied that for our part we were fully persuaded, that the cross in the ensign was idolatrous, and therefore might not set in our ensign ; * Wmthrop's History, vol. i., p. 1S9. t Massachusetts Colony Records, vol. i., p. 178. 36 HISTORY OF NEWBURY but because the fort was the king's and maintained in his name, we thought that his own colors might be spread there. So the governour accepted the colors of Capt. Palmer, and promised they should be set up at Castle Island.* During the summer of 1635, while the excitement caused by the defacing of the colors and the failure to re-elect Endicott, a member of the Court of Assistants, was at its height, the work of clearing and preparing the soil for culti vation was prosecuted with undisturbed vigor in the settle ment at Parker river, Newbury. House lots, planting lots, and meadow lots were granted and laid out according to the rule established in London by the company organized for the encouragement of emigration and the development of the re sources of the colony in Massachusetts Bay. A house lot of four acres, with the right of pasturage, was assigned to the poorest settlers ; fifty acres were allotted to every person who paid for his own transportation to New England ; two hun dred acres to every one contributing fifty pounds to the common stock ; and a larger or smaller number to other cash contributors in proportion to the amount invested by them. Dwelling-houses were erected, and a church organized (the tenth in the colony) " in the open air, under a tree " that stood on the north bank of the Parker river, at or near the Lower Green. The Rev. Thomas Parker was chosen pastor, and the Rev. James Xoyes, teacher. Prudential men — after ward called "the seven men" and "the selectmen" — were elected to attend to the ordinary business affairs of the town. The population steadily increased in numbers and improved, slowly, in worldly condition. Only two months after the in corporation of the town it was called upon to assess and collect its proportion of a tax of two hundred pounds levied by the General Court, one-half of this tax to be paid at once, and the other half before the next meeting of the General Court. f Richard Dummer was a member of the Court of Assistants from Roxbury, and John Spencer was a deputy from Ipswich, at the time this tax was levied, July 8, 1635. The same day • Wintlirop's History, vol. i., p. .24. t Massachusetts Colony Records, vol. i., p. 149. 38 HISTORY OF NEWBURY the General Court granted liberty "to M'' Dumer & M"" Spencer to builde a myll & a weire att the falls of Neweberry, to enioy the said myll & weire, with such preuilidges of ground & tymber as is expressed in an agreem' betwixte them & the towne to enioy to them & their heires foreuer." * This mill was probably erected in 1636, although evidently not completed until two or three years later .f In 1637, Richard Dummer and John Spencer, with more than sixty other followers of Mrs. Anne Hutchinson and the Rev. John Wheelwright, were condemned and disarmed for holding erroneous religious opinions. Vexed and humiliated by this arbitrary act of the General Court, they decided to abandon their business enterprises in Newbury, and seek a more con genial dwelling-place elsewhere. They evidently sailed for England at the first convenient opportunity. Mr. Spencer died in London previous to 1648. Mr. Dummer apparently returned to Newbury in 1638, bringing his wife and family, t He probably found it advisable to pursue this course in order to avoid great pecuniary loss, and thereafter seems to have suppressed his own personal views and opinions on religious matters so far as possible, and submitted quietly to the laws and orders passed and approved by the General Court. He made an agreement with Edward Woodman, Edward Rawson, John, Knight, and Richard Brown that was entered upon the records of the town of Newbury, August 6, 1638, which reads as follows : — It is agreed w'h Mr Richard Dummer of Newbury by the psons whose names are hereunto subscribed that in case M^ Dummer doe make his * Massachusetts Colony Records, vol. i., p. r49. t Winthrop's History, vol. i., p. 234. t Among the passengers in the ship " Bevis," 150 tons, from Southampton for New England, May, 163S, were " Richard Dumer of New Eftgland aged 40 Alee Dumer '* 35 Thomas Dumer " 19 Joane Dumer " 19 Jane Dumer " 10 Stephen Dumer Husbandman (probably) 29 Dorothee Dumer 6 Richard Dumer 4 Thomas Dumer 27 " — JIassachusetts Historical Collections, Third Series, vol. .i... p. 145. THE SETTLEMENT AT PARKER RIVER 39 mill fitt to grynd corne & doe so maintayne the same, as also doe keepe a man to attend the grynding of corne, then they for their pts will send thither all the corne that they shall have grovmd ; & doe likewise pmise that all the rest of the Toune (if it lye in their power to p'cure the same) shall also bring their corne from tytne to tj'me to be ground at the said mill ; and it is further agreed that (the 'fore menc'oned condic'on being observed by Mr Dummer) there shall not any other mill be erected wiiin the said Toune. The exact location of the meeting-house, built probably during the summer of 1635, is ^somewhat uncertain. It was probably erected on the triangular lot of land now known as the Lower Green, or, possibly, a hundred rods farther north, at or near the burying-place mentioned in the grant to John Emery May 18, 1647.* -A-t all events, the houses of the first settlers of Newbury were in that immediate vicinity ; and the General Court ordered, September 6, 1635, that "noe dwelling howse shalbee builte above halfe a myle from the meeting howse in any newe plantacon, granted att this Court, or hereafter to be granted, without leaue from the court, (except myll howses & fferme howses of such as have their dwelling howses in some towne), Ipsw<*, Hingham, Newberry & Waymothe to be included in this order." f This law, though oppressive and annoying, was strictly en forced until May 13, 1640, when it was repealed. The boundary line between Ipswich and Newbury was set tled and agreed upon by special committees appointed for that purpose : — Sept 3, 1635. John Winthrop Senr & John Humfry, Esq. are in- treated by the court to vewe the bounds of Ipswch & Neweberry, & to informe the nexte court howe they may conveniently be bounded.^ March 3, 1635-6. It is referd to John Humfry, Esq & Cap' Turner to sett out the bounds betwixte Salem & Ipswct & betwixte Ipsw^ii & Newberry, before midsumer, nexte, as also to vewe & infonne the nexte Gen'all Court if there may not be another towne conveniently setled be twixte them ; & it is agreed, that the bounds of the said townes shall run sixe myles apeece into the country.§ *See " Ould Newbury," p. 24. t Massachusetts Colony Records, vol. i., p. 157. X Ibid., vol. i., p. 159. § Ibid., voL i., p. 167. 40 HISTORY OF NEWBURY The General Court also licensed Francis Plumer to keep an ordinary, and authorized " M"" Dumer to sweare a constable at Neweberry." * At the same session, September 3, 1635, the General Court " ordered, that the high wayes betwLxte Ipsw"* & Saugus & betwLxte Ipsw* & Neweberry, shalbe mended by the inhabitants of the townes, where they are, before the next p'ticular court." f A tax was also levied, to be paid the treasurer of the colony before the next session of the court. The amount assessed upon £ s d £ s d Newbui-y was 7. 10. 00 Waymothe 4. 00. 00 Ipswch 14. 00. 00 Hingham 6. 00. 00 Salem 16. 06. 00 Meadford 9. 15. 00 Saugus II. 00. 00 Boston X 25. 10. 00 March 3, 1635-6, the General Court "ordered, that there shalbe three hundred pounds levyed out of the seu'all planta- cons for public uses. " § Of this amount, Newbury was called upon to pay the sum of ;^ii SJ. ; Ipswich, £2^ ; Boston, ^37 los.; etc. § For the admistration of justice and the enforcement of the laws, civil and criminal courts were established in the colony ; and March 3, 1635-6, the General Court "ordered that there shall be ffoure courts kept eu"'y quarter : i. att Ipsw*^'' to which Neweberry shall belonge ; 2. att Salem, to w*^*" Saugus shall belonge ; 3. att Newe Towne to w'^'' Charlton, Concord, Meadford & Waterton shall belonge; 4th. att Boston to W^h Rocksbury, Dorchesf, Weymothe & Hingham shall belonge." || The govemor, deputy governor, and members of the Court of Assistants were elected by the "freemen " of the colony, who were required by law to meet, annually, in the month of May at the General Court for that purpose. Those living in towns remote from Boston finding this law burdensome and oppressive, the court ordered March 3, 1635-6, • Massachusetts Colony Records, vol. i., p. 159. f Ibid., vol. i., p. 160. X Ibid., vol. i., p. 158. 5 Ibid., vol. i., p. 164. || Ibid., vol. i , p. 169. THE SETTLEMENT AT PARKER RIVER 41 That the Genall Court, to be holden in May nexte, for the eleccon of Magistrates &c shalbe holden att Boston, & that the townes of Ipswch, Neweberry, Salem, Saugus, Waymuthe, & Hingham shall have libertie to stay soe many of their ffreemen att home, for the safty of their towne, as they judge needeful & that the saide ffreemen that are appoyneted by the towne to stay att home shall have liberty for this court to send their voices by pxy.* At the General Court held in Boston May 25, 1636, Sir Henry Vane was elected govemor, and John Winthrop, deputy governor. The ffreemen of Neweberry are fiined vid a peece for chusing & sending to this court a deputy weh was noe ffreeman. f " M"- Dudley, M^ Dumer, M'^ Bradstreete, M' SaltonstaU & M"" Spencer" were appointed magistrates for the county courts for Ipswich and Newbury, and "M"' Dumer" was chosen treasurer of the colony " for this year nexte ensueing & till a newe be chosen." \ May 17, 1637, John Winthrop was elected governor, and Thomas Dudley, deputy governor. Among those who were made freemen at Newe Towne (Cambridge) that day, and took the oath established by order of the General Court, were : Edmond Marshall John Bartlet Henry Seawall Junior Robert Pike Nicholas Holt Thomas Coleman . Nicholas Noise John Cheney Archelaus Woodman Thomas Parker James Browne In the year 1635, the Election was held at Cambridge : so twas again May 17, 1637, upon the Plain in the open Aer. Govt Vane was there, and had the Mortification to see the excellent John Winthrop preferd before him, and chosen Governour (who had been Governour 1 630-1-2- 3). Indeed M' Vane seemed to stand so hard for being chosen again, as to endeavor to confound and frustrat the whole business of the Election, rather than that he himself should fail of being chosen. There was a great struggle, he being the principal Magistrate, for managing the Elec tion. My father has told me many a time that he and others went on foot from Newbury to Cambridge, fourty miles, on purpose to be made * Massachusetts Colony Records, vol. i., p. 166. flbid., vol. i., p. 174. + Ibid., vol. i., p. 175. 42 HISTORY OF NEWBURY free, and help to strengthen Gov Winthrop's Party. And I find his name in the Record accordingly.* WINNACUNNET. In order to hasten the settlement of the territory supposed to be within the jurisdiction of the colony of Massachusetts bay, the General Court ordered, March 3, 1635-6, "that there shalbe a plantacSn settled att Wenicunnett & that M' Dumer & M'' John Spencer shall have power to presse men to builde a howse forthw''' in some convenient place ; & what money they lay out aboute it shalbe repaide them againe out of the treasury', or by those that come to inhabite there." f " Winnacunnett " was afterwards called Hampton ; \ and the house ordered by the General Court was probably erected not far from the boundary line that now divides the towns of Sea- brook and Hampton Falls, N. H. It was evidently on the path or way leading from Newbury to Piscataqua (now Portsmouth), and for many years was known as the "Bound House," although it was undoubtedly intended as a mark of possession, rather than of limit, by the colony of Massachusetts bay. At a later date, however, when the colony was urging its claim to a large portion of the territory now included in the state of Maine, Robert Carr, Samuel Mavericke, and George Cartwright, commissioners from King Charles IL, replied, July 16, 1665, in answer to this claim : — The fixing, nameing, and owning a Bound house 3 large miles north from ^lerrimack River about 1 2 yeares together, by the corporation of Massachusetts (after the fixing of which Bound house many other patents were granted by the Council of Plymouth & by the King,) must necessarily determine the limits of the said Corporation, and answer all the false and fraudulent expositions of their Charter. § The disputed claim was finally settled by an act of Parlia ment creating the Province of New Hampshire, and restrain ing the colony of Massachusetts from exercising its authority over the towns of Portsmouth, Dover, Exeter, and Hampton. * Samuel Sewall's Letter Book, vol. i., p. 295. t Massachusetts Colony Records, vol. i., p. 167. i September 4, 1639. § Provincial Papers of New Hampshire, vol. i., p. 249. THE SETTLEMENT AT PARKER RIVER 43 March 9, 1636-7, the Rev. John Wheelwright was adjudged " guilty of contempt and sedition " by the General' Court ; and, November 2, 1637, he was disfranchised and ordered to de part beyond the jurisdiction of the colony within fourteen days. The same day the inhabitants of Newbury received a conditional grant of Winnacunnet, and those who removed there within one year were to have "three years imunity," beginning March i, 1637-8.* Mr. Wheelwright, after his banishment, "settled just beyond the Bound House," and sub sequently bought of the Indians a tract of land thirty miles square, extending from three miles north of the Merrimack to the Piscataqua river, and including Winnacunnet. Richard Dummer, John Spencer, and Nicholas Easton were supposed to sympathize with the Rev. John Wheelwright in his religious opinions ; and, November 20, 1637, they were ordered to deliver up to the constable of Newbury their "guns, swords, pistols, powder, shot, and match." Soon after the promulgation of this order, Mr. Dummer and Mr. Spencer went to England ; but Mr. Easton evidently remained in Newbury, although he had asked and obtained liberty to remove beyond the jurisdiction of the colony. March 12, 1637-8, the General Court, having information that he and others who had been disarmed intended only to withdraw themselves for a season, in order to avoid the censure of the court, ordered them to depart according to the license given them. Mr. Easton had probably been employed as architect or superintendent of the workmen " pressed " by Mr. Dummer and Mr. Spencer to build the house at Winnacunnett, and was doubtless well acquainted with the agricultural resources and advantages of that locality.f When he found, by order of the General Court, that he must remove from Newbury, he decided to go to Winnacunnet and settle there. His plans, however, were frustrated by the adoption of a peremptory order, May 16, 1638, "that the magistrates of Ipswich shall have power to discharge M"" Eason & M'^ Geoffry fro"" build- * Massachusetts Colony Records, vol, i., p. 203. t Belknap's History of New Hampshire, vol. i., p. 38. 44 HISTORY OF NEWBURY ing at Winnacunnet & if they will not take warning, to cleare the place of y""." * Whether the magistrates of Ipswich were obliged to use force in order to " cleare the place of ym " is unknown ; but it is certain that Nicholas Easton was soon after in Rhode Island, where he resided until his death. He was governor of that state in the years 1672 and 1673. Although the inhabitants of Newbury were granted in November, 1637, the privilege of removing to Winnacunnet, no effort was made on their part to obtain possession of that territory until the autumn of 1638, when a petition signed by a number of Newbury men was presented to the General Court for confirmation of the grant and for liberty to begin a settlement there. At the session held in Boston, Sep tember 6, 1638, The Court grants that the petitionesr Mr Steven Bachiler, Christo : Hussey, .Mary Hussey, vidua, Thom : Crumwell, Samuel SkuUard, John Osgood, John Crosse, Samu : Greenfield, John Molton, Tho : Molton, Willi: Eston, Willi: Palmer, Willi: Sergant, Richrd Swayne, Willi; Sanders, Rob^t Tucke, wth diverse others shall have liberty to begin a plantation at Winnacunnet: & Mr Bradstreete, Mr Winthrope Junior & Mr Rawson, or some two of them, are to assist in setting out the place of the towne, & apportioning the severall quantity of land to each man, so as nothing shalbee done therein w'hout alowance from them, or 2 of them.f Some of the petitioners, with others whose names are un known, availed themselves of the privileges granted by this order, and during the winter and spring removed thither in such numbers that the General Court acknowledged and de clared, June 6, 1639, Winnacunnet is alowed to bee a towne, & hath power to choose a cunstable & other oflScers, & make orders for the well ordering of their towne, & to send a deputy to the Court, & Christo: Hussey, Willi : Palmer & Rich'd Swaine to end all businesses vnder 2oshs for this yeare; the laying out of land to bee by those expressed in the former order.^ Edward Rawson, one of the committee appointed to lay out the land at Winnacunnet, was a deputy to the General • Massachusetts Colony Records, vol. i., p. 231. t Ibid., vol. i., p. 236. X Ibid., vol. i., p. 239 THE SETTLEMENT AT PARKER RIVER 45 Court from Newbury. The Rev. Stephen Bachiler had been a minister at Saugus (Lynn) for several years ; but, in conse quence of some contention among the people there, he re moved to Ipswich, then to Cape Cod, and then to Newbury, where he was living in 1638. His son-in-law, Christopher Hussey, probably came to Newbury twelve months earlier. After the incorporation of Winnacunnet Mr. Bachiler and Mr. Hussey disposed of their real estate in Newbury, and ac knowledgment of the same was entered upon the records as follows : — It was acknowledged by Mr Richard Dufner and William Wake field * being authorized by Mr Stephen Bachelour and Christopher Hussey to have sold both theyr house Lotts and arable lands, meadows, marsh, orchard, fences, priviledges & comons and Whatsoever Rights they had to any Lands in the Towne of Newbury for and in consideration of six score pounds already paid. I say they did acknowledge to have full power to sell it unto Mr John Oliver of Newbury to remaine abide and continue to him and his heyrs forever June 5'h 1639 as by a bill of sale doth appeer bearing the same date and subscribed by Mr Stephen Bachelour & William Wakefield.f Witness Edward Woodman & Richard Lowle. The path from Newbury through the woods of Winna cunnet to the settlement on the Piscataqua river was the scene of a terrible crime. Soon after the "Bound House" was built in 1636, the General Court ordered the constable of Newbury, June 6, 1637, to arrest William Schooler and bring him to Ipswich court. William Schooler was a vintner from London. He lived with another fellow at Merrimack, and there being a poor maid at Newbury, one Mary Sholy, who had desired a guide to go with her to her master, who dwelt at Pascataquack, he inquired her out, and agreed, for fifteen shillings, to conduct her thither. But, two days after, he returned and, being asked why he returned so soon, he answered that he had carried her within two or three miles of the place and then she would go no farther. Being examined for this by the magistrates, at Ipswich, and no proof found against him he was let go.if * The first town clerk of Winnactmnet ' t Newbury Proprietors' Records, vol. i., p. 48. + Winthrop's History, vol. i., p. 289. 46 HISTORY OF NEWBURY Nearly six months after his release the body of Mary Sholy was found by an Indian in a thick swamp ten miles from the place where he said he had left her. He was again arrested, and arraigned on the charge of murder. He told many contradictory stories. " He said he went by Winicowett House, which he said stood on the contrary side of the way." He denounced his accusers, and solemnly declared his inno cence ; but the " Quarter Courte," held at Boston on the nineteenth day of September, 1637, adjudged him guilty.* He was hung at Boston September 28, 1637. "Yet there were some ministers, and others, who thought the evidence not sufficient to take away his life." f TOWN RECORDS AND TOWN OFFICERS. The records of the town of Newbury previous to the year 1637 s-^s exceedingly meagre and incomplete. Many leaves are missing from the first volume ; and on the pages that rernain votes and grants are recorded without order, and often without dates. The day of the week or month is sometimes given when figures used to designate the calen dar year are wanting. A careful inspection of these entries is necessary in order to determine, even approximately, when the recorded events took place. After the election of Edward Rawson as town clerk in 1638, the records are fuller and more comprehensive, and dates are given with more regularity and e-xactness. For many years the books containing these valuable and important records were neglected and shamefully defaced, but recently they have been repaired and rebound under the direction of the selectmen of Newbury. March 3, 1635-6, the management of local affairs in the various towns of the colony was intrusted to the freemen of the several towns by the General Court. They were autho rized to dispose of land and wood belonging to the town ; to make orders not repugnant to the lav^rs and orders established by the General Court ; to impose fines and penalties, not e.x- * Massachusetts Colony Records, vol. i., p. 203. t Winthrop's History, vol. i., p. 290. THE SETTLEMENT AT PARKER RIVER 47 ceeding twenty shillings, for disobedience of those orders ; and to choose constables, surveyors of highways, and other officers necessary for the supervision of town affairs. John Woodbridge was undoubtedly the first town clerk of Newbury ; but there is no record of his election, and his sig nature is not affixed to the votes and grants that are supposed to be in his handwriting. He was, however, legally elected to the office previous to November 30, 1636, and was super seded by Edward Rawson in 1638, as appears by the follow ing votes : — It is likewise agreed that the order made the 30'h of the 9"> mo 1636 that John Woodbridge should bee freed from all rates and pay ments while he is the towne Register, is now by his owne free consent repealed, the annuali stipend of 5^ remaining still according to former order.* Nov. 19, 1638. It was ordered that Edward Rawson shall supply the place of Mr Woodbridge & be the publicke Notary and Register for the towne of Newbury & whilst he so remains to be allowed by the towne after the rate of ^5 per annum for his paynes. * In order to avoid calling the freemen together on unimpor tant occasions, "seven men" were chosen or selected to at tend to the ordinary business affairs of the town. These "seven men," or selectmen, as they are now called, were elected quarterly, and were required to render an account of their service to the freemen of the town once in three months. "On the 8* day of the 8"^ month" [1637:'] the seven men previously elected to manage the affairs of the town made a report which was accepted and approved. It was likewise desired by the generall consent that the same persons, to witt, Edward Woodman, Jo. Woodbridge, Henry Short, Christopher Hussey, Richard Kent, Richard Browne, & Richard Knight, who were chosen by papers to perform the same service for one quarter longer & to labor in the case according to what ye Lord shall direct, to do ac cording to what is prescribed.* "The 5"" of the 11"' mo" [1637 i*] the whole body of free men met, and e.xamined the accounts of the seven men "from the 8"* of the 8* mo," and approved the same. *Town of Newbury Records, vol. i. 48 HISTORY OF NEWBURY Edward Woodman, Jo : Woodbridge, Hen : Short, Rich. Kent, Rich. Browne, William Moody & Jo : Pike, Jun. were chosen by papers & de sired to manage the towne affairs for one whole quarter & till new be chosen, & to do their endeavors according to what is prescribed.* April 6, 163S. The towne being mett together did freely consent to the acts made & registered the last quarter & the seven men we re dis charged.* On the same day, Mr Rawson, Mr Woodman, Jo : Woodbridge, Henry Short, Jo : Knight, Rich. Knight & Rich. Browne were chosen & deputed by the toivne, for one whole quarter, & till new be chosen.* July 6. 163S. It is ordered for the present that there shall bee but five men deputed to the publick manageing of the towne busynesses for this quarter ne.xt ensuing. Mr Woodman. Mr Rawson, .-Xbrah : Toppin, Rich : Browne, & John Knight were chosen for one whole quarter & till new bee chosen.* Subsequently, however, si.x and sometimes eight men were elected to manage the business affairs of the town ; but at a still later date the number was reduced to three, and the term of service lengthened from three months " to one whole yeere." The earliest records relating to constables, surveyors of highways, and lot layers are as follows : — April 19, 1638. John Knight & James Browne were chosen con stables for one whole yeere & till new bee chosen & Rich. Browne the last constable is discharged.* It was likewise ordered that the constables for the time being shall have halfe their rates abated, in consideration of their paines.* John Baker & Nicholas Holt were chosen surveyors of the high- waves for one whole yeere & till new bee chosen & Henry Shorte is dis charged.* .April 21, 163S. It is ordered that all land all ready granted shall be laid out about the midst of the next mo. May, begining the 1 6th day of the say'd mo & so continuing till it be done. And that all the seven men shall goe along with the lotters for advice.* July 23, 163S. Henry Short & Rich. Kent were released from being lott layers.* * Town of Newbury Records, vol. i. THE SETTLEMENT AT PARKER RIVER 49 The towne hath appoynted Rich. Knight & Thomas Coleman to be lott layers in then- roomes to lay out lands & to attend upon the same for any man that hath a lawful grant of land, up6n 3 days warning.* Dec. 22, 1645. Thomas Coleman having taken a farme so that he cannot attend to lay out lotts, John Pemberton was appointed lott layer in his roome and to joyne with Richard Knight and to have four pence per acre and what they are not paid for the towne is to see them satisfyed for, the legali means being first used to obtayne it. » ADMISSION OF INHABITANTS. In October [1637?], Richard Singleterry, William Palmer, John Moulton, William Easton, Thomas Moulton, Nicholas Busbee, and Abraham Toppan were received as inhabitants of the town of Newbury. Abraham Toppan being licensed by John Endicott, esqr. to live in this jurisdiction was received into the towne of Newberry as an inhabi tant thereof and hath heere promised under his hand to be subject to any lawful order, that shall be made by the towne.* Abraham Toppan. It was ordered in a lawfuU meeting November the 5* [1637] that who soeuer is admitted into the towne of Newberry as an inhabitant thereof shall have the consent & approbation of the body of the ffreemen of the sayd towne.* A written obligation, similar to the one printed above was signed by each person receiving the approbation of the free men, and entered upon the records of the town. TOWN MEETINGS. For several years after the incorporation of the town the freeholders and inhabitants were accustomed to assemble as often as once in three months for the transaction of public business, and every person entitled to vote was expected to be present at the time and place appointed. February 24, 1637-8. It was voted that Thomas Cromwell, Samuel ScuUard, John Pike, Robert Pike and Nicholas Holt, are fined two' shillings and sixpence apiece for being absent from towne meeting at eight o'clock in the morning, having due and fitt warning.* *Town of Newbury Records, vol. i. 50 HISTORY OF NEWBURY April 21, 1638. Henry Short, John Cheney, Francis Plumer, Nicho las Noyes and Nicholas Holt are fined two shillings and sixpence apiece for being absent from the towne meeting, having lawful warning. * ffrancis Plumer & Jo : Cheney having sufiicient excuse for their ab sence had their fines remitted.* Rules were adopted, providing for the prompt and orderly transaction of business ; and those who neglected or violated these rules were liable to a fine. Every freeholder speaking in town meeting was required to stand up, take off his hat, address the moderator in respectful language, and resume his seat again at the close of his speech. No one, unless ex cused by special vote, could leave the meeting until the busi ness for which it was called together was completed and the meeting adjourned. May 5, 163S. It is ordered that John Pike shall pay two shillings and sixpence for departing from the meeting without leave and contemptu ously. * Notwithstanding the fines and penalties imposed, there seems to have been considerable confusion at several subse quent meetings, which led to the adoption of the following order, July 6, 1638 : — Whereas there hath bin notice taken of much disorder in publick towne meeting by reason of divers speaking at one and the same time, some walking up and downe, sorae absent, and divers other miscarriages, it is henceforth ordered that if any person shall offend against any order prescribed in this case there shall be exact notice of such offence in this respect, and hee shall be censured accordingly.* April 27, 1648. At a general meeting of the freemen of the towne it was ordered that from henceforth from yeare to yeare the meeting for the choyse of towne officers shall be upon the first Monday in March upon publick warneing. * MEETINGS OF THE SELECTMEN. For the consideration and settlement of questions arising from the levying of taxes, the granting of house lots, the ¦* Town of Newbury Records, vol. i. THE SETTLEMENT AT PARKER RIVER . 51 building of fences, and the appointment of keepers of sheep and cattle, frequent meetings were held by the " seven men," and the votes passed or decisions agreed upon were entered upon the records and approved in the margin by a majority of those who were present, the minority, in matters of im portance, recording their dissent. Uncertainty in regard to the time when and place where these meetings were to be held occasioned considerable inconvenience, and led to the adoption of the following order, December 21 [1637?], ap proved by " Edward Woodman, Jo : Woodbridge, Hen : Short, Richard Kent, Richard Browne, and Richard Knight " : — For the better ordering of all towne affaires it is thought that certain times & places of meeting should be appoynted which may be pub lickly knowne to the end that not only those to whom the charge of towne affairs is committed may make their constant & careful attend ance but likewise that any other that hath any occasion of business with the towne may know where & when to make their desires knowne. And for the present it is agreed that there shall be a constant meeting kept (till further order be taken) every second Thursday at Henry Short's house, beginning at 8 of the clock in the morning li so to be continued as the times & seasons shall require. And for the more orderly & con siderate proceeding it was likewise ordered that what things are pro posed any one meeting day shall not ordinarily be answered till the next meeting unless in cases of some moment or in cases that require speedy answer.* TAXES. The appropriation of money, and the assessment of taxes, frequently led to prolonged controversies relating to ques tions of law and equity. In order to secure an impartial and just distribution of the burdens of taxation, the inhabitants of Newbury voted in the month of October, 1637, "That from henceforth when there is any towne rate or country rate to be made that all the men that -are deputed by the towne to manage all other publick affairs of the towne shall have a hand in it." * On the twentieth day of November following, the General Court passed the following order : — ?Town of Newbury Records, vol. i. 52 HISTORY OF NEWBURY Whereas it appeareth vnto this Court that the inhabitants of the towne of Neweberry are indebted to diverse psons neare the sume of 60^, weh hath bene expended vpon publike & needfull occations for the benefit of all such as do or shall inhabite there, as building of houses for their ministrs, and whereas such as are of the church there, are not able to beare the whole charge, & the rest of the inhabitants there do or may enjoy equall benefit thereof w'li them, yet they do refuse, against all right & justice, to contribute w'h them, it is therefore ordered, that the freemen of the said towne, or such of them as vpon publicke notice shall assemble for that end, or the greater number of them, shall raise the said suiTie of 60^, by an equall & pportionable rate of every inhabi tant there, haveing respect both to lands & other personall estate, as well of such as are absent as of those that are dwelling there psent & for default of payment shall have powr to levy the same by distres & sale thereof by such person as they shall appoint; & the same, being so collected, shall satisfy their said debts & if any remainder bee, the same to bee implied vpon other occations of the towne.* At a meeting of the inhabitants of the town of Newbury, held April 21, 163S, it was ordered That every man within the towne shall, vpon warning given or left at their houses, bring in the value of their estates to Jo : Knight, constable, on Tuesday next by eight o'clock in the morning on the penalty of 2= 64: Joseph Carter 4 Mr Sewall Senr ZV.i Nicholas Holt 7?4- Mr Clark ^S}i Mr Edward Rawson 23 Mr Cutting 16 Mr John Woodbridge 263/ Nicholas Noyes 4 Mr John Spencer 42 >< Richard Badger 2% Richard Browne 6 Richard Kent Jun 12 Stephen Dumer zx% Stephen Kent 10 3^ John Pike Jun A]i John Merrill 4 Thomas Smith ^-H John Kelly I Richard Bartlet I John Poore IX John Bartlet I John Fry I WiUiam Titcomb IK" Abel Huse 2X Nicholas Batt IX Daniel Thirston IX Robert Coker 2X the ffery lot I William White I John Goff 2 Henry Palmer IX Thomas Browne 2J^ William Palmer IX Gyles Abott I ffrancis Plumer 5 William Ilsey IK Abraham Toppan 4X .¦\nthony Somerby 'H Thomas Davis I Richard Fitts 1 Thomas Coleman IX Richard Litdehale I George Browne I .Archelaus Woodman -K Jno Pike Sen 8 Edward Woodman iy. Widdow Stevens Vi *To\vii ol N'fw bury Propri etors' Records, vol. i., p. 2. THE SETTLEMENT AT PARKER RIVER 55 Henry Lunt IX William ffrankling I James Browne II Lewis & Mattox 'X Percivall Lowle 6 M' Miller Nathaniel Wier IX John Swett John Knight 7 The Towne House I Joseph Peasley 2X Giles Badger 2 Anthony Morse 2 Edmund Greenleaf 4X William Morse IX Thomas Blumfield IX Henry Rolfe 8X Mrs Oliver II Samuel Guile I John Lowle 6X Walter Allen I Anthony Short 6X Thomas Silver I John Hutchins 1 Thomas Cromwell 6X John Cheney 2X Samuel ScuUard 7X John Stephens Z)i Richard Kent Sen 3X Richard Knight VA John Emery 2X Henry Short '4X Henry Travers I Thomas Hale iiX Thomas Dow I Mr James Noyes I4X WiUiam Ban- I Mr Thomas Parker I3X John Osgood 4 John Pemberton 'X William Moody 6X to lye at the Towns appoynt- Nathanile Badger IX mnt for them that be John Bond I schoolmasters successively 3 John Woodbridge Thomas Hale Henry Short Memorandum that March 12, 1641 the orders above written and the proportion of pasturing allowed to every one as is. above expressed were publiquely & distinctly read to the General Body of the ffreemen who generaUy by their vote did confirm the same and further w'h the consent of sd persons deputed did order as followeth : I That whosoever shall at any time transgress this order by putting any of his cattell in any or either of those comons more than is here mentioned as due to him or that he shall make sufficiently evident to have lawfully purchased or otherwise legaUy obtained from any which hath due right according as is expressed shall forfeit twenty shillings for every Beast that by the Hay ward of the Towne shall be found go ing in any of those comons and by him to be levied on the goods of every such offender by the Constable for the use of the Towne. 2 The execution of this stint is stayed till the major part of the freemen shall see cause to put it in use. 3 That no man shall under any pretense or colour whatsoever re ceive any cattell into the Tovyne or keep any mans in the Towne that 56 HISTORY OF NEWBURY hath no right in the coirion, to stock the comon so much as that the Towne should be forced to make use of the stint provided this relate not to catteU which any one shall Buy or Hyre out of the Towne for his owne necessary use & imployment. A large tract of land was also set apart for the pasturage of sheep. Keepers were appointed to look after the cattle and sheep, and enforce the rule made and adopted for the "stinting of the commons." Nicholas Batt, who came to New England in the ship "James" from Southampton in April, 1635, was keeper of the herd of cows from March 16 to November 16, 1638, at a salary of £,i'&, "to be paid partly in money and partly in corn at 4' 6^ per bushel provided he is to keepe them but one Lord's day & the towne two," * and William Morse, who was also a passenger in the same ship, was keeper of the herd of sheep and goats. LAWS AND ORDINANCES. March 12, 1637-8, the General Court ordered the freemen of every town to make a list of laws necessary for the protec tion of life and property in the colony of Massachusetts Bay, and send a copy of the same to the governor and council, to be presented to the General Court for approval or rejection, "as the Court shall adjudge." f April 6, 1638 Mr Rawson & Jo: Woodbridge were deputed by the towne to labour to compile a body of laws & present them to the towne that they may be presented to the Governmt according to order of Court, t The General Court also provided, March 3, 1635-6, that any person building a house, without permission, in any town in the colony, "the inhabitants of the said towne shall have power to demolishe the said howses & remove the p'sons." * The following order, adopted and approved August 6, 1638, by Edward Woodman, Edward Rawson, John Knight, and Richard Brown, in their official capacity as executive officers ^Town of Newbury Records, vol. i. t Massachusetts Colony Records, vol. i., p. i68. +Ibid., vol. i., p. zii. THE SETTLEMENT AT PARKER RIVER 57 of the town, seems to indicate that the provisions of this law were partially, if not rigorously, enforced within the limits of Newbury : — It was agreed that Edward Rawson Rich. Browne & John Knight shall goe and, according to former agreement which the towne had with Thomas CromweU, take possession of the half acker whereon he hath builded a cowe house without their leave.* March 9, 1636—7, the General Court ordered, as a precau tionary measure against danger from the attacks of Indians, " that the military officers in every towne shall pvide that watches bee dewly kept in places most fit for comon saf etie," and at the same court Mr. John Spencer was appointed captain for the town of Newbury, f At a meeting held by the freemen of Newbury subsequently to the adoption of this order, the following vote was passed : — Itt is agreed and appoynted that there shall be a walk of sixteen foott broad on the topp of the great hill from one end to the other and a way to great point of fower foott broad through Stephen Kent his lott.* It is uncertain when this walk " on the topp of the great hill " was decided upon, as neither the day of the month nor of the year is given in the record above quoted. But the location was well chosen, and gave to the sentinels on duty there a broad and extended view of the surrounding country. Tradition asserts that the walk ran in an easterly and westerly direction on the crest of the hill, while the "fower foott " way extended from the summit in a southerly direction to the open field or common land, now known as the " Lower Green." At or about the time that these precautionary meas ures were taken and sentinels were stationed on the top of Great hill, the freeholders of Newbury, in town meeting assembled, " ordered that M' Woodman shall have a house lott between M"" Rawson's & the River Provided that if there be a fort built by the water side heere after that, then his lott shall give way."* There was evidently an effort made at that time to build a •Town of Newbury Records, vol. i. t Massachusetts Colony Records, vol. i., pp. igo, igi. 58 HISTORY OF NEWBURY fortification of some kind on the banks of the river Parker to protect the approach to the settlement by water ; but the fort was probably never built. BIRTHS, DEATHS, AND MARRIAGES. December 10, 1641, the General Court "ordered that in every towne one shal bee appointed to grant sumons & attachments in all civil cases" and "to bee clarks of the writtes." * " M"' Lowle" was appointed for the town of Newbury. June 14, 1642, the clerks of writs were ordered "to find out in their several towns who hath bene borne & who hath died since the first founding of their townes & to record the same." f March 7, 1643/4, certificates of births, deaths, and mar riages in every family in the colony were ordered to be brought " to the clarks of the writtes " from month to month and year to year, to be by them recorded. J October 27, 1647, the General Court appointed "Anthony Somersby to be clarke of the writs at Newberry & to record births, deaths & marriages in place of John Lowle de ceased." § Apparently, no effort was made to collect and record the names of those who were born or who had died in Newbury until after the adoption of the order passed June 14, 1642, directing the " Clarke of the writs " to attend to that duty. It is therefore impossible to state with certainty whether Mary Brown, Joshua Woodman, or Shubael Dummer, was the first white child born in the town.|| A written statement, evidently prepared for Samuel Sewall, chief justice of the province of Massachusetts, now in the possession of the New England Historic Genealogical Society, claims that Shubael Dummer is entitled to that honor. The statement is as follows : — * Massachusetts Colony Records, vol. i., p. 344. t Ibid., vol. ii.. p. 13. X Ibid., vol. ii., p. 59. § Massadiusetts Colony Records, vol. ii., p. ig8. John LoweU died June 29, 1647. 1] See Coffin's History, pp. 19. :i ; also " Ould Newbury," pp. 23, 297. THE SETTLEMENT AT PARKER RIVER 59 Newbury Aprill ye 2d 171 7 Thre persons claim ye right of ye first bom in this Towne, viz : — Joshua Woodman, Caleb Moody & ye wife of Peter Godfre, these being not to be found in ye Record : it must be given to Mr Shubael Dummer, as appears by ye following account. . A Record of ye Births of ChUdren bom in Newbury — in ye County of Essex ; in ye Province of ye Massachusetts Bay in New England Ano. Dom: 1635 — 1635 Shubael ye son of Mr Richard Duiner bora february 1 7'1> 1636 Elizabeth Holt ye daughter of Nicholas Holt was born Mar. 30th* THE BURYING GROUND. " In that parceU of land called the [meeting house] greene." The burying-ground was evidently near the meeting-house, on a lot of land " called the greene," of which twenty rods were reserved when the remainder was "sold to Mr. John Emery in 1647.! A few weather-worn and dilapidated * New England Genealogical Register, October, 1S80, p. 390. t Town of Newbury Records, vol. i. John Emery sold to his son Jonathan Emery, April 9, 1679, one-half the land conveyed to him by the town of Newbury. (Essex Deeds, Ipswich Series, vol. iv., p. 246.) February 4, 1728-9, Jonathan Emery sold to William and Richard Dole about seventeen and one-half acres of land, " excepting and Reserving the Twenty Rods of land reserved for a Bu^^'ino¦ place formerly laying within the Bounds of said Tenement or Tract of land for the End for which it was proposed by the Town of Newbury." (Essex Deeds, vol. liv., p. 66.) March 21, 1728-9, William Dole conveyed one-half this estate to Joseph Ilsley. (Essex Deeds, 6o HISTORY OF NEWBURY gravestones mark the place where some of the first settlers of Newbury were buried. The record of deaths and marriages previous to 1645 is very imperfect. It was kept by John Lowle, clerk of the writs. The first death where the name and date are given in full is that of John Kent, son of John Kent, who " dyed ye 7* of February 1641." The earliest marriage recorded is that of "Christopher Bartlet to Mary April 17, 1645." Commissioners or magistrates, appointed by the General Court, were authorized to join persons in marriage in New bury, but nowhere in the colony were ministers granted or allowed that privilege. June 14, 1642 Mr WiUiam BeUingham was appointed to see Mar riages solemnized at Rowley ^ Neweberry & to keepe record thereof* Nov 4, 1646 The Co''te hath granted comission to M^ Edwd Rawson to see people joine in Marriage in Newberry dury the pleasure of the Ccte f Oct. 14, 1651 In answer to the petition of the towne of Newberry Capt William Gerrish is hereby authorized to marry such there as shall be legally published.^ May 14, 1656 It is ordered, by this court, that from henceforth any one of the three coinissionrs for the endinge small causes in the severall townes where no magistrate dwells shall be & hereby are authorized &. empowered to solemnize Marriage betweene p'tyes legaUy published, p'vided two of the sd commissionrs be p'sent & all other cofnissions in this case are hereby made voyd § Two years later the above order was modified, and the county courts were authorized to appoint one of the three commissioners for small causes in any town, and allow him to officiate at marriage ceremonies, even though the other commissioners were not present. || September 28, 1658 Mr Edward Woodman of Newbury allowed to marn,- and to take oaths in civill cases H vol. liii.. p. 5S.) April 9, 1729, the land was divided, and in 1793 the heirs of Joseph Ilsley deceased, conveyed to Paul Ilsley their right, title, and interest in the property. (Essex Deeds, vol. clvii., p. 204.) The land "surrounding the burying place" is now owned by Mrs. Joseph Ilsley. • Massachusetts Colony Records, vol. ii., p. 14. t Ibid., vol. ii., p. t66. X Ibid., vol. iv., part i., p. 65. § Ibid., vol. iv., part i., p. 255. li Ibid., vol. iv., part i., p. 322. IF Ipswich Court Records, Bock I., p. 60. THE SETTLEMENT AT PARKER RIVER 6 1 For more than twenty-five years this order continued in force, and appointments were annually made by the county courts at Ipswich and Salem. June 4, 1685, however, the General Court, in answer to a motion made by Richard Bart lett, who was then a deputy from Newbury, appointed Mr. John Woodbridge " to administer oaths & joyne persons in marriage there who desire it being published according to lawe." * December 24, 1690, the General Court appointed .... Mr. John Woodbridge and Capt Daniel Pierce of Newbury to join Persons together in marriage in that Town according to the Direc tion of ye Laws in that behalf made.f Under the laws of the Province of Massachusetts Bay, established after the charter of the colony had been annulled, justices of the peace in the counties where they resided, and ministers in the towns where they were settled, were authorized to unite in marriage "any two persons legally published. " % The privilege granted to ministers was enlarged December I, 1 7 16; and they were allowed to officiate at weddings be yond the limits of the towns in which they were settled, pro vided certain rules and regulations were comphed with.§ MEETING-HOUSE. The first building erected within the limits of Newbury dedicated to the worship of God was probably begun soon after the organization of the church in the summer of 1635, but it was not wholly completed until September or October, 1638. Services, however, were held in the unfinished struct ure, and a special tax was levied upon the freeholders of the town, on or before October, 1637, for the support of public worship. The earliest votes and orders relating to the as sessment and collection of this tax are as follows : — » Massachusetts Colony Records, vol. v., p. 483. t Massachusetts Archives, vol. xxxvi., p. 260. X Province Laws, vol. i., p. 6i. § Ibid., vol. ii., p. 60. 62 HISTORY OF NEWBURY It is agreed that all the moneys, goods or chattells that shall bee gathered or distrained for the rate of the meeting house shall bee dehv ered into the hands of Jo : Woodbridge who shall receive all & pay all & give up account to the towne when they caU for it.* Dec. 1 1, [1637.'] It is ordered that the meeting house rate shall bee gathered at two several & distinct payments the one presently, the other when the towne sees necessary use of it and requires it. * January 18, 1637-8 It is ordered that Richard Knight, James Browne. & Nicholas Holt shall gather up the first payment of the meet ing house rate & the towne rate within one fourteenight on the penalty of 6s 8d a piece." * March 9, 1636-7, the General Court enacted a law requiring every able-bodied man above eighteen years of age to attend meeting on the Lord's Day " with their musketts, or other peeces fit for servise, furnished w"' match, powder, & bullets, vpon paine of 12"^ for every default."! This law was re pealed May 2, 1638, except the clause "about carrying armes to the meeting house, " which was referred to the inhabitants of the several towns in the colony to take such action as they might deem advisable. In the month of June, 1638, all the able-bodied men of Newbury were enrolled and formed into four companies, under the command of John Pike, Nicholas Holt, John Baker, and Edmund Greenleafe. They were re quired "to bring their armes compleat one Sabbath day in a month and the lecture day following," and " stand sentinell at the doores all the time of the publick meeting." \ At a legal meeting held September 4, 1638, the free holders of the town ordered . . . that a rate of twenty-eight pounds shall be made speedily and gathered within one fourteenight for the finishing of the raeeting house. * The towne appoynted M"- Woodman & Ed : Rawson to make this rate. The towne appoynted the Constables to gather this rate. The towne hath appoynted Henry Short & Rich: Kent to receive this rate &: survey the worke.* * Town of Newbury Records, vol. i. t Massachusetts Colony Records, vol. i., p. 190. + Coffin's History of Newbury, pp. 26, 27. 07 64 HISTORY OF NEWBURY LAND GRANTS. For more than fifty years after the incorporation of the town of Newbury, all votes and orders relating to the grafit- ing of land or the management of town affairs by the free men and freeholders were recorded in a book also used by the " seven men " for a similar purpose. After the election of Henry Short as town clerk, March 20, 1685-6, the grants made before and after that date were copied into a separate volume, called the " Proprietors' Book," which is still in a good state of preservation. Most of the early grants consisted of house lots and planting lots of about four acres, each located in the immediate vicinity of Ouascacunquen, now Parker river. A few large farms, however, several miles away from the meeting-house, were granted to men of wealth and influence who resided in the town. In 1635 a large tract of land "at the Falls," now Byfield Parish, was laid out to Richard Dummer by order of the General Court ; and the next year the freeholders of Newbury made an allotment of five hundred acres in the same neighborhood to Henry Sewall, sr. Other grants, of considerable magnitude, re corded previous to 1645, ^^s as follows : — To Mr John Cutting ¦• a ffarme of two hundred acres be it more or less of upland & meadow as it is laid out in length sixteen score rods & in breadth fifty rods, bounded by the falls River South, the comon on the north, M' Greenleaf west & Thomas Coleman on the east." * To James Browne '• a fEarme of one hundred and fifty acres of upland and meadow, be it more or less, bounded by several marked trees, by the comon round."' * The location of the last grant is somewhat uncertain. It was evidently surrounded on all sides by common, or undi vided, land. In 1655, it vvas sold to Hugh March, and was then bounded, in part, by the " birchen meadow." There was Granted to Mr Stephen Duiner three hundred acres of upland & meadow at Turkey Hill, that is sixty acres df meadow joyn- ing to the Hill and two hundred & forty acres of upland to enjoy to him & his heyrs forever.f *Town of Newbury Proprietors' Records, pp. 20, 29, 36. t Ibid., p. 18. THE SETTLEMENT AT PARKER RIVER 65 Laid out to Thomas Browne & George Little in the behalfe of Mr Stephen Dumer two hundred and forty acres of upland at Turkey Hill, joyning to Mr Stephen Dumers meadow called by the name of Birchen Meadow.* To Richard Kent, jr., " A ffarme lott of one hundred acres of upland and meadow on an Island over the Little River and about it, be it more or less," and several other lots of upland and marsh, making in all about two hundred and forty-eight acres, granted February 7, 1646-7, "at a meeting of y= 8 men deputed to order the Towne Affairs," and de scribed as follows : — . . . bounded w'h ye great River on ye South & SoutTi West, w'h a creeke [issuing] out of ye greate River northward & ye little River on ye East & a creeke issuing out of ye said little River Running West ward meeting ye other Creeke y' Issued out of ye greate River wthjn thirty Rods & so making an Iland.f There is a farm of 200 acres granted to Mr Edward Rawson [both] of up land and meadow [at] the birchen mead [ow] the whole parceU of meadow there to be divided into three equaU portions, Mr Rawson to take his choice.^ On the twenty-second day of December, 1637 (.'), the fol lowing vote was adopted by the freeholders of the town : — It is likewise agreed that Jo : Woodbridge shall have an hundred and fifty acres lying to the northward of Mr Spencers farme, on the right hand of the ridge going to Merrimack & fifty acres of fresh & salt marish to be added more vnto it, in some convenient place, neere adjoyn- ing, to be layd out according to the townes disposing & this instead of his 200 acres formerly granted at the great hill on the south side of the river, to enjoy to him & his heires for ever.§ This grant was subsequently laid out to Mr. Woodbridge, as appears from the following record : — One hundred and fifty acres of upland as it is laid out, be it more or * Proprietors' Records, p. i8. May 10, 164S, Mr. Stephen Dummer, then in England, wrote ¦' to his very loving friend, Henry Short, living at Newbury," instructing him to sell the farm at birchen Meadow. (See Ipswich Deeds, vol. iii., p. 256 (193).) t Town of Newbury Records, vol. i. ; also, Proprietors' Records, p. 16. J Tliis grant was made February 24, 1637. For additional grants to Edward Rawson see "Ould Newbury," pp. 50, 51. § Town of Newbury Records, vol. i. 66 HISTORY OF NEWBURY less, Bounded by Mr Spencers on the South, John Pike senior and John Moulton on the north, the coinon on the west and the Great Street Joyn ing to Merrimack River on the East.* In 1636, probably, the freeholders granted to Mr. John Spencer ... a ffarme of four hundred acres of upland & meadow, be it more or less, bounded by Mr Woodbridge on the north, Mr Parker on the south, the street of eight rods in breadth next Merrimack River on the east, and the coirion on the west, and two hundred & fifty acres, be it more less, lying on the left hand of Merrimack Ridge in breadth of the breadth of that on the right hand of the ridge, in length six Score Rods. October 20, 1637, ]Mr. Spencer was granted a mill lot of fifty acres "at Newbury falls," and November 20, 1637, he was condemned and disarmed, by order of the General Court, for holding erroneous religious opinions. On the eleventh day of December following, Edward Woodman, John Wood- bridge, Henry Short, Richard Kent, Richard Browne, and Richard Knight, having the care and management of town affairs, gave their assent and approval to the following order : — . . . fforasmuch as it appeared vnto us on sufficient grounds & evident testimony that Mr John Spenser notwithstanding his intention and reso lution to Hue away from us & so to deprive us of his usuall helpe & counsall in managing & ordering or greatest & weightiest affaires yet did so secretly carry things that he gott a promise of the towne of farther enlargement wee thought fit therefore to make this publick dec laration of or minds & intention in the case that wee judge according to our best light & understanding that he hath no right nor just claime to any more land but what hath been formerly layd out confirmed & the bounds thereof entered into the towne book, seeing that hee desired it in relation to the service which he had & was likely still to doe for the towne & the townes promise was on such [ ] condi tion which they are defeated off. The present order [ ] there fore doth declare that the ground lying to the northward of Mr Spensers farme (the bounds whereof are already entered into the book) is at the townes disposing to be given to whom they see fitt & convenient.! Subsequently this order was rescinded ; and, September 4, 1 63 8, Edward Woodman, Abraham Toppan, Richard ^ Proprietors' Records, p. ii. tTown of Newbury Records, vol. i. THE SETTLEMENT AT PARKER RIVER 67 Browne, and John Knight, in behalf of the town, signed the following agreement : — It is agreed that the lotters shall lay out 150 acres of upland & meadow to Mr Spenser on the north side of his farme lying in manner & order as his farme doth that is allready layd out & 1 50 acres of land lying next Mr Spensers on the right hand of the ridge to John Wood- bridge, according to former order, to enjoy to them & theirs for euer.» A farme granted to Mr Clarke of 400 acres next to Mr SewaUs : The bounds of Mr Clarke his fairme begin at the mouth of Carte creeke thence running easterly ten score rodd abutting on the Mayne river toward the South & thence it runs up sixteene score rodds into the country upon a line north & by west to two birchen trees marked, stand ing on a banke of rocks, thence it runs in a straight line westerly tenn score rodd to a marked tree on a mount & thence in a straight line east & by South to the mouth of Cart creeke againe, taking in all the meadow on the east side of the Pine Swamp. the 23rd of the 11 A mo. 1637. Edward Wood.man Henry Short Richard Browne Richard Kent John' Woodbridge Richard Knight Memoranda: This writing was recorded for Mr John Clarke now of Ipswich, late of Newbury, 8* day of March, 1647.! The towne being desired to express themselves whether they were wiUing that Mr Bacheler & Mr Hussy should take the land at ye new meadow lately given to Mr Woodman & Mr Rawson upon their willing resignation of the same & the towne would promise them satisfaction, the towne did generally express themselves willing to both & Hen : Short & Wm : Moody were joyned to the three of the former five to manage the towne busynesse to judge & determine what shall satisfy the sayd Mr Woodman & Mr Rawson for [what loss ] & the land henceforth to remaine as the proper right & inheritance of the sayd Mr [Stephen] Bacheler & Mr [Christopher] Hussey.* * To^vn of Newbury Records, vol. i. t Ipswich Deeds, vol. i., p. 37 (126). Dr. John Clark was an eminent physician. He came to Newbury in 1637, removed to Ipswich in 1647, and two or three years later purchased a dwell ing-house in Boston, where he resided until his death in the month of January, 1664-5. At a gen eral town raeeting held in Newbury, September 28, 163S, " It was granted that Mr Clarke in respect of his calling should be freed and exempted from all publick rates either for the country or the towne so long as he shall remayne with us and exer cise his calling among us." December i, 1651. " John Clarke of Boston, Chirurgeon. & Mardia his wife, in considera tion of the house they now accupy in Boston and a certain lot of land adjoining," convey to Mat thew Chaffey of Boston, shipwright, the farm of four hundred acres at Cart Creeke in Newbury (Ipswich Deeds, vol. i., p. 99 (294), and the same day Matthew Chaffey of Boston and Sarah, his wife, sold the farm " with the housings and buildings thereon" to Richard Thorlay of New bury. (Ipswich Deeds, vol. i., p. 100 (297).) 68 HISTORY OF NEWBURY SALISBURY. September 6, 1638, the General Court granted Simon Bradstreet and Capt. Daniel Dennison, of Ipswich, John Clarke and Christopher Batt, of Newbury, and others, liberty "to begin a plantation at Merrimack." A location on the north side of the Merrimack river was selected early in the spring of 1639, and house lots were laid out and assigned to /'the new settlers. Christopher Batt, John San ders, Robert Pike, Thomas Maey, Richard Singletary, and Anthony Sadler, of Newbury, received grants of land " in the first division." September 4, 1639, the General Court ordered that the " plantation beyond Merrimack shalbee called Colechester " ; * and October 7, 1640, the governor, with the consent of the Court of Assistants and House of Deputies, declared that " Colechester is henceforward to bee called Salsbury." f The new name was probably suggested by Christopher Batt, who came from Salisbury, England, with his wife Anne, and five children under ten years of age, in the ship "Bevis," in the month of May, 1638. J ROWLEY. In the spring of 1639, Rev. Ezekiel Rogers, with a com pany of about twenty families from Yorkshire, England, was allowed to begin a new settlement between Ipswich and New bury. From the records of the General Court under date of March 13, 1638-9, it appears that " M"^ Ezechi : Rogers, M"" John Philips & their Company had granted them 8 miles e\er}- way into the Countrey, where it may not trench vpon other plantations already setled." § Several farms that had been granted by the General Court to various individuals in Ipswich and Newbury were pur chased, for the better accommodation of the new settlement, ^ .Massachusetts Colony Records, vol. i., p. 271. t Ibid., vol. i., p. 305. J Drake's " Founders of New England," p. 60. § M.is:achu^etti Colony Records, vol. i., p. 253. THE SETTLEMENT AT PARKER RIVER 69 by the payment of nearly eight hundred pounds ; * and the freemen of Newbury voted that the Rev. Ezekiel Rogers and his company should have undisturbed possession of all the common and undivided lands within certain specified limits, as follows : — The towne being assembled together and being desirous to manifest theyr earnest desires and wiUingness to give dueincouredgment unto the worthy gentlemen who desire to set down between us and Ipswich as to part with such a portion of land as cannot any way be expected from them, or may without endangering their present necessityes afford. Hoping on good grounds it may fully answer their desires and expecta tions they have determined as followeth : By the common and general suffrages of the body of freemen, none excepted, there was granted to the said gentilmen all the upland and meadow and marish between us and Ipswich incompassed by the line heer underwritten, namely : That their line shall begin from the head of the great Creek between the neck over the great river and Mr. Dummers, running due west as we come to the great Creek, being the bounds of John Osgoods farm, which issues into Mr Eastons river and above that creek all the lands south ward of Mr. Eastons river, and from that river from the path leading to the falls to run a due west line into the country a mile, and afterwards to run on a north west line so as it come not within half a mile of the side line of Mr. Dummers farm. Likewise it comes two miles distant of Merrimack. Provided that if after they have entered by buildings or otherwise on this part of land granted to them and leave off from going on with a plantation or a towne between us, that then the grants above- said shaU be void to all intents and purposes and to remaine the pro- prietyes and inheritances of the towne of Newbury in as ample a manner as before the grant hereof in all respects. f September 4, 1639, the General Court ordered that "Mr Ezechi : Rogers plantation shalbee called Rowley." % May 13, 1640, the company was released from the pay ment of taxes for two years " because of their great losse & charge by purchasing of land & hindrance of planting the last yeare." § November 13, 1655, ^^ General Court, "with the consent of the deputy of Rowley and Capt Gerrish and M' Wood- * Winthrop's History, vol. i.j p. 354. t Proprietors' Records, pp. 7, 8 ; Coffin's History of Newbury, p. 29. X Massachusetts Colony Records, vol. i., p. 271. § Ibid., vol. i., p. 2S9. 70 HISTORY OF NEWBURY man of Newbury," appointed a committee to consider and determine where the division line between the two towns should run. May 14, 1656, the committee agreed upon a line, beginning at a white oak-tree standing upon the north west side of Easton's river, and thence running westerly one mile to a heap of stones " laid there according to the courts order," and thence in a northwesterly direction to the Merrimack river. * Subsequently the General Court confirmed and established this division line, although an attempt was made to modify it, as stated in the ne,xt chapter. H.A.VERHILL. March 13, 1640, a petition was presented to the General Court for liberty to begin another plantation on the Merri mack river. In answer to this petition, the General Court voted that The desires of Mr Ward & Newbury men is comitted to the Gov- enor, Deputy Governor, & Mr Winthrope, Senior, to consider of Pa- tucket & Coijchawick (now .¦Andover) & grant it them, p'vided they re- turne answer wth in three weeks fro the 21th psent, & that they buUd there before the next Courte. t Pentucket was selected as the most convenient place for the new settlement; and, June 2, 1641, the General Court passed the following order : — Mr John Woodbridge, Matthewe Boyse, John Crosse & George Git- tings they 4, or any 3 of them, are appointed to set out the bounds be tween Salsbery & Pantucket. aii : HavereU. They are to determine the bounds w^h .Mr Ward & his company are to inioy as a towne or village if they have 6 houses up by the next Genrall Court in the S'h mo.± Although the Rev. Nathaniel Ward, of Ipswich, author of "The Simple Cobbler of Agawam," was active and earnest in his efforts to organize a company for the settlement at Pen tucket, he did not remove there ; but his son, the Rev. John ^ Mnssachu.setts Colony Records, vol. iv., part i., pp. 249, 263. tIbid., vol. i., p. 290. X Ibid., vol. i., p. 319. THE SETTLEMENT AT PARKER RIVER 71 Ward, who was born in Haverhill, Essex county, England, was evidently one of the most zealous supporters of the en terprise, and ultimately became prominent as pastor of the first church in the town, named " Haverhill," in honor of his birthplace. Among the men who were associated with the Rev. Mr. Ward in organizing the new settlement were William White, Samuel Gile, James Davis, Henry Palmer, John Rob inson, Christopher Hussey, John Williams, and Richard Little- hale, of Newbury.* Tristram Coffin also resided there for several years, and his name appears as witness to a deed, dated November 15, 1642, conveying to the inhabitants of the town all the land within its limits belonging to the Indian chieftains Passaquo and Saggattew. Mr. Coffin was licensed, May 26, 1647, to keep an ordinary, and also to keep a ferry over Merrimack river in connection with Mr. George Carr. He probably removed to Newbury about the time his license was granted by the General Court. PUBLIC HOUSES. March 4, 1634-5 the General Court ordered . . . that noe pson whatsoeuer shall keepe a comon victualing howse, without licence from the Court, vnder the penalty of XXs a weeke.f September 3, 1635, Francis Plumer, who came to New bury soon after the incorporation of the town, was licensed "to keep an ordinary''; June 6, 1637, John Knight, of "Newebery," was granted liberty "to keepe an ordinary and give intertainment to such as neede " ; and, May 22, 1639, " Edmond Greenl)^ of Newberry " was permitted " to keepe a house of intertainment." In order to provide for the accommodation of strangers on special occasions, the law relating to the keeping of ordinaries was modified November 5, 1639, ^s follows: — In regard of the greate inconvenience that is found for want of fit places of intertainment of people vpon occasion of great assembUes, & arrivaU of ships wth passengers, it is declared, that vpon such occasions, » Coffin's History of Newbury, p. 33. t Massachusetts Colony Records, vol. i., p. 140. 72 HISTORY OF NEWBURY it is lawfuU for any person, in any towne where such great resort of people shall happen to bee, to give intertainement to such people & to affoard them lodging &; dyot at reasonable rates, though they bee not allowed to kepe coinon ordinaries &c.* May 14, 1 64s, the General Court ordered . . . yt no raan shal be alowed to keepe publicke houses of intertain m for strangrs or travellers, nor shall any one be a coinon victualler, in- keeper, or keeper of a cookes shop, vintner, taverner, or public seller of wine, ale, beare, strong water, wthout alowance in some Qrtr Cort in y= sheire where such do dwell, upon paine of forfeiture of 20s p week while they continue wthout ye said licence ; nor shall any such pson as have publicke houses of intrtainmt & have licence, sell beare for above 2d an ale qrt: &c.t While this law was in force, Tristram Coffin, sr., peti tioned the General Court for liberty to keep an ordinary, and also a ferry on the Newbury side of Merrimack river. His petition was granted May 26, 1647 ! ^"^^ the same day the General Court ordered, that " henceforth all such as are to keepe houses of cofiion intertainm' & to retaile wine, beere &c" shall apply for license to the courts of the shire in which they live in order that the time of the deputies may be devoted to matters of more importance, t SALE OF WIXE, BEER, AND OTHER LIQUORS. In 1637, the keepers of ordinaries were not allowed "to sell either sack or strong water," § and could make or keep in their houses only a mild kind of wine or beer : — Provided that it may bee lawfuU for any such inkeeper or victualler to have in their houses some small quantity of strong water for their owne private & necessary use.|| March 12, 1637-8, the law imposing a duty on wine and strong water imported into the colony from beyond the sea was repealed ; " & it is ordered, that every town shall p'sent * Massachusetts Colony Records, vol. i., p. 279. t Ibid., vol. ii,, p. too. I Ibid., vol. ii., pp. 188, 194. For additional particulars relating to inns and taverns, see " Ouid Ncwbur}-," pp. 108, 109, i75-iSS, 493-507. § Ibid., vol. i,, p. 205. II Ibid., vol. i.,p. 214. THE SETTLEMENT AT PARKER RIVER 73 a man to bee alowed to sell wine & strong water made in the country & no other strong water is to be sould. " * Edward Woodman was appointed by the General Court agent for the sale of spirituous liquors in Newbury, and con tinued to hold that office for several years. November 1 3, 1 644, the law was again changed, and licenses were granted to various individuals in the colony " to draw wine " upon the payment of a tax to be assessed and collected in proportion to the number of gallons sold.f In order to secure the en forcement of this law, these taxes or license fees were sold to Edward Rawson for a stated sum ; and the govem ment was relieved of all further trouble and expense in regard to them. The following agreement was recorded November 13, 1644: — Mr Edward Rawson hath hired to farme ye rent due for wine drawn in ye countrey for 107^ los for a yeare.J May 6, 1646, the General Court ordered . . . that Mr Rawson ye officer appointed to receive ye custome of wine ye last yeare, shalbe alowed one fourth part of what is due to ye country on that ordr, in satisfaction of his charge & expense of time expended on ye p'secuting of that order, he giving ye auditor genrall an account there of yt so he may p'cure it in to defray ye country charges. § In 1652, the law regulating the sale of wine and beer was again amended, and after that date the excise duties were sold for a term of five years to the highest bidder. J COCHICHAWICK (ANDOVER). March 4, 1634-5, the General Court ordered . . that the land aboute Cochichowicke shalbe reserved for an inland plantac'on & that whosoever will goe to inhabite there shall have three .yeares iinunity from all taxes, levyes, publique charges &l services what soever (military dissipline onely excepted) John Winthrop, Rich : BeU ingham & Milton Coddington, Esq. are chosen a Coinittee to licence * Massachusetts Colony Records, vol. i., p. 221. t Ibid., vol. ii., p. 82. + Ibid., vol. ii., p. 87. § Ibid., vol. ii., p. 150. II Ibid., vol. iv., part i., p. in. 74 HISTORY OF NEWBURY any that they thinke meete to inhabite there, & that it shalbe lawfull for noe peson to goe thither without their consent, or the Major pte of them.* May 13, 1640, the magistrates and deputies of the General Court voted that The desires of Mr Ward & Newberry Men is comitted to the Governor, Deputy Governor & Mr Winthrope, Senior, to consider of Pa tucket & Coijchawick & to grant it them, p'vided they returne answer wthin three weeks fro the 21th p'sent & that they build there before the nexte courte. f The Rev. John Woodbridge, in a letter to " Hon. John Winthrop, Sen. Esq.," dated " Newberry this 22"^ of i mo 1640" (March 22, 1 640-1), says, " Some of us have desired to plant at Quichichwick & accordingly notwithstanding all the oppositions and discouragements that wee have had, having viewed the place since ye court, were intending this spring to have built there " ; but have been prevented by the claim of the Rev. Ezekiel Rogers that a portion of that territory should be granted the town of Rowley. A number of families were ready to remove to the new settlement. " And the reason why I desire your speedy advice is because some of 0' company have sold themselves out of house and home & so desire to bee settled as soone as may be."t Satisfactory arrangements were made during 1641 or 1642 with the Rev. Mr. Woodbridge and his friends ; and May 10, 1643, when the county of Essex was formed, " Cochichwicke " was one of the towns named in the act of incorporation. § In October, 1645, the Rev. John Woodbridge was ordained minister of the new town. At a General Court held in Boston, May 6, 1646, Cutshamache Sagamor of ye .Massachusetts came into ye Corte & acknowledged yt for the sum of £(1, & a Coat which he had already re- ** Massachusetts Colony Records, vol. i., p. 141. t Ibid., vol. i., p. 290. t Massachusetts Historical Society- Collections, Fifth Series, vol. i., p. 317. §The General Court ordered, May 10. 1643, that the colony of Massachusetts Bay should be divided into four shires, or counties ; namely, Middlese.x, Suffolk, Esse.x, and Norfolk. The followiiiji-named towns composed the count}' of Essex: — Salem Ipswich Glocester I-inn Rowley Cochichawick (Andover) Enon (Wenlum) Newberry — Massachusetts Colony Records, vol. ii., p. 38. THE SETTLEMENT AT PARKER RIVER 75 ceived he had sold to Mr. John Woodbridge in behalfe of ye inhabit ants of Cochichawicke now called Andover all his right, interest & privilege in ye land 6 miles southward from ye towne, two miles eastward to Rowley bounds be ye same more or lesse, and northward to Merri mack river &c.* Among the Newbury meri who accompanied the Rev. Mr. Woodbridge to Cochichawicke, and settled there, were John Osgood, Joseph Parker, John Stevens, Nicholas Holt, Benja min Woodbridge, John Frye, Nathan Parker, John Aslett, William Ballard, and John Russ, sr. GUNPOWDER. June 6, 1639, the General Court authorized the importa tion of a quantity of saltpetre for the purpose of aiding and encouraging the manufacture of gunpowder in the colony. It is evident, from a careful perusal of the following votes and orders, that arrangements had been made with Edward Raw- son to begin the manufacture as soon as the materials could be supplied. Mr Peters is desired to write to Holland for ^500 worth of peter & 40^ worth of match, & to give order vpon the receit of the salt peter & match heare in good condition, to charge bylls vpon the Governor & the country doth p'mise to save the Govrnor harmelesse f It was ordered, that if the salt peter come not, Mr Rawson shal bee considered according to such damage as hee shall sustaine.J: Mr Edward Rawson is granted 500 acres, at Pecoit, so as hee go on wth the business of powder, if the salt peter come.§ Mr. Rawson brought with him to Newbury, in 1636 or 1637, a servant named Richard Crane, who was evidently familiar with the process of making gunpowder. A letter dated Steaston, England, March 15, 1638-9, from Dorothy Crane " To Hir very loveinge husband Richard Crane, servant to M'' Edward Rawson, at his house at Newberry," will be found among the " Winthrop Papers "; || and also a letter from 'Massachusetts Colony Records, vol. iii., p. 73. t Ibid., vol. i., p. 2S9. J Ibid., vol. i., p. 260. §Ibid., vol. i., p. 263. II Massachusetts Historical Society Collections, Fifth Series, vol. i., p. 87. 76 HISTORY OF NEWBURY Richard Crane to Governor Winthrop, dated May 9, 1640, containing the following statement : — My master intended to imploy mee to make powder. I am sorry I could not have materials whereby to improve my skill for the good of the land.* Subsequently, efforts were made to procure a supply of saltpetre from domestic sources. June 14, 1642, an order was adopted by the General Court requiring every town in the colony to provide a suitable house for the making of salt petre,! and September 27, 1642, this order was amended; and the selectmen of every town were required to see that every householder, or every two or three householders joined together, should provide " for the breeding of salt peeter in some out house for poultry, or the like," \ the annual prod uct to be delivered to the agents of the colony and paid for at a reasonable price. Mr. Edmund Greenleaf was appointed superintendent of the business for the town of Newbury. October 27, 164S "The Corte haveing taken into their serious con- sidration the great forwardness & readiness of Mr Edwd Rawson to ad vance so hopefuU a designe as the makeing of salt peter wthin this juris diction, who for that end & purpose hath disbursed certain monyes to his great losse & damage p"sented to us at large in his petition delivred into this p'sent corte, have therefore, in consideration of the p'mises, & answere to his said petition, given & granted to him & his heires 500 ac of land at Pequot, to be layd out by the appointmt of the Corte as also five pounds to be paid him out of the treasury." § May 2, 1649 Mr Edwd Rawson haveing resigned up his 500 acres of land formrly granted him in p"t of recompence of his damage sustained about ye salt peeter, the corte have thoiight meete to alow him thirty pounds, in full satisfaction, whereof the five pound formrly granted is accounted a part. || October 10, 1666, the General Court ordered the selectmen of every town to take, such steps as may be necessary to pro vide the makers of gunpowder with an increased supply of saltpetre.^' "Massachusetts Historical Societ>- Collections, Fifth Series, vol. i., p. 291. t .Massncliu.setts Colony Records, vol. ii., p. 14. X Ibid., vol. ii., p. 29. § Ibid., vol. li., p. 261. ¦ Ibid., vol. ii., p. 2S3. * Ibid., vol. iv., part ii., p. 320. THE SETTLEMENT A T PARKER RIVER 77 Walter Everenden, of Boston, stated, in a petition addressed " To the Honoured Goveno"', Deputy Goveno', with the Magestrates & Deputies now assembled and sitting in Boston," May 28, 1672, that he desired to commence the manufacture of gunpowder, but had been prevented by the enactment of laws in England and Holland prohibiting the shipment of saltpetre to America. He therefore humbly requested "the honoured court" to order the inhabitants of every town in the colony to furnish their proportionate share of saltpetre without further delay.* In the year 1675 a powder-mill was erected in the town of Dorchester. Previous to that date the materials used in the manufacture of powder were coarsely ground or pulverized in mortars made for that purpose, and afterward roughly cleared of impurities, and mixed without the aid of machinery. The importance of the new enterprise was thoroughly ap preciated by the General Court ; and two watchmen were appointed, October 13, 1675, one from Dorchester and one from Milton, to guard the property and protect it from the danger of fire to which it was exposed. Walter Everden, or Everenden, was employed as manager or superintendent of the manufacturing department. He subsequently became the owner of the mill, and for nearly fifty years was a successful manufacturer of gunpowder.f ARMS AND AMMUNITION. September 3, 1634, the General Court elected Richard Dumer, then living in Roxbury, and Nicholas Easton, of Ipswich, with other freemen of the colony, " ouerseers of the powder & shott & aU other ainunicBn, in the suall plantacBns where they lyve. " % Subsequently every person capable of bearing arms was obliged to furnish himself with a musket, and also with powder and shot. March 13, 1638-9, the General Court ordered that • Massachusetts Archives, vol. lix., p. 124. t Histor}- of Dorchester (1S59), pp. 607-611. X .Massachusetts Colony Records, vol. i., p. 125. 78 HISTORY OF NEWBURY Neweberry, Linn. Hingham Waymoth each of them shaU have one barrell of gunpowder, weh shalbee sould out to those that find muskets, at 2s the pound, weh money shall bee returned to the Treasurer, & for want thereof, the Treasurer shall levy it of the towne, &c.* In consequence of the warlike attitude of the Indians the General Court distributed, September 8, 1642, a certain quantity of gunpowder to every town in the colony. Hamp ton, Salisbury, Newbury, and Rowley received one barrel each ; and the record further says " that Hampton & Newe berry had each of them a barrell before, w'='' they are to alow for, besides the barrell w'^'' is now alowed to each of them by this order." f It is evident that arms and ammunition were not abundant in the colony at that time, and the following orders indicate that the colonial authorities were careful and prudent in distributing them. September 7, 1643 I' '^ ordered that Ipswich, Salem & Newberry shall answere for the powder or armes they have had.* It is ordered that the souldiers of Ipswich, Rowley & Newberry, weh were sent to the Indians, should each man bee alowed one pound of powder. J May 29, 1644 It was ordered that the surveyor of armes shall de liver to the deputies of Newberry two snaphance muskets instead of those wee had of them, & not of lesse valewe. § May 14, 1645, the several towns in the colony were ordered to send to the general surveyor of arms " at Richard Fairbanks howse in Boston " a true report of the number of fire arms in their possession "w"'in a fortnight after y* sit ting of Y Courte." II A barrel of powder having been delivered to Mr. Edward Rawson for the town of NewTjury, and a portion of it having been used in the public service, the General Court ordered. May 2, 1649, "that Edw'' Rawson should onely satisfy y= survey'' gen''all 5^ for y= barrell ; & the towne of Newbury & himselfe is hereby discharged therefrom." ^ ^ M.issacluisetls Colony Records, vol. i., p. 255. t Ibid., vol. ii., p. 26. tIbid., vol. ii., p. 46. § Ibid., vol. ii., p. 72. Ibid., vol. iii., p. 14. IT Ibid., vo!. ii., p. 270. THE SETTLEMENT AT PARKER RIVER 79 COMMISSIONERS OF SMALL CAUSES. Magistrates elected to the. General Court were authorized, September 6, 1638, to hear and determine all questions "where the debt trespas or damage &c doth not exceed 20=" in the towns where they resided, "and in towns where no magistrate dwells, the Generall Court shall from time to time nominate 3 men, two whereof shall have like power to heare & determine all such actions vnder 20^." * The same day " M"' Edward Rawson, M"" John Woodbridge & M' Edw'' Woodman were chosen " commissioners for the town of Newbury. June 2, 1641 for to order small causes at Newberry, Mr Woodman, Mr John Oliver & Mr John Woodbridge are appointed.f October 7, 1641, Mr. Edward Rawson was chosen com missioner in place of Mr. John Oliver ;| June 14, 1642, " M"' Greenleiffe is appointed instead of M"' Woodman to end small businesses in Neweberry" ;§ and, September 27, 1642, " Mr Clarke is appointed in M" Rawsons place to end small causes at Newberry." || May 29, 1644, the General Court ordered "that M"' Rich''d Dumer, James Browne, & Henry Short shall end small con troversies at Newberry." *\ May 14, 1645 Mr Edward Woodman, Mr John Lowle, & Richrd Knight are chosen to end small causes under 20s in Neweberry.** FINES AND PUNISHMENTS. At a quarterly court held in Boston December 4, 1638, The towne of Neweberry was fined 5 shs for want of a paire of stocks & time was given them till the nexte courte to make them, ft June 2, 1640 Neweberry, for want of towne weights & measures, fined 6s Sd.Jf * Massachusetts Colony Records, vol. i., p. 239. t Ibid., vol. i., p. 328. X Ibid., p. 339. § Ibid., vol. ii., p. 14. II Ibid., vol. ii., p. 28. IF Ibid., vol. ii., p. 72. •* Ibid., vol. ii., p. 98. . ttlbid., vol. i., p. 24S. Jt Ibid., vol. i., p. 297. So HISTORY OF NEWBURY March 3, 1639, 40 Mr Henry Seawall for his contemptuous speach & carriage to Mr SaltonstaU was enjoyned to acknowledg his fault pub- Ukely at Ipswich court & to bee of good behavior & was enjoyned to appear at the next Quarter Court &c. . . . hee bound him selfe in 6(>£ 13s 4d for his appearance & good behavior.* June 2, 1640 Mr Richrd Duiner for want of weights & scales, weh were supplied, 5=.! March 2, 1640/41 Mr Richrd Dumer had his fine of 55 remitted, the p'sentmt being upon a mistake, as was testified. + Wilham Franklin, one of the early settlers of Newbury, was accused of excessive cruelty, which resulted in the death of a boy whom he had taken as an apprentice. He was tried at the Court of Assistants in April, 1644 (?), and "was found guilty of murder ; but som.e of the magistrates, doubting of the justice of the case, he was reprieved till the next court of as sistants." § May 29, 1644, the General Court, after further consideration of the case, declared : — Willi : Francklin is refered to the matrats ; if they see cause hee may have a second triall for his life the ne.xt Quarter Cor't.|| The governor and magistrates having met at Salem, May 30, 1644, were not disposed to grant the condemned man a second trial, and promptly sentenced him to be hanged for murder. A warrant was signed by the governor a week after, which was not approved by some in regard of his reprieval to the next court of assist- ants.f JOHN EALES, BEEHIVE MAKER. The making of beehives was evidently not a lucrative busi ness in Newbury in 1644. Flowers were growing in abun dance in the woods and fields, but skill and ability in the management of bees was necessary in order to turn them into a possible source of revenue. Hive or honey bees were brought to America by the early * Massacluiselts Colony Records, vol. i., p. 286. t Ibid., vol. i., p. 297. X Ibid., vol. i , p. 315. § Winthrop's History, vol. ii., p. 225. il Massachusetts Colony Records, vol. ii., p. 71. ^Winthrop's History, vol. ii., p. 226. THE SETTLEMENT AT PARKER RIVER 8 1 settlers of New England. They followed the pioneers of civilization to Ohio and Kentucky, but as late as 1 797 they were practically unknown in the vast uninhabited territory lying west of the Mississippi river. The inhabitants of Newbury were evidently disposed to favor bee-keeping, as a new and profitable industry ; and John Eales was engaged to assist them in their efforts to make the business a financial success, as appears from the following petition to the General Court : — To the Hormored Courte now assembled. The humble petition of John Lowle & Edward Woodman in the name & on the behalfe of the Towne of Newberry. Humbly Showeth That whereas one John Eales aged upwards of 70 years on or about August last came to Newberry to one John Davis a Renter of a farm there wth ye expectation of his doing service which the Towne was not acquainted with, being found unable to gett his living & going from us was stayed by ye constable of Ipswich. Ye Honnor'd Courte thereup- pon sent him back to ye constable of Newbury to be found at the Coun- treyes charge untUl this Courte sh'ld determine the waye to dispose of him. Now our humble desire is yt ye worships would be pleased to dis pose of him where it may be least chargeable to ye countreye & most beneficial to himself, wth what & where ye constable shall pay out ye worships shaU Judge meete for his so long abiding with him, & your peticoners shall pray &c . " John Lowle Edward Woodman * In answer to this petition the General Court ordered. May 14, 1645: — It is conceived John Eales should be placed in some convenient place where he may be implied in his trade of beehive makeing, etc. ; & ve towne of Neweberry to make up what his work wanteth of defraying ye charge of his livelyhood.f * Massachusetts Archives, vol. i. , pp. 4.5- t Massachusetts Colony Records, vol. ii.. p. loi. May 14, 1634, "John Eales" was made i freeman at the General Court (Massachusetts Colony Records, vol. i., p. 369). As early as X640, perhaps earlier, he was living at Fox Point, Dorchester. He had a son Samuel, baptized May 3, 1640. In the note-book of Thomas Lechford, pages 418 to 424, there is a covenant or agreement between " Thomas jMlen of Barnstable and John Eells of Dorchester," made July 8, 1641, in regard to house and land in the county of Devon, England. " John Eeles" is said to have removed from Dorchester to Hingham, and may after\vards have settled as bee-hive maker in Newbury. 82 HISTORY OF NEWBURY REMOVAL FROM PARKER RIVER TO MERRIMACK RIVER. The map on the opposite page gives the bounds and limits of Newbury after the incorporation of Rowley in 1639, ^'^^ the location of some of the prominent hills. The Hne ex tending from the landing-place on Parker river to Mr. John Spencer's farm gives the general direction of the path or way that was subsequently extended, as shown by the dotted line, to the ferry landing on Merrimack river. The way from Frog pond to Watts's cellar is now State street, New buryport. The limited supply of arable land in the vicinity of Parker river induced many of the inhabitants to favor a removal to a new location three or four miles distant. No definite action was taken, however, until 1642, when a board of commissioners was appointed to lay out and assign to the freeholders of the town all the undivided land between the narrow winding path, or way, now known as Parker Street, or Low gtreet, and the Merrimack river, extending from John Spencer's farm on the southeast to the mouth of the Arti choke on the northwest. Many serious difficulties and com plications delayed the work of the commissioners. A strong and vigorous minority opposed the removal of the meeting house, and otherwise obstructed" the organization of the new settlement. After a long and severe struggle the opposition was weakened, and conciliated by special grants and conces sions ; and the important question that had disturbed the town for four years was definitely settled. The first order relating to the proposed removal of the inhabitants of Newbury is found in the Proprietors' Records, and reads as follows : — Generall and perticular orders made by the men Deputed for the Managing of those things that concerne the ordering of the New Towne from Decem'b 7th 1642.* * Proprietors' Records, vol. i., fol. 44. 84 HISTORY OF NEWBURY Mr John Spencer Mr John Clark Mr John Woodbridge Mr John Cutting Mr James Browne Richard Knight Richard Browne Mrs Oliver Stephen Kent John Cheney Richard Badger Anthony Morss WiUiam Thomas Nicholas Noyes Widdow Stevens Nath Wier Mr Woodman John Kelly John Fry Francis Pluiner John Bartlet Robert Coker Richard Fitts William Palmer Thomas Blumfield Thomas Coleman George Browne Nath Badger John Bond William Berry Mr MiUer Jo Russ It is declared and ordered hereby according to the former intentions of the Towne that the persons only above mentioned are acknowledged to be free holders by the Towne and to have proportionable Right in all waste lands, coiiions Oi: Rivers undisposed, and such as by, from or under them, or any of y". or theyr Heyrs, have Bought, Granted and Purchased frora them or any of them theyr Right & title there unto & none else. Provided also that no freeholder shall bring in any cattle of other mens or towns on the Towns common, above or beyond their proportions otherwise than the freemen shall permit.* The names of the freeholders and the accompanying order, acknowledging their " proportionable right in all waste • Proprietors' Records, vol. i., fol. 44. Mr Richard Dufiier Mr Henry Sewall Mr Edward Rawson Mr John Lowle Henry Short Thomas CromweU Nicholas Holt Henry Rolfe John Merrill Thomas Hale Joseph Peasly WiUiam Morss John GofE John Stevens .Anthony Short John Pemberton John Pike Senr John .Musselwhite John Emery Anthony Soinerby Richard Bardet WiUiam Moodey WUliam Franckling Abraham Topan Henry Somerby Walter .Alien Thomas Silver Henry Travers Richard Litleale Gvles Badger Mr Thomas Parker Mr James Noyes Mr Percival Lowle Mr Stephen Duiner Richard Kent Junr Samuel ScuUard Mr Edmund Greenleaf John Osgood AbeU Huse Joseph Carter John Knight Henry Lunt Thomas Browne John Hutchens Daniel Thirston John Poer John Pike Junr Henry Palmer William Titcomb Nicholas Batt Thomas Smith WiUiam White Thomas Davis Wm Elmesley Samuel Guile Thomas Dow -Archelaus Woodman Jo Swett Christopher Bartlet THE SETTLEMENT AT PARKER RIVER 85 land," were evidently- copied, when the Proprietors' Book was compiled, from records that are not now in existence. There is no doubt, however, that the order, as printed, was adopted by the commissioners soon after their appointment ; and it is certain that a year or two later they placed on record the following statement relating to the proposed removal of the inhabitants from Parker river : — Whereas the towne of Newburj', well weighing the streights they were in for want of plough ground, remoteness of the common, scarcity of fencing stuffe, and the like, did in the year 1642 grant a commission to Mr. Thomas Parker, Mr James Noyes, Mr John Woodbridge, Mr Edward Rawson, Mr. John Cutting, Mr. John Lowle, Mr. Edward Woodman, and Mr. John Clark, for removing, settleing, and disposeing of the inhabitants to such place as might in their judgements best tend to theyr enlargements, exchanging theyr lands, and making such orders as might bee in theyr judgements for the well ordering of the town's occasions and, as in their commission more largely appeareth, the said deputed men did order in tlieir first meeting and appoint John Merrill, _ Richard Knight, Anthony Short and John Emery to go to all the in habitants of the towne, taking a true list of all the stock of each inhabi tant, and make a true valuation of all their houses, improved land, and fences, that thereby a just rule might be made to proportion each in habitant his portion of land about the nev/ towne, and removing of the inhabitants there. It was ordered at a meeting of the eight deputed men above men tioned that each freeholder should have a house lott of foure akers. It was further ordered, in respect of the time for the inhabitants removeing from the place they now inhabit to that which is layd out and appointed for their new habitations, each inhabitant shaU enjoy their house lotts foure years from the day of the date of this commission.* There is nothing to indicate when this statement, with the accompanying orders, was entered upon the record ; but the freeholders of the town, at a meeting held January 10, 1643- 4, voted "y' eu''y house lott shall be ffoure acres," and on the same day ordered "y' he y' hath least land in the New Towne shall have 8 acres y' [except] John Swett, Tho : Silver, Jo : Russe." * The adoption of these votes and orders induced those who were dissatisfied to appeal to the governor and the House of •Town of Newbury Records, vol. i. 86 HISTORY OF NEWBURY Deputies for protection and assistance. June ii, 1644, the General Court ordered " (in ans'' to ye peticon of pte of y= inhabitants of Newberry) that noe village or towne shalbee erected w"'in the bounds of y'= said towne vntill such time as y= peticSn^ bee ans^'^ by way of comission or otherwise." * What further action was taken in regard to this petition is unknown ; but it is certain that the place first selected for the new meeting-house, " upon the hill by the little pine swamp," was subsequently changed " at a Towne meeting of y" 8 men the 2^ of January 1645-6," as appears by the following record : — Wee, whose names are in ye margent e.xpressed (James Noyes, Ed ward Woodman, John Cutting, John Lowle, Richard Knight and Henry Short,) for ye settleing ye distraceons yt yett remayne about ye setling and placeing ye meeting house yt all men may cheerfully goe on to im prove their lands at ye new towne doe determine yt ye meeting house shall be placed & sett up at or before ye twentieth of October next in, or upon, a knowle of upland by Abraham Toppans barne wthin a sixe or sixteen Rodd of this side of ye gate posts yt are sett up in ye high way by said Abraham Toppans barne. Edward Rawson contradicents this order, f * Massachusetts Colony Records, vol. iii., p. 8- tTown of Newbury Records, vol. i. CHAPTER III. THE SETTLEMENT, AT MERRIMACK RIVER, 1645-1685. Although the location of the new meeting-house was defi nitely fixed and settled by the vote recorded January 2, 1645-6, a long remonstrance, signed by Edmund Greenleaf, Daniel Thurston, Stephen Kent, John Poore, and others, was presented to the General Court, denouncing the vote as ille gal and unjust, and proposing that the church, under the pastoral care of Rev. Thomas Parker, should be divided, one of the elders to remain with the old church, the other to go with the new one.* To this petition, or remonstrance, the General Court re turned the following answer. May 26, 1647: — t. It is conceived meete, yt it be declared by ye authority of this Corte, yt ye comission granted to ye major pt of ye towne of Newberry & ye p'ceedings thereupon, to be legali & warrantable. 2. That if any errors were in ye said coinission &c or any dissent from ye same by any of ye minor pt &c yet they are all concluded from taking any exception thereto, in regard of their acceptance of ye recom pence ordred for satisfaction. 3. That ye petitionrs of ye minor pt have failed in not submiting to their owne covenant. 4. That a lettr be written from this Corte to the two eldrs & those brethren of ye major pt, yt for peace sake they would please by turnes to supply ye other pt &c.t The petitioners, however, were dissatisfied with the deci sion of the General Court, and did not attempt to conceal their vexation and disappointment. Several of them removed from Newbury ; and those who remained reluctantly acqui esced in the removal of the meeting-house " to a knowle of upland by Abraham Toppans barne." •Coffin's History of Newbury, pp. 44-46. t Massachusetts Colony Records, vol. ii., p. 196. [87I 88 HISTORY OF NEWBURY House lots and farm lots were laid out in the new settle ment, and assigned to the freeholders of the town of New bury as early as 1645. An order was adopted which, though somewhat vague and confusing, gives some of the details of the assignment, as follows : — t It is ordered & determined by the orderers of the Towne affairs that the plan of the new Towne is & shall be layd out by the lott lays as ye house lotts were determined by their choice beginning from the farthermost on the south street thence running threw the Pine swampe then up the high street numbering the lotts in the south street from the first to John Bartlett's lott the 27th then through the west side of the high street to Mr Lowles ye 28th & so to the end of the streete then run ning thro' field streete to Mr Woodmans ye 41st thence to the end of that street to John Cheneys ye 50th then turning to the first Cross street the west side of John Emery 51st thence coming up from the River side on the East side of the same street to the other street the west side to Daniel Pearses ye 57th & so to the River side on yt side the streete to Mr Clarke, whence from ye water side up the street on the East side to ffrancis Plumer 66th as hereunder by names & figures appended.* Mr. Thomas Parker 33 Daniel Pearson 57 Mr James Noyes 32 Thos: Blumfield Mr Woodman 41 Nath. Badger 58 John Knight 09 John Bond Richard Knight 10 John Swett 26 John Pike Junior SJ Wm Hilton Arch : \\'oodman 42 Robt Lewis Jo : Pemberton 46 Gyles Badger 63 Rich. Little Ale 49 Mr Greenlefe 07 Rich, ffitts 50 Mrs Oliver 17 Widdow Stevens 13&14 Lt John Lowle 28 John Stevens 14 -Anth : Short 08 .Anth : Somerby 44 Jo : Hutchins 34 Richard Bartlett 25 Mr Clarke 60 John Bartlett 27 Mr Rawson 31 Wm Titcomb 24 Jos : Cheney 30 Nich: Batt 47 Wydd : Goffe Robt Coker 53 Tho : Browne 56 Tho. Dowe 23 Wm Elnsley Rich : Badger 04 Nich. Noyse 06 Hen : Travers 01 Hen: Lunt 49 John Emery 51 Mr Browne 18 *To\vn of Xewbury Records, vol. i., p. 26. THE SETTLEMENT AT MERRIMACK RIVER 89 Hen. Palmer Mr John Cutting 30 Rich : Kent Senr Mr Lowle Senr 29 Wm Palmer Sam : Plumer 65 Thomas CromweU Anth : Morse 54 Sam: ScuUard 4S Wm Morse II Tho : Silver Hen Rolfe 1 1 Walter AUen Dan: Thurston 39 ffrancis Plumer 66 Able Huse 39 Abraham Toppan 20 Jo: Poore 35 John Musslewte Jo : Merrill 40 Thos. Haile Abr. MerriU 36 Tho : Coleman 72 Jo ; ffits Wyddow Browne 19 fferry lott Jo : Pike Senr 02 Jo : Indian 6i The house lots were assigned to the persons above named in exchange for land previously granted them at Parker river, and many of the transfers and conveyances were promptly recorded by the town clerk. Some of them, how ever, were forgotten or overlooked, while others were not presented for approval and registration until several years later : * " William Mors in consideration of his resigning up an house lot in the old town is granted one at the new town joyning to the new street " ; -j- Anthony Mors for the same consideration "is granted an house lot at the new town joyning Cross street" ; Joseph Peasle "is granted an house lot in the new town joyning ffish street " ; John Knight, "an house lot at the new town joyning South Street " ; Samuel Plumer, " an house lot at the new town joyning New Street " ; Percivell Lowle, "an house lot at the new town joyning Hill Street" ; John Cutting, "an house lot at the new town joyn ing Hill Street " ; Edmund Mooers, " an house lot at the new town joyning South Street " ; James Browne, "an house lot at the new town joyning Hill Street"; Henry Lunt, "an house lot at the new town joyning Merrimack Street " ; William Stevens, "an house lot at the new town joyning South Street"; Nicholas Noyes, "an house lot at the nevv' town joyning South Street" ; Thomas Brown, "an house lot *" Ould Newbury," p, 94. tTown of Xewbury Proprietors' Records, pp. 56-sS, inclusi\'e. 90 HISTORY OF NEWBURY at the new town joyning Cross Street" ; Widdow Goff, "an house lot at the new town joyning Hill Street " ; Thomas Smith, "an house lot at the new town joyning Merrimack Street"; John Pemberton, "an house lot at the new town joyning Merrimack Street"; John Emery, "an house lot at the new town joyning Cross Street " ; Henry Travers, " an house lot at the new town joyning South Street and Merri mack Street"; Richard Badger, "an house lot at. the new town joyning South Street'' ; Thomas Dow, "an house lot at the new town joyning to the way by ffrogg pond " ; Gyles Cromlon, " an house lot at the new town joyning New Street " ; Samuel ScuUard, "an house lot at the new town in the nine lots " ; Anthony Somerby, " an house lot at the new town joyning to Merrimack Street in the nine lots"; Richard ffitts, " an house lot at the new town joyning to Merrimack Street in the nine lots " ; Richard Littlehale, "an house lot at the new town joyning to Merrimack Street in the nine lots " ; Thomas Blumfield, "an house lot at the new town joyning to ffish street"; Percivall Lowle, "four acres of land in the Little field" ; John Lowle, "four acres of land in the Little field" ; Archelaus Woodman, "an house lot joyning to Mer rimack Street " ; Edward Woodman, " forty acres of land joyning to Merrimack Streete and the way going to the Aspen Swamp " ; Abraham Toppan, " four acres of land joyning to Hill Street"; Gyles Badger, "four acres of land joyning to ffish Street " ; John Fr\", "four acres of land joyning to ffish Street." * The commercial advantages of the new settlement were developed and strengthened in many ways. Mr. John Cut ting, " shipmaster," removed from the old town to the new town; ]Mr. Thomas Millward,f who owned a- "shallop," came • Fisli street, also called " New Street" and" the way to Watts Sellar '* in the early records, is now State street, Newburyport. Cross street, afterward called " Ordway's Lane," is now M.irket street, Newburyport. Hill street extends from Parker to Pond streets, Newburyport, and still retains its old name. South street is now Parker street, Newbury. And Merrimack street, also called " the country road," is now known as High street (in Newbury and Newbury port) . beginning at Parker river and extending to tlie Three Roads, so called. t" Thomas Millward, seaman,'* bought of Stephen Kent of Newbury,! March i6, 1645-6, " ten acres of upland as it is sittuate on Merrimack River." ¦' Richard ffitts of Newbury" sold March 26, 1645-6, '* to Thomas Millward, mariner, five acres ut upland scituate on Merrimack River." THE SETTLEMENT AT MERRIMACK RIVER 91 to Newbury from Cape Ann ; and Aquilla Chase, who was evidently a good boatman, came from Hampton. In 1646, the freeholders of Newbury granted Aquilla Chase four acres of land for a house lot at the new town, and six acres for a planting lot, " on condition that he do goe to sea and do service in the towne with a boate for four years." * Laid out to AquUla Chace four acres of land for a house lott, be it more or less, in the new Towne joyning to Henry ffays land on the South West and the street on the South East and the way by Merri mack River on the North East and David Wheelers land on the West.t The building of houses in the new town and the clearing of land for cultivation progressed rapidly during the summer of 1646, and was continued with unabated vigor the following year. December 10, 1646. The towne being informed that Mr Thomas Parker was unwilling to act any longer in any matters concerning the new Towne & that Mr Cutting was going to sea, they were apprehensive of the weighty occasions of the towne that are likely to bee retarded, did make choyse of Nicholas Noyes & William Titcomb in their roome to be added to the rest of the new towne men for sixe weeks that so things may with more speed be dispatched. % At the meeting of the eight men December 16, 1646, they made these orders and grants as follows : — It is ordered that whatsoever land is falne already or hereafter may fall into the townes hands vpon the necke ouer the great River shall per- petuaUy remaine for the townes use to be let out for defraying public charges. It is ordered that all men that hold land on the necke over the great River shall not sell nor letl out the same for any time whereby it may Mr. Richard Doyle of Newbury sold March 16, 1645-6, " to Mr. Thomas Millward, mariner, five acres of upland that he bought of William Morss as it is scituate on Merrimack River." Newbury Proprietors' Records, vol. i., p. 43. **' Ould Newbury," pp. 22, 123, 149. tTown of Newbury Proprietors' Records, vol. i., p. 67. Aquilla Chase was living in Hamp. ton, N.H., March 7, 1643. He was one of the petitioners to the General Court who asked for a modification of the law regulating railitary drill in that town. (See New Hampshire Provin cial Papers, vol. i., p. 166.) The house owned and occupied by Aquilla Chase in Newbury was located on die north easterly comer of Chandler's lane (now Federal street, Newbur>-port) and the way by Merri mack river, now Water street. JTown of Newbury Records (1637 to 1692), p. 60. 92 HISTORY OF NEWBURY bee alienated from the towne : (this last order was made on this consid eration, viz : — because the necke men have consented to yeld to the remoueing of the towne, and accordingly have received satisfaction at the new towne in land, for their land on the necke, and therefore have yelded up their land in the necke to the Towne). It is ordered that all those that do accept of any lands between the great River and Stephen Duiners farme shall have and hold it on this condition that they goe not about to divide the church, or oppose the first order or agreement about the moveing of the towne.* On the margin of the page where the above orders are re corded is the following memorandum : — P'snt at this meeting James Noyes, Edsvard Woodman, John Lowle, Hen : Short, Rich : Knight, Nich. Noyes, Will Titcomb. These orders were published Decemb: iSth, 1646. February 7, 1646-7, more than two hundred and fifty acres of upland and marsh " on y^ Iland over the little River " were granted to Richard Kent, jr., by the selectmen, he having, after a long contest, consented to the removal of the town. FREEHOLDERS. A person entitled, by grant, purchase, or inheritance, to a share in the common and undivided lands of Newbury was called a freeholder or proprietor. Frequent mention is made of the sale and purchase of freehold rights in the first volume of the Proprietors' Records : — John Bond acknowledges to have sold to Christopher Bartlet the priviledg of a ffreehold in the year 1643.! • It was acknowledged by Mr Edward Rawson, Mr Edward Woodman, and Richard Knight, before the three Townsmen, Febr 20, 1649, being John Sanders, William Titcomb & Archelaus Woodman, that the hous lot that Richard Bardet bought of Mr WiUiam Thomas, was acknowl edged to have the priviledge of a freehold altho' it was not sett downe in the Ust of the ffreeholders they aU acknowledged that it was foro-ott and accordingly gave me order to record it. Witness, Anthony Somerby, Recorder.* *Town of Newbury Records. 1637 to 1692, p. 60. t Town of Newbury, Proprietors' Records, vol. i., p. 53. + Ibid., vol. i., p. 33, THE SETTLEMENT AT MERRIMACK RIVER 93 March i, 165 1, a committee was chosen, consisting of the selectmen, "three commissioners for small causes," and Richard Knight, to settle all claims arising from the sale or purchase of freehold rights. The committee reported : — These persons heer under mentioned are acknowledged to be fEree- holders and to have an interest in aU comons belonging to the Towne as having lawfully purchased theyr priviledges from such as had the priviledges estated on them by the Towne. Capt Gerrish hath a freehold from Mr. Rawson.* William HUton from Mattox (sold to John Wright). James Jackman from Giles Abbots. John TiUetson from Nath Wyers. Samuel Plumer from one of John Lowls. WUliam Ilsley from William Whites. Hugh March from George Browns. Christopher Bartlet from John Bond one weh Stephen Greenleaf hath. Richard Thurlo from Mr Clarks. John Chater from Henry Palmers. George Little hath John Osgoods. Henry Jaques from Walter Aliens. Mr Woodman from John Pembertons. Richard Petengall from Mr Thomas. Stephen Swet from John ffry. Joseph Pluiner from John Kelly. Edmund Moers from John Stevens. Richard Browne from Giles Badger. Edmund Moers hath Richard Brownes. John Wheeler was acknowledged to have a priviledg, and also Danie Wheeler and Aquilla Chase & Nathaniel Merrill. Stephen Greenleaf from WiUiam ffracnkling sold now to John Webster. John Bayley from Joseph Peasly. John Bayley another from Wm Ilsley. WiUiam Titcomb besides his owne hath Mr James Brownes. Richard Bartlet besides his owne hath Mr Henry Sewall Junr. George Little hath the other of Mr John Lowls freeholds. John Bartlet besides his owne hath Samuel Guiles. William Moody hath John Gofts. **' -At a legali meetmg of the Towne March 3, 1661-2 Capt. William Gerrish produced a deede of the purchas of Mr Rawsons farm & ffreehold in Newbury and the Towne Granted the said Capt. Gerrish to be recorded a ffreeholder uppon the said Purchas in all the Towns Comons belonging to Newbury. per Anthony Somerdy, Clerc." — Newbury Proprietors' Records, vol. i., p. 49. 94 HISTORY OF NEWBURY Mr Sewals little farme hath for pembertons house from Mr Wood mans Priviledge Amos Stickny. Widdow Keyes on Richard Badger. John Bishop besides the Mill Lott hath Samuel ScuUards Priviledg. John Emerj- Jnr hath Daniel Peirces. Mr. Coffin hath Mr SneUings. Wm Chandler hath William Berries. Benjamin Rolfe from Nathaniel Badger. Richard Dole from Mr Greenleaf. Edward Richardson purchased Nathaniel Wyers ffreehold of John TiUetson. Feb. 23, 1653 James Browne from his Grandfather Mr Cuttings ffreehold. Robert Long for four acres of dividend larid and four acres which he purchased of Capt. Gerrish, bought of the towns men the right & privi lege of a freehold.'* The towns men with the rest of the Committee above said, meeting Januarv the loth 1652 about their coinission found that all inhabitants was freeholders according to towne order except those whose names are here under written and these also the committee according to their power do order that they may purchase the priveledge of Commonage, each man Conditionally; every man do either lay eight akers of divident land to the Cofnon which they may do by purchase or else pay fifty shillings to the townsmen to purchase such land for the towns use, and no other person upon any Condition whatsoever. John Knight Jun. WiUiam Sawyer Robert Longe William Morse Edward Richardson Robert Rogers hath purchased Nath. Wyres of John TiUetson Robert Morse Henry ffay Robert Adams Francis Ordway hath not of his owne but at pr'sent he hath one he buyes of John Bartlet John HaU Joseph Downer hath his father John Knights freehold WiUiam Randall \ WiUiam Mitchil > hath not Uberty to purchase WUliam Trotter ) Edward Woodman hath Thomas Davis freehold John Knight Junr hath purchased Richard Littlehale freehold as by a bill of sale appears Novemb : 23.! Edward Rawson and Anthony Somerby in an affidavit dated August 18, 1654, state that Richard Bartlet, senior, of * Newbury Proprietors' Records, vol. i., p. 45. t Town of Newbury Records, vol. i. THE SETTLEMENT AT MERRIMACK RIVER 95 Newbury, " in consideration of a certain number of bushels of corne in hand paid and received & for ten bushels a year during his natural life," sold and conveyed to his son Richard Bartlet "his freehold & four acre lot at new towne, six acres of marsh land & five acres meadow land near the ox comon, & seven acres dividend land in the year 1646." The deed being lost, this affidavit was signed and acknowl edged on the day above named, and afterwards recorded in the Registry of Deeds.* March 3, 1661 laid out for Mr Henry SewaU for the two freeholds he doth enjoy, one was for his fathers and the other was Mr Edward Woodmans, ten acres of Marshland being the ninth and tenth lots &c.* Mr. Henrj- SewaU acknowledged unto me, January 3, 16S3, to have given his son John Sewall his freehold PrivUedg of Coinon w* he pur chased of Mr. Woodman. Anthony Somerby Cler for Newbttry.* The same day Mr Henry Sewall acknowledged to have given his son Stephen Sewall the freehold of Coinon which was granted to his father, Henry Sewall deceased.f David Wheeler, of Rowley, planter, for twenty-eight pounds sold to Caleb Moody of Newbury, maltster, all his common right or freehold belonging to the house lot " lying near to Watts his seller in Newbury," conditionally, upon the pay ment of fourteen pounds to the said Caleb Moody before April I, 1675. The bill of sale, dated February 13, 1-672, to be void and of no effect, if the said fourteen pounds is paid. \ FREEMEN. The charter granted " The Governor and Company of the Massachusetts Bay in New England" in 1629 provided for the organization of the company and the orderly management of its affairs, " for the imposition of lawful fines, mulcts, im prisonment, or other lawful correction, according to the course of other Corporations § in this our realm of England," and * Essex Deeds (Ipswich Series) , vol. i., p. 184 (300). t Town of Newbury Proprietors' Records, p. 66. } Ibid, vol. i. §The charter evidently conveyed Ihe rights, privileges, and powers granted lo other corpo rations, organized and governed in England, but did not expressly confer upon the company the right to transfer its govemment to New England, to levy taxes, organize towns, or establish courts of justice there. 96 HISTORY OF NEWBURY conferred upon the governor, deputy governor, and their assistants power and authority to choose or appoint such persons "as they shall think fit" to be freemen of the com pany, to aid and assist in making " laws and ordinances for the good and welfare of said company, . . . not contrary or repugnant to the laws and statutes of this our realm of England." At a meeting of the officers and freemen of the company held in London October 29, 1629, it was voted to transfer the government and control of the company to New England. The first Court of Assistants was held August 23, 1630, at Charlestown. The first session of the General Court was held October 19, 1630, at Boston. The law-making power was intrusted by the charter to the freemen, who were to meet four times each year to decide, by a majority vote, all questions relating to public affairs. The governor, deputy governor, and assistants, constituted a majority, if not all, of the members who were present at the first session of the General Court. They passed an order " for the establishing of the government " limiting the power and authority of the freemen, and giving to the assistants the exclusive right or elect a governor and deputy governor, " who, with the assist ants, should have the power of making laws and choosing of ficers to execute the same." No one was made a freeman at this session of the court, although one hundred and nine per sons applied for admission.* May 18, 1 63 1, the General Court ordered that "no man shalbee admitted to the freedome of this body polliticke but such as are members of some of the churches within the lymitts of the same." j At this session one hundred and sixteen persons, including most of those who applied in October, 1630, took the oath, and were admitted as freemen. May 9, 1632, the order adopted October ig, 1630, in re gard to the election of officers was modified and made accept able to the people by an agreement that the governor and * .Massachusetts Colony Records, vol. i., pp. 79, 80. t Ibid., vol. i., p. 87. THE SETTLEMENT AT MERRI.MACK RIVER 97 deputy governor should, after that date, be chosen by the freemen, and not by the assistants.* May 14, 1634, it was voted that "none but the General Court hath power to chuse and admitt ffreemen " ; f and Sep tember 3, 1635, all questions relating to the admission of in habitants, or to the granting and laying out of house lots in towns, were, by order of the General Court, referred to the freemen of the s'everal towns for settlement. f March 3, 1635-6, the General Court ordered "that noe p'son, being a member of any churche which shall hereafter be gathered without the approbation of the Magistrates & the greater p'te of the said churches, shalbe admitted to the ffreedom of this comonwealthe." § After March 9, 1636-7, every military officer or civilian holding a position of honor or trust was compelled to take the oath of a freeman ; " for it is the intent and order of the court that no person shall henceforth be chosen to any office in the Commonwealth but such as is a freeman." || In answer to a petition presented by the inhabitants of the county of Middlesex, the General Court ordered, May 31, 1660, "that no man whosoeuer shall be admitted to the free dom of this body politic but such as are members of some church of Christ, and in full com'nion, w'^'' they declare to be y= true intent of y' anncient lawe enacted May 18, 163 1." ^ King Charles II., in a letter to the General Court dated June 28, 1662, objected to the arbitrary provisions of this law. It was repealed August 3, 1664, and a new one en acted, admitting to the freedom of the Commonwealth, by a majority vote of the members of the General Court, all Englishmen presenting a certificate from the minister of the place where they dwell " that they are orthodox in religion & not vitious in theire Hues," and also a certificate from the selectmen that they are freeholders and pay a tax of ten shillings, or more, annually.* * Col. Richard NicoUs, Sir Robert Carr, George Cartwright, Esq., and Samuel Maverick, Esq., commissioners sent by the • Massachusetts Colony Records, vol. i., p. 93. t Ibid., vol. i., p. 117. JIbid., vol. i., p. 161. §lbid., vol. i., p. 168. II Ibid., vol. i., p. 188. T Ibid., vol. iv., part I., p. 420. •• Ibid., vol. iv., part II., p. 117. 98 HISTORY OF NEWBURY king to confer with the colonial authorities in regard to alleged abuses in the administration of government in New England, endeavored to secure a modification of this law, and especially the tax qualification which they severely criticised and denounced. In a communication addressed to the Gen eral Court they state their objections to the law, and say : — When the King shall be enformed, as the trueth is, that not one church member in an hundred payes so much & yt in a towne of an hundred inhabitants scarse three such men are to be found, wee feare the King will rather finde himself deluded than satisfied by your late act. Though you commend, to the ministry & people, the record of the Lord for their rule, yet you did it with a provisoe that they have the approbation of the Court as appears in the Same page; and wee have great reason both to thinke & say that the King & his council & the church of England, vnderstands & follows the rules in Gods word as much as their corporation.* A few months before the above protest was presented by the commissioners the county courts were authorized, Octo ber 19, 1664, to administer the freeman's oath to any person approved by the General Court. f After a long delay and a somewhat acrimonious discussion the commissioners re turned to England. The ' king was occupied with political troubles and dissensions at home, and for many years paid but little attention to colonial affairs. The law remained in force, notwithstanding the serious objections raised against it, until the charter of the colony was annulled, October 23, 1684. A LIST OF THE FREEMEN OF NEWBURY. As the residence of the freemen is not always given in the records, it is possible that some names that should appear in the following list have been overlooked. Name. Admitted. Mass. Colony Records. Frauncis Plumer. May 14, 1634. Vol. i., pp. 368, 369. Thomas Hale. May 14, 1634. Vol. i., pp. 368,369. John Eales. May 14, 1634. Vol. i., pp. 368, 369. '' Massachusetts Colony Records, vol. iv., part II., p. 205, t Ibid., vol. iv., part I., p. 134. THE SETTLEMENT AT MERRIMACK RIVER 99 Narne. Christopher Hussey. Mr John Spencer. Henry Shorte. Phillip Fowler. Mr Tho : Parker. Mr Nicholas Easton. Mr James Noise. John Webster. Rich: Kent. John Gierke. Rich Browne. Willm Moody. Mr Steven Batcheh _^Illrn Mosse. Richrd Knight. Anthony Mosse. John Saunders. James Browne. ¦ Edmond Marshall. Henry SeawaU, Junior. Thomas Smythe. Nicolas Holt. Nicolas Noise. Archelaus Woodman. James Browne. John Bartlet. Robert Pike. Thomas Coleman. John Cheney. Edward Rawson. Daniell Peirce. Abraham Tappin. Henry Lunt. Thomas Hale. Richrd Singletery. Christopher Batte. Edmond GreenlifEe. Thomas Moulton. Steven Dumer John Osgood. John Goffe. John MusseUwhit. Steven Kent. John RiiHington. Admitted. May 14, 1634. Sept. 3, 1634. Sept. 3, 1634. Sept. 3, 1634. Sept. 3, 1634. Sept. 3, 1634. Sept. 3, 1634. March 4, 1634-5. March 4, 1634-5. May 6, 1635. May 6, 1635. May 6, 1635. May 6, 1635. March 3, 1635-6. May 25, 1636. May 25, 1636. May 25, 1636. May 25, 1636. May 17, 1637. May 17, 1637. May 17, 1637. May 17, 1637. May 17, 1637. May 17, 1637. May 17, 1637. May 17, 1637. May 17, 1637. May 17, 1637. May 17, 1637. March, 1637-8. May 2, 1638. May 2, 1638. May 2, 1638. Sept. 7, 1638. Sept. 7, 1638. March 13, 1638-9. March 13, 1638-9. March 13, 1638-9. May 22, 1639. May 22, 1639. May 22, 1639. May 22, 1639. May 22, 1639. May 22, 1639. Mass. Vol. Vol.Vol. Vol. Vol. Vol. Vol.Vol. Vol. Vol. Vol. Vol.- Vol. Vol. Vol. Vol. Vol. Vol.Vol. Vol.Vol. Vol.Vol. Vol.Vol. Vol.Vol.Vol. Vol. Vol. Vol. Vol. Vol. Vol. Vol.Vol.Vol. Vol. Vol. Vol. Vol. Vol. Vol. Vol. Colony Records. ., pp. 368, 369. •. PP- 3691370. ., pp. 369, 370. ., pp. 369.370- i-, pp. 369. 570. i-> PP- 369. 370. i., pp. 369, 370. -, P- 370. . P- 37o^__ , PP- 370,37'- , PP- 370,371- :., pp. 370,371- pp- 370,371- -, P-37I- 371- 371 371 371 373 , P- 373 •> P- 373 -. P- 373 -, P- 373 -, P- 373 -. P- 373 -.P- 373 i-> P- 373 P- 373 P- 373 i-, P- 374 , P- 374 ., P- 374 . P- 374 .. P- 374 , P- 374 . P- 375 1 P- 375 . P- 375 .P- 375 375 37S375 375 375 HISTORY OF NEWBURY Name. Thomas Browne. John Moulton. John Clarke. John Roffe. Anthony Sadler. Thomas Masie. John Oliver. John Saunders. John Lowell. Thom : Davies. John Emery. Samu: Pluiner. John -March. Richrd Knight. John Cooper. John Stevens. Willi : Stevens. Antho: Sommersbey. Henry Sommersbey. William Berry. Samu : Guil. .A.bell Hews. William Gerrish. Christopher Bartlet. John Pore. John Saunders. Tho: Milward. John Knight. Ben : Swet. John Chattor (Cheater?). WiUiam Hilton. John Kent. Nath : Weare, Senior. Rich: Dole. John Emery, Jr. Rich ; Bartlett. Will: Bartlett. WiU: Cottell. Admitted, May 22, 1639. May 22, 1639. May 22, 1639. Sept. 6, 1639. Sept. 6, 1639. Sept. 6, 1639. May 13, 1640. May 13, 1640. June 2, 1641. June 2, 1 64 1. June 2, 1641. June 2, 1641. May 18, 1642. .May 18, 1642. May 18, 1642. -May 1 8, 1642. May iS, 1642. May 18, 1642. May iS, 1642. .May 18, 1642. May i8, 1642. May 18, 1642. July 9, 1645. Sept. 29, 1646. -March 28, 1648. May 22, 1650. Sept. 7, 1650. Sept. 7, 1650. Sept. 7, 1650. -March 25, 1651. May 18, 1653. -May 3. 1654. March 28, 1654. .March 28, 1654. .March 2S, 1654. March 28, 1654. -March 28, [654. March 28, 1654. Mass, Colony Records. Vol. i., p. 375- Vol. i., p. 375. Vol. i., p. 375- Vol. i., p. 376. Vol. i., p. 376. Vol. i., p. 376. Vol. i., p. 376. Vol. i., p. 376. Vol. i., p. 378. Vol. i., p. 378. Vol. i., p. 378. Vol. i., p. 378. Vol. ii., p. 291. Vol. ii., p. 291. Vol. ii., p. 291. Vol. ii., p. 291. Vol. ii., p. 291. Vol. ii., p. 291. Vol. ii., p. 291. Vol. u., p. 291. Vol. ii., p. 291. Vol. ii., p. 291. Salem Cotcrt Records. Book II., leaf 174. Ipsiuich Cottrt Recoras. Book I., leaf 4. Book I., leaf 1 1. Mass^ Colony Records. Vol. iv., part I., p. 459. Ips-uiich Court Records. Book I., leaf 21. Book I., leaf 21. Book I., leaf 21. Book I., leaf 23. Mass. Colony Records. Vol. iv., part I., p. 460. Vol. iv., part I., p. 460. Ipswich Court Records. Book I., leaf 44. Book I., leaf 44. Book I., leaf 44. Book I., leaf 44. Book I., leaf 44. Book I., leaf 44. THE SETTLEMENT AT MERRIMACK RIVER Name. Tho: Bloomfield. Tho Seers. WiU: Chandlour. John Davis. Joseph Noyes. Joseph Muzzey. John Webster. Tho: Hale. John Allen. Solomon Keyes. Robert Addams. Abraham Merrill. Dani : Pearse. Shubal Dumer. Samuel Moody. Caleb Moody. W"i Peelsbury.* James Ordaway.* Nath: Clarke.* Tristram Coffin.f James Kent. % Jno Kent. Jno Bartlet, Jun. Jno WeUs. Abie! Somersby. % Henry Jacquish. % Admitted. March 28, 1654. March 28, 1654. March 28, 1654. March 28, 1657. March 31, 1657. March 31, 1657. Sept. 29, 1657. Sept. 28, 165S. March 29, 1659. March 29, 1659. March 27, 1660. Sept. 30, 1662. May 27, 1663. May 3, 1665. May 23, 1666. May 23, 1666. AprU 29, 1668. April 29, 1668. April 29, 1668. April 29, 1668. May 19, 1669. May 19, 1669. May 19, 1669. May 19, 1669. May 19, 1669. May 19, 1669. Ipswich Court Records. Book I., leaf 44, Book I., leaf 44, Book I., leaf 44 Book I., leaf 44, Book I., leaf 59, Book I., leaf 59 Book I., leaf 63 Book I., leaf 69 Book I., leaf 72 Book I., leaf 7 Book I., leaf 84 Book I., leaf 109. Mass. Colony Records. Vol. iv., part 1 1., p. 581 Vol. iv., part II., p. 582 Vol. iv., part II., p. 582 Vol. iv., part II., p. 582 Vol. iv.,part II., p. 583 Vol. iv., part II., p. 583, Vol. iv., part II., p. 583 Vol. iv., part II. , p. 583, Vol. iv., part II. , p. 583 \o\, iv., part 1 1., p. 583 Vol. iv., part n.,p. 583 Vol. iv., part 1 1., p. 583 Vol. iv., part 1 1., p. 583 Vol. iv., part II., p. 583 * William Pilsbury, James Ordway, and Nathaniel Clarke, " church members of Newbury desire ye priveledge tb be made freemen." "Attest, Henry SewaU." Admitted May 14, 1668, (Massachusetts Archives, vol. evi., p. 4S5.) " Wm Pilsbury took the oath of a freeman Sept. 29, 1668." (Ipswich Court Records, book II., leaf 79.) James Ordway was sworn before Robert Pike, commissioner, February 26, 1668-9. (Nor folk Deeds, book II., p. r43.) t " To the Honored Gov. Deputy Gov. Magistrates & Deputyes in Generall Court assem bled the 29 of April 166S. " We hereby certify that Tristram Coffin is an Orthodox member of the church of Newbury and a householder in all respects qualified for admission to the freedom of this jurisdiction as the Law directeth. " I judge the foresaid Tristram Coffin to be orthodox, and he also is a member of our church. Thcmas parker. " Admitted to freedom " Richard Kent. " 22. 3mo 68 " Richard Dole. "E. RCawson] S[ecretary] "John Knight. " Daniel piercb." — Massachusetts Archives, vol. evi., p. 4S7. + " James Kent, Abiell Somerby, and Henry Jaquis admitted to be freemen by the general Court took the freeman's oath April i3, 1671 at the Ipswich Court." (Book II., leaf 142.) " To the Honoured Court : Wee the selectmen of Newbury according to law do present HISTORY OF NEWBURY Mass. Colony Records. Vol. i v., part II., p. 583. Vol. iv., part 1 1., p. 583. Vol. iv., part 1 1., p. 584. VoL iv., part 1 1., p. 584. Vol. iv., part 1 1., p. 584. Vol. iv., part 1 1., p. 584. Vol. iv., part II. , p. 584. Vol. iv., part 1 1., p. 584. Vol. iv., part IL, p. 585. Vol. iv.,part IL, p. 585. Vol. iv.,part II. , p. 585. Vol. iv.,part 1 1., p. 585. Vol. iv., part IL, p. 585. Vol. iv., part IL, p. 585. Vol. iv., partlL, p. 586. Vol. iv., part 1 1., p. 586. Vol. iv., part II., p. 586. Vol. iv., part II., p. 586. Vol. iv., part 1 1., p. 586. Vol. iv., part II., p. 586. Vol. iv., part 1 1., p. 586. Vol. iv., part 1 1., p. 586. Vol. iv., part 1 1., p. 586. Vol. iv., part 1 1., p. 587. Vol. iv., part 1 1., p. 587. Vol. iv., part 1 1., p. 587. Vol. iv.,part II., p. 587. Vol. iv., part II., p. 587. Vol. iv., part II. , p. 587. Henry Jacquish, John Kelly, Ben;.\min Rolfe [ . . . ] being in ffuU communion with the church in Newbury And Orthodox in Religion, Desire to be made free " Richard Dole. "6th May '6g. " John Knight. " Allowed June 2, i66g. "Tristram Coffin." — Massachusetts Archives, vol. evi., leaf 490. * John Bayley, Benjamin Lowell, John Wells and John Bartlet, jr., took the oath before Robert Pike, commissioner, October 2, i66g. (Norfolk Deeds, book II., leaf 143.) " To the lionored Court: John B.ayley an Ancient inhabitant and member in full communion with the church of Newbury desires admission to the freedom of this jurisdiction. " Th.1t John Bayley is as above e.xprest is attested by me "Mav 22. i66q.'' "Joseph Hills. — Massachusetts Archives, vol. evi., leaf 4S9. t" Benjamin Roffe, John Poore. Jun, ffrances Thurlay, Nicholas Batt, Job Pilsbury' & Samuel (?) Plumer of Newbury' being retumed by the Secretary took the oath of freeman, Sept. 27. 1670." (Ipswich Court Records, book II., leaf 125.) X " Jno Badger, Jno Lunt, John Xoyes, Cuting Noyes, Jos Gerrish, Jos Browne of Newbury beinc admitted to the freedom this colony took the freemans oath March 31, 1674." (Ipswich Court Records, book II., leaf 240.) Name. Admitted. Benja : LoweU. May 19 , i66g. John Bayley.* May 19, , 1669. Joseph Plumer.f May 1 1; , 1670. Benj: Rolfe.f May ir, , 1670. John Poore Jun.f May II , 1670. Franc: Thurlo.f May II , 1670. Nicho: Batt.f May 1 1, , 1670. Job Pilsbury.t May I r , 1670. Paul White. .May 3(, , 1671. Tho: Noyes. .May 31 , 1 67 1. Jonathan Morse. May 31 , 1671. James Smith. May 3 1 , 1671. John Smith. May 31 , 1671. John Knight, Jun. May 31 , 1671. Mr. Joseph Gerrish. May 7, 1673. Elisha Elsie (Ilsley?) -May 7, 1673- James Bayley. May 7, 1673. Dani : Cheny. May 7, 1673. Joseph Browne. t May 7, 1673- Sam : Poore. May 7, 1673- Moses Pilsbury. May 7, 1673. Benja: Morse. May 7, 1673. Sam : Bartlet. May 7, 1673. John Noyes. J Jan. 9, 1 6^3-4- Cutting Noyes. J Jan. 9, 1673-4- John Lunt.l Jan. 9, 1673-4- .¦\bra : Adams. J Jan. 9, 1673-4- John Badger.j Jan. 9, 1673-4 Joseph Gerrish. i Jan. 9, 1673-4- THE SETTLEMENT AT MERRIMACK RIVER 103 Name. / Admitted. Mass. Colony Records. John SewaU.' May 12, 1675. Vol. v., p. 536. John Richardson. May 12, 1675. Vol. v., p. 536. Sam: Sayer. .May 12, 1675. Vol. v., p. 536. Benj» Morse. May 12, 1675. Vol. v., p. 536. Ipswich Court Records. Tho: Wells. Sept. 28, 1675. Book 1 1., leaf 271. Joseph Morse. Sept. 28, 1675. Book II., leaf 271. Mass. Colony Records. Rich. Dumer Jun.* May 23, 1677. Vol. v., p. 537. Hen: Short.* May 23, 1677. Vol. v., p. 537. Steph : Greenleaf. May 23, 1677. Vol. v., p. 537. Jacob Topan.* May 23, 1677- Vol. v., p. 537. Rich : Bartlet, Jun.* May 23, 1677. Vol. v., p. 537. Jno : Dole. Oct. 15, 1679. Vol. v., p. 539. Ipswich Court Records. John Sewall. April 15, 1679. Book 1 1., leaf 340. Charles Annis. April 15, 1679. Book 1 1., leaf 340. John Pengitta (Pettingell ?) AprU 15, 1679. Book II., leaf 340. Caleb Boynton. March 29, i6Si. Book IL, leaf 362. Mass. Colony Records, Daniel Lunt. Feb. 7, 1683-3. Vol. v., p. 541. Daniel Merrill. Feb. 7, 1 68 2-3. Vol. v., p. 541. Wm. Moody. Feb. 7, 1682-3. Vol. v., p. 541. George .March. May 16, 1683. Vol. v., p. 542. Joseph Knight.f Feb. 13, 1683-4. Vol. v., p. 542. Tymothy Noys. Feb. 13, 1683-4. Vol. v., p. 542. James Jackman. Feb. 13, 1683-4. Vol. v., p. 542. Wm Elsly.t Feb. 13, 1683-4. Vol. v., p. 542. Dane! MerriU. May 7, 1684. Vol. v., p. 542. Jno Bartlet. May 7, 1684. Vol. v., p. 542. COMMISSIONERS TO END SM.\LL CAUSES. May 6, 1646, the General Court adopted the following order : " Mr. Edw"^ Rawson, M"" Woodman, & Hen : Shorte, whom Newbu'^y have chosen to be ord''ers of their affaires, are authorized to end small causes ;"| and the next year, under the date of May 26, 1647, ''Mr. James Browne, Mr. John *" Jacob Topan, Rich: Bartlet Rich: Dumer Jun and Henry Short took the freemens oath March ;6,'i673." (Ipswich Court Records, book II., leaf 300). t" Joseph Knight, William EUsly & John Gilbert (?) of Newbury being by the certificate from ye secretary allowed to be freemen, took ye oath March 25, 1684 " (Ipswich Court Records book III., leaf 22) X Massachusetts Colony Records, vol. ii., p- 148. I04 HISTORY OF NEWBURY Lowle, & Henry Shorte " were appointed to end srnall causes at Newbury.* i Subsequently the county courts and Court of Assistants were authorized to license the commissioners for small causes " w"^ clarks of y^ writs." f April 27, 1648, " -M'' James Browne, M'' William Gerrish & William Titcombe" were chosen by the inhabitants of Newbury "for the ending of small causes in this town for this year." % At a general town meeting held April 19, 1649, "M"' William Gerrish, 'W Woodman, & John Pike were chosen to end small causes in this towne for the year ensuing." t May 23, 1650, "vppon the request of the towne of New berry, Edward Woodman, \Mlliam Gerrish & Richard Kent are appoynted to end small causes there according to law." § At the county court held in Ipswich March 2.5, 165 1, William Gerrish and John Pike, jr., appeared, and vi-ere sworn " commissioners to end small causes at Xewberr}^" Mr. Ed ward Woodman was also named commissioner, but was not sworn at that date. || March 29, 1653, "Capt. Gerrish sworn commissioner to end small causes in Newbury." ^ " ^Nlarch 28, 1654, Cap' Gerrish, Nicholas Noyes, and John Pike were sworn commissioners to end small causes in Newberry." ** "March 27, 1655, William Tittcum and Harchales Wood man sworn commissioners for Newbury." tf March 25, 1656, Edward Woodman, Nicolas Noyce, and John Pike sworn commissioners to end small causes in Newbury. |t November 26, 1656, Capt. William Gerrish sworn commis sioner, etc., for Newbury." §§ • .Massachusetts Colony Records, vol. ii., p. 191. John Lowell died June 29, 1647. "Sept. 2^. 1647 John Saunders appointed to be in the room of Mr Lole to end small causes at Newberry." (Ipswich Coun Fiies, vol. i., p. 10.) t Massachusetts Colony Records, vol. ii., p. 1S8. + Town of Xewbury Records, vol. i. § Massachusetts Colony Records, vol. iii., p. 194. II Ipswich Court Records, vol. i. , p. 23. T[ Ibid., vol. i., p. 32. •* Ibid., vol. i. , p. 44. tt Ibid., vol. i.. p. 49. ++ Ibid., vol. i., p. 55. §§ Salem Court Records, vol. iv., p. 20. THE SETTLEMENT AT MERRIMACK RIVER 105 March 31, 1657, Nicholas Noyse and John Pike sworn com raissioners for Newbury.* March 27, 1659, Mr. Nicolas Noyse sworn commissioner, etc., for Newbury, f September 25, 1660, Mr. Edward Woodman, Capt. Will iam Gerrish, and Lieut. John Pike sworn commissioners, etc., for the year ensuing. :j: March 26, 1661, Capt. William Gerrish sworn commissioner to end small causes at Newbury. § March 25, 1662, Capt. William Gerrish and Mr. Edward Woodman and Nicolas Noyse, chosen to end small causes at Newbury. Capt. Gerrish and Nicholas Noyse sworn. || March 7, 1663, " M"' Woodman, Cap' Gerrish & Nicholas Noyes chosen commissioners for small causes for the year ensuing." ^ March 6, 1664-5, Mr. [Edward] Woodman, Capt. [Will iam] Gerrish, and Nicholas Noyes were chosen.** March 5, 1665-6, Capt. [William] Gerrish, Mr. [Joseph] Hills, and Nicholas Noyes chosen.** March 4, 1666-7, Capt. [William] Gerrish, Mr. [Joseph] Hills, and Nicholas Noyes, chosen.** March 2, 1667-8, Capt. [William] Gerrish, Mr. [Joseph] Hills, and Nicholas Noyes chosen.** ' March i, 1668-9, Capt. Gerrish, Mr. Hills, and Nicholas Noyes chosen.** March 7, 1669-70, Mr. Woodman, Mr. Dumer, and Will iam Titcomb chosen.** September 19, 1670, "M'^ Rich: Dumer, M"^ Edw: Wood man, & Will. Titcomb nominated as commissioners to be ap pointed by the county court." ** March 6, 1670-71, Archelaus Woodman, William Titcomb, and Samuel Plumer chosen commissioners for small causes, to be approved by the county court.** March 4, i67i--2, Mr. Richard Dumer, sr., Lieut. Arche laus Woodman, and Wilham Titcomb, nominated as commis sioners of small causes to the county court. ** * Ipswich Court Records, voL i., p. 59. t Ibid., vol. i., p. 76. X Ibid., vol. i., p. 88. § Ibid., voL i., p. 93. II Ibid., vol. i., p. 108. f Town of Newbury Records. ** Ibid., vol. i. lo6 HISTORY OF NEWBURY March 3, 1672-3, Capt. Gerrish, Nicholas Noyes, and Lieut. Woodman were nominated commissioners. * March 2, 1673-4, Capt. Gerrish, Lieut. Woodman, and Nicholas Noyes were nominated commissioners.* March i, 1674-5, Capt. Gerrish, Lieut. Woodman, and Nicholas Noyes were nominated commissioners. * March 6, 1675-6, Capt. Gerrish, Nicholas Noyes, and Lieut. Archelaus Woodman were nominated commissioners.* March 5, i6j6-j, IMr. John Woodbridg, Nicholas Noyes, and Daniel Peirce, jr., were nominated commissioners.* March 27, 1677, Mr. John Woodbridge, Nicholas Noyes, and Daniel Pearce, jr., are allowed to be commissioners to end small causes at Newbury.f Salem, 29: 9: 16S1 This court receiving a motion of the Constable of Newbury for persons to be aUowed for commissioners of small causes in that towne, the Court doth appoint Cap' Daniell Pearce, Mr Nicholas Noyes & Sergt Tristram ConBn to be commissioners in said causes ac cording to law for this year, they taking the oath appointed by the general court before any magistrate. % March 16, 1685-6, Capt. Daniell Peirce, Lieut. Stephen Greenleaf, sr., and Capt. Thoraas Noyes were nominated as commissioners for small causes. § SPECIAL M.-VGISTRATES. May 19, 1669, the General Court appointed special magis trates for the towns of Dover and Portsmouth, to try criminal cases, take testiraony on oath, swear constables, take acknowl edgments of deeds, and officiate at marriages. The same dav Capt. Nathaniel SaltonstaU of Haverhill, Capt. Robert Pike of Salisbury, and Mr. Samuel Dalton of Hampton were au thorized to do " w"'in their respective townes where they Hue & not elsewhere, whateuer any magistrate raay legally doe " II •Town oi Xewbury Records. t Ipswich Coun Records, vol. iL, p. 287. * Salem Court Records, vol. v., p. 24. § To«"n 01 Xewbury Records. II Massachusetts Colony Records, vol. iv., part I., p. 424. THE SETTLEMENT AT MERRIMACK RIVER 107 Twelve months later the selectmen of Newbury presented the following petition to the General Court, dated May 1 1, 1670: — To ys Honobe Generall Court asserabled at Boston. The Humble request of the Selectmen at Newbury is that inasmuch as their Towne is remote from any Towne where a magistrate dwells ; that Mr Woodman may be Impowrd with MagisterriaU powr in this Towne as other Townes have to the Eastward. John Bartlet. William Chandler. Edm. Morse. Sam. plumer. Caleb Moody.* The indorsement on this petition indicates that it failed to receive the approval of the General Court : " The deputies consent " ; "the magistrates consent not." June I, 1677, Mr. John Woodbridge, sr., was authorized by the General Court to take acknowledgments of deeds and serve as magistrate in the town of Newbury for the year ensuing; and this appointment was renewed May 9, 1678, for one year.f May 28, 1679, Mr. John Woodbridge's commission as magistrate for Newbury was again renewed ; and he was also appointed, at the same time, one of the associate magistrates for the county of Esse.x for the year ensuing. | May 26, 1680, the appointment of Mr. Woodbridge was again brought to the attention of the General Court. The magistrates adopted the following order : — This court considering the remoteness of Newbury from any author ity to act as a magistrate & the benefit that they, by their information, have found in the help they have had by Mr Jno. Woodbridge being invested with magistraticall authority do hereby renew his said com mission. § The deputies declined to concur ^nth the magistrates in the adoption of this order, and the office remained vacant during the year 1680. • Massachusetts Archives, vol. xxxix., p. 376. t Massachusetts Colony Records, vol. v., pp. 145 and 187 X Ibid., vol. v., p. 226. 5 Massachusetts Archives, vol. xxxix., leaf 659. lo8 HISTORY OF NEWBURY At a legal meeting of the inhabitants of Newbury, held October 19, 168 1, it was voted that the name of Mr. John Woodbridge should again be presented to the General Court, and "that the selectmen, in behalf of the town, should peti tion the Court for granting him magistratical powers." * October 11, 16S1, John Richardson, Daniel Poore, Richard Dummer, Tristram Coffin, Caleb Moodyj Thomas Noyes, Anthony Somerby, Francis Brown, and other inhabitants of the town of Newbury petitioned the General Court for the appointment of John Woodbridge as magistrate, to take depositions and acknowledgments, and also to have authority to reform abuSes and solemnize marriages. " In consequence of the largeness of the town and the frequent concours of vessels," they consider the appointment of a special magis trate necessary, and recommend " Mr. John Woodbridge as ye fittest and most able person for such a work in this place." The magistrates voted to grant this petition, but the deputies "consented not." f In a petition dated February 15, 168 1—2, "to the court now sitting in Boston," Samuel Plumer, Joseph Pike, George March, and Moses Gerrish, selectmen, state that the town of Newbury is greatly inconvenienced for want of a magistrate, and therefore ask that one of the three commissioners ap pointed to end small causes in Newbury may be authorized to punish criminals, and do what any other magistrate may do.i: This petition was not agreed to by the magistrates and deputies. ]May 16, 1683, John Woodbridge was chosen an "assist ant " to the General Court, and by virtue of that office was invested with magisterial power.§ May 7, 1684, he was again chosen; and, June 4, 1685, upon motion of Richard Bartlet, deputy from Newbury, " Mr. John Woodbridge was author ized to administer oaths and join persons in matrimony." {j "December 24, 1690 Mr. John Woodbridge and Capt. Daniel Pierce of Newbury, and each of them are impowered ^Tou-n of Newbury Records. t .Massachusetts Archives, vol. cxii., leaf 328. JIbid., vol. xxxix., leaf 726. § Massachusetts Colony Records, vol. v., p. 407. II lbid.,vol. .., p. 483. THE SETTLEMENT AT MERRIMACK RIVER 1 09 to join Persons together in raarriage in that Town according to the Direction of ye Laws in that behalf made." * TOWN OFFICERS. At a meeting of the inhabitants of Newbury held in April, 1647, Abraham Toppan, Anthony Somerby, Henry Short, Nicholas Noyes, Richard Kent, jr., John Pike, jr., and Stephen Kent were chosen " to act in y= Prudential affaires of y"= Towne for one whole yeare from ye date hereof." f John Pemberton was chosen constable ; and Nicholas Noyes, William Titcomb, and Stephen Kent were chosen way wardens, or surveyors of the highway. April 27, 1648, John Pike, jr., Nicholas Noyes, and Wil liam Titcomb were chosen to attend to the prudential affairs of the town. Archelaus Woodman was chosen constable, William Moody and John Bartlett, way wardens,f and William Ilsly and Robert Coker, haywards. The same day, " It was ordered that the meeting for the election of town officers should be held hereafter on the first Monday in March of each year." f April 19, 1649, John Saunders, William Titcomb, and Archelaus Woodman were chosen " to act in y^ prudential affaires of the town according to the former commission given them from the Towne, for this yeare ensuing." f The same day John Bartlett vvas chosen constable, John Pemberton, Henry Short, and William Ilsley, way wardens, 'and John Swett, leather searcher. It was also ordered that such men as are chosen to bee way wardens should have such power as the Towne can conferre upon them to im pose any fine, under ten shUlings, upon any person or persons that are delinquent about the services of the highway, the one halfe to bee to the use of the way wardens & the other halfe to such as doe the work provided that they give sufficient warning.f There is no record of the election of officers nor of any meeting of the freemen of the town, with one or two excep- * Mass. .\rchives, vol. xxxvi., p. 260. tTown of Newbury Records, vol. i. no HISTORY OF NEWBURY tions, from the year 1649 to 1663. The pages on which the votes and orders were recorded for nearly fifteen years have probably been destroyed, by accident or design, and therefore a complete list of the town officers cannot be given. "March 7, 1663-4, there was chosen to act the prudentialls of the Towne for this yeare Archelaus Woodman, WiUiam Titcomb, Henry Jaques, Leift John Pike & John Cheny Senr." William Chandler chosen constable. March 6, 1664-5, John MerriU, Daniel Peirce, Senr, John Knight, Junr, Samuel Plumer, & Thomas Hale, Junr, chosen to attend to the prudential affaires of the town. Samuel .Moody constable. Capt. Ger rish & Daniel Peirce, way wardens. March 5, 1665-6, John Poore, WiUiam Ilsley, Leift Pike, Robert Coker, and Richard Kent, Selectmen. Caleb Moody, Constable. John Baily, Samuel Moody, & Edward Richardson, Surveyors of Highways. March 4, 1666-7, Leift Pike, William Ilsley, Abraham Tappan, WU liam Titcomb. & Archelaus Woodman, Selectmen. Thomas Hale Senr, William Pillsbury, &: Robert Coker, Surveyors of Highways. WiUiam Chandler, Culler of Staves. March 2, 1667-8, Richard Dole, Tristram Coffin, Richard Kent, John Knight, Junr, & Daniel Peirce, Selectmen. Nathaniel Clarke, Constable. John Webster, Robert Adams, John Merrill, & John Emery, Senr, Sur veyors of Highways. March i, 1668-9, Joh° Poore, Senr, Richard Dole, John Knight, Tris tram Coffin, & John Bartlet, Senr, Selectmen. Daniel Peirce, junior, Constable. March 7, 1669-70, John Bartlett, Senr, William Chandler, Edward Moores, Samuel Plumer, & Caleb Moody, Selectmen. May 21, 1670, Daniel Peirce, Senr, Thomas Hale, Senr, & Hugh March, Surveyors of Highways. " Ordered to mend only the country hy-ways." Sept. 19, 1670, Capt. Gerrish, and Daniel Peirce Senior, Surveyors of Highways. March 6, 1670-71, Mr. Richard Dufner, Steven Greenleaf, Caleb Moody, John Emery, Junior, & Samuel Moody chosen to attend to the prudential affairs of the town. Sept. 20, 1671, Samuell Pluiner chosen constable. March 4, 1671-2, Mr. Richard DuiSer, Senr, Thomas Hale, Junr, Eq. sign GreenleUfe, Richard Bartlet, & John Bayly chosen to attend to the prudential affairs of the town. Capt. Gerrish, Mr. Peirce, & Peter Cheny, way wardens. Sept. 17, 1672, Benjamin Rolfe, Constable. March 3, 1672-3, Samuell Plumer, Daniel Peirce, Junr, Anthony THE SETTLEMENT AT MERRIMACK RIVER HI Somerby, Richard Bartlet, Rich: Dole, chosen to attend to the pruden tial affairs. Aug. 29, 1673, John Baily, Constable. March 2, 1673-4, Daniel Peirce, Junr, John Emery, Junr, Samuel Moody, Ensign Greenleafe, & Anthony Somerby chosen to attend to the prudential affairs. March 18, 1673-4, John Baily, John Webster, Robert Coker, & Thomas Hale, Senior, way wardens, " and such persons as have bin be hind these two years shall attend when Capt Gerrish calls them to it to mend the way from the meeting-house to the miU." March i, 1674-5, Anthony Somerby, Ensign Greenleafe, Daniel Pierce, Junr, Robert Long, & Nicholas Noyes chosen to attend to pru dential affairs. March 6, 1675-6, WiUiam Titcomb, Henry Jaques, ffirancis Browne, Berfjamin Rolfe, & Peter Cheney, Selectmen. Joseph Pike, Constable. Henry Jaques, Thomas Hale, Senr, & James Ordway, Surveyors of High ways. March 5, 1676-7, Mr Thomas Noyes, Henry Jaques, Peter Cheny, Joseph Baily, & Anthony Somerby, Selectmen. Joseph Pike, Constable. Thomas Hale, Senr, George Little, William Sawyer, & Robert Coker, Surveyors of Highway. John Poore, Senr, Surveyor Highways on ye necke. Anthony Morse & Steven Swett, Sealers of Leather. March 4, 1677-8, Nicholas Noyes, Anthony Somerby, Thomas Hale, Junr, Daniel Peirce, & Henry Short, Selectmen. Joseph Pike, Constable. March 3, 1678-9, Henry Jaques, Capt. Daniel Peirce, Peter Cheney, ffrancis Browne, & Anthony Somerby, Selectmen. Joseph Pike, Con stable. March 26, 1679, Moses Pillsbury and Steven Swett, Sealers of Leather. June 18, 1679, Abraham Adams, Thomas Hale, Junr, W'illiam Pils bury, & Robert Coker, Surveyors of Highways. March i, 1679-80, Mr Richard Dumer, Capt. Daniel Peirce, Tristram Coffin, Peter Cheny, & Anthony Somerby, Selectmen. Joseph Pike,* Constable. March 24, 1679-80, John Emery, John Webster, Abraham Adams, Thomas Hale, Junr, and John Knight, Surveyors of Highways. Aug. 30, 1680, Hugh March, Senr, chosen dark of the market to seal weights and measures, "and see that they be according to the standard." March 7, 1680-81, Joseph Pike, Samuel Plumer, George March, Nicholas Noyes, & Moses Gerrish chosen Selectmen. Mr. Richard Dumer, Tristram Coflin, & James Ordway, Way Wardens. * Mr. Thomas Noyes was chosen constable, but evidently did not wish to serve. " The Towne voted that Joseph Pike should serve the Towne this yeare in the ofiice of constable, Mr. Noyes giving him forty shillings & the towne twenty shillings." (Town of Newbury Records.) 112 HISTORY OF NEWBURY March i. 1 68 1-2. Nathaniel Clarke, John Bartlet, Sen., Francis Browne, Joseph Bailey, & James Ordway chosen Selectmen. March 13, 1682-3, Mr Henry Short, Mr Thomas Noyes, Mr Richard Dumer, Joseph Baily, & Capt. Daniel Peirce, Selectmen. ".Mr. Dufner, Tristram Coffin & Ensign Steven [Coffin?] appointed standing way wardens to see that every inhabitant do their part on the hye wayes." .March 11, 1683-4, Mr Nicholas Noyes, Abraham Adams, Abraham MerriU, Joseph Pike, & Robert Long, Selectmen. .March 10, 1684-5, Capt. Thomas Noyes, Abraham Merrill, Caleb Moodv, Ensign Greenleaf, John Kent, Senr, chosen Selectmen. John Badger, Constable. .March 9, 16S5-6, Henr\- Short, Sergt John Badger, Benjamin Morse, Serg' Joseph Little, & Serg' Cutting Noyes were chosen Selectmen. .March 16, 1685-6, Joseph Ilsley and Moses PUsbery, Constables. October 26, 1686, Henry Jaques, Serg' John Emery and Corp. Abra ham Adams, way wardens. April 22, 1690, the following persons were chosen Surveyors of the highways : " Joseph Knight for the old Towne, Joshua Mors for the midle sd Towne, John Emery, Junr for j-e new Towne, & Joseph Good ridge for the farms." * \ SELECTMEN. The duties and responsibilities of the selectmen were evi dently undefined and imlimited until May 21, 1669, when the town adopted the following rules and regulations : — I. The Selectmen shall have power to call the town together. 2. To order the business for the herds and to make Mr Parkers Rate of ^So pr ann. 3. They shall prohibit of all felling of the Towns timber for trans port. 4. They shall make Rates for the necessary e.xpenses of the Towne & also to make the County & Country Rates. 5. To repair the meeting house, pound & stocks. 6. To looke that all strangers that come into the Towne, that they may have warning to depart in due season and to serve it according to law in & about the Towne. 7. They shall do nothing else without caUing the Towne together to have their approval. S. They are to give up their accounts at the [end of the year] to the Towne. .And also to [ ]." f *Town of Newburj' Records. t Ibid., vol. i. THE SETTLEMENT AT MERRIMACK RIVER 113 In 1677, the sixth rule was amended, and the selectmen were instructed " To prohibit all strangers from setling in the Towne w"^out y^ Towns consent " ; and the following additional rules were adopted : — They shaU not build any seats in the meeting house nor alter them without the Towns consent. They shall prohibit any Inhabitant from takeing in any sheep, cattle, or horses of the Inhabitants of other Towns to keep on the Towns Coinons & to make orders for that end. These rules, with a few unimportant changes, were annually adopted by the inhabitants of the town for nearly twenty years. March 9, 1685-6, It was voated as an Adition to y= Selectmens In structions that the Selectmen from time to time shaU make up ye ac counts w* him who was constable ye year before by the first of May, annually. The constables are hereby ordered to give up theyr accounts to ye Selectmen by ye s of Newbury Records. THE SETTLEMENT AT MERRIMACK RIVER 129 bury seized and delivered to Joseph Pike twenty one red oak trees and sixteen white oak trees at the south east end [of the town's commons] near Savages rock and the westerly end of Long hill near Merrimack river." * December 19, 1-695, the sheriff was ordered to seize all timber that had been cut on the common land without per mission. The same day James Brown, deputy sheriff, seized between two and three thousand staves and a large quantity of cut and hewn timber which he marked " with the Broad Arrow," and delivered to the selectmen of Newbury.* ¦March 12, 1 716-7, Lieut. John March and Mr. Henry Rolfe were authorized to prosecute " all persons who have, or shall hereafter, cut down or deface any tree or trees standing on any of the Highways or training places within the limits of the town : and shall do all things needful for preserving all trees on the said ways." * An oak-tree that was perhaps a century old when Newbury was settled, in 1635, is still standing on land now owned by William Little and others. On the next page will be found a photographic view of this venerable representative of the primeval forest. " What tales, if there be ' tongues in trees,' This giant oak could tell Of beings bom and buried here, — Tales of the peasant and the peer, Tales of the bridal and the bier, The welcome and farewell." " The Gerrish pasture " where this ancient oak tree stands was the property of the First Parish of Newbury for more than Uvo centuries. At an auction sale, April 6, 1875, it was purchased by Robert A. Smith, Joseph W. Bartlett and others.f The underbrush, small limbs and boughs cut from tree-tops, valueless wood and decaying timber that interfered with the growth of the herbage and the pasturage of cattle, was annually gathered in convenient nooks and consumed by fire. The * Town of Newbury Records. t Essex Deeds, vol. cmxxi., p. 274, and vol. cmiixiv., p. 217. THE SETTLEMENT AT MERRIMACK RIVER 131 selectmen were authorized to employ suitable men for that purpose. The earliest appointment recorded is as follows : "March 10, 1674-5 John Emery Jun' undertakes the burning of the woods & making the dry herd hedg sufficient." * March 22, 168 1-2, the selectmen agreed with William Bolton to keep the dry herd ; " and he is to burne the woods and make up the flatts fence and for that he shall be paid fourteen shillings." * April 6, 1685, the selectmen "agreed with William Bolton for ten shillings to burn the woods this yeare." * March 22, 1685-6, the selectmen appointed Benjamin Morss " to burn the woods this year above Artichoak River and to have for his pains ten shillings out of y= nexte towne Rate." * HORSES, CATTLE, AND SWINE. Stock-raising was an important industry in the town of Newbury for more than fifty years after its incorporation. At first horses, cattle, and swine were allowed to run at large ; and, in order to keep them from trespassing upon cultivated fields and gardens, it became necessary to employ herdsmen, and also to provide a suitable enclosure where they could be con fined, if vicious or unruly, and released by the owners on the payment of a certain fixed and definite sum.. February i [1637-8], the freeholders ordered "that Jn° : Emery shall make a sufficient Pound for the towne two rod &¦ halfe square by the last of this present month if he cann, the towne affording him what helpe they can, when he calls for it ; & when' it is finished, that the towne & hee shall agree about the price & if they cannot that then it shall bee judged by two indifferent men to be chosen one by the towne, the other by himselfe." f Evidently, Mr. Emery was unable or unwilling to undertake the task of building a pound, and therefore the town ordered April 14 [1638] "that Richard Brown, the constable, shall cause a sufficient pound to be made by the twenty-first of this moneth to impound swyne and other cattell, in the place that •Town of Newbury Records. t Ibid., vol. i. 132 HISTORY OF NEWBURY shall be shewed him and of that largeness which shall be thought fitt, this to be done on the penalty of 20^. The men to appoint the place and manner of the pound are M'' Rawson, Henry Short, John Knight and Rich : Knight." * On the fourteenth day of April, 1638, the selectmen agreed " that Nich : Batt shall keepe the heard of kine be gining the re"" of March, 8 months thence till the 16* of November, & that he shall have 18 pounds for his labor, w"* is to be payd 40 bushells of corne at 4= 6^ the bushell, three months after har^^est ; & nine pounds in money whereof [ ] is to be payd presently & 4"' the first of July, & the rest at the end of the terrae of eight months provided he is to keepe them [out] one Lords day & the towne two." * On the margin of the above record the names of Jno : Woodbridge, Edward Rawson, Edward Woodman, Henry Short, and Richard Knight are inscribed in token of their assent to the agreement. At a meeting of the inhabitants of the town held August 25, 1638, it was ordered " that Tho : Halle and John Baker shall be hay wards till the town shall appoint new, & that they shall have a speciall care of the impounding of swine ac cording to order. And farther it is ordered that whatsoever swine is impounded, if it be not known whose it is, that then it shall be kept by the hay wards, the person satisf3dng when he is knowne : if it bee knowne & the owner thereof shall not satisfy for it within twenty foure hours that then it shall be lawfull for the hay wards to sell them according to order." * March 12, 1641-2, the freeholders voted "that all the commons within the limits of the towne shall be equally divided into three several parts and that the same number of cattle that are allowed in the stint of the cows and oxen shall be allowed in the heifer common and a third like quantity of young cattle above Mr. Rawson's farme." f In compliance with this vote the cow common, the ox cora mon, and the heifer common were laid out, and five hundred and sixty-three " rights " in each pasture were divided among '• Town of Newbury Records, vol. i. * Proprietors' Records, vol. i. THE SETTLEMENT AT MERRIMACK RIVER 133 the freeholders in proportion to the nuraber of acres of land owned by them. Two years later, when arrangements were being made for the removal of the inhabitants of Newbury to the new settle ment (now Newburyport), suitable fences in the new town were considered necessary for the convenience of householders and the protection of gardens and fields from the intrusion of cattle. January 10, 1643-4, the freeholders ordered "that all fences generall and particular at the first setting up shall be made and always kept so sufficient as to keepe out all raan ner of swyne and other cattle great or small, and at whose fence or part of fence any swyne or other cattle shall break through, the person owning the fence shall not only beare and suffer all the damages, but shall further pay for each rod so insufficient the somme of two shillings, w"*, by the constable for the time being shall be gathered by order from the order ers of the Towns affairs & at their dispose." * On the same day the town also ordered " that the owners of all such cattle as the towne shall declare to be unruly and excessively different from all other cattle shall pay all the damages their unruly cattle shall doe in breaking through fences." * At a meeting of the freeholders, held December 19, 1650, it was ordered "that all swine shalbe Yoaked and Ringed and if any be not and do trespass in corn fields, gardens, mead ows, pasture grounds, and comons, the owners of the land, or the hay wards, shall have libertie to drive them to the pound, and shall have sixepence a head for pasturage of the owners of such swine, and [ ] head in case they drive them above a mile." * Swine properly yoked could not gain access to cornfields and gardens protected by fences, and with a ring in the snout could do no damage to the growing crops by rooting. During the fall and winter horses and cattle were allowed to run at large on Plum Island and in the upper and lower comraons. March 7, 1663-4 the selectmen ordered "that all horses *Town of Newbury Records, vol. i. 134 HISTORY OF NEWBURY and dry cattle are to be cleared out of Plum Island & also out of the comons upon penalty of two shillings sixe pence p"' head to any p'son or p'sons that shall impound them & also the same penalty of 2= 6"^ p"^ head if they be impounded out of any en closure or propriety being sufficiently fenced." * The upper common, extending from the Artichoke river to the Bradford line, included nearly all the territory within the present limits of the town of West Newbury, while the lower commons on the southwesterly side of the country highway, now High street and Storey avenue, Newburyport, extended from the Artichoke to the Parker river, and included the pastures set apart for the use of cows, oxen, heifers, and sheep. For the protection of the cattle in the upper common it became necessary to provide additional safeguards, and a. com mittee was appointed to consider the subject and report the result of their investigations to the freeholders of the town. They recommended That there be forthwith a larg penn made and a small house built for the shelter for herdsmen, in a convenient place where land afterwards may be improved for tillage, if the Towne see meet. Also that two herdsmen be provided to attend and follow the cattle the whole soiner carefully to keep the cattle from coming neare the lower comons and penned every night. This was voted at a Generall meeting of the Towne, April 25, 1665 and that the Selectraen shall have full power to do what is above speci fied and to build the house and get the pen made. Anthony Somerby.* At a meeting of the Selectraen held April 28, 1666 It was ordered that aU swyne that are taken upon any of the cow coinons shalbee sufficiently Ringed upon penalty of twelve pence a head to any freeholder that shaU Impound them, and if any swyne shall take into any man's ground doing damage in corne pasture or meadow or otherwise not being sufficiently yoaked and Ringed the owners of such swyne shall pay all damages and twelve pence a head to any one that shall Impound them.* March 16, 1667-S, the above order was again adopted, with *To\\Ti of Newbury Records, vol. i. THE SETTLEMENT. AT MERRIMACK RIVER l3S this additional clause : " provided the fence viewers do judge the fence is as ordered against Great Cattle." Horses, and cattle belonging to the dry herd, were not al lowed to feed on the lower commons during the summer sea son. They were to be fettered, confined in private enclosures, or placed in charge of the herdsman and driven to the upper common. June 12, 1666, the Selectmen "Ordered that all horses, mares & geldings (except yearlings) that are in the home Comons (as at Old Towne, the necke & on this side the Mill River & so within a mile of the house lots at new towne) shall within three days forthwith of the date hereof, be cleared away from the said comons and not to be suffered to continue to feed thereon under the penalty of two shillings p'' head unto any freeholder that doth impound them, excepting also such as the freeholders do constantly make use of for their neces sary Imployment, the which are also to be sufficiently fettered or else not to go upon the said comons under the penalty of three shillings per head unto any freeholder that doth Impound any such horsebeast from off the said comons : also all dry cattell (except such as are permitted to go in the home comons) shall bee cleared out of the said comons within two days of the date hereof under penalty of twelve pence p"^ head to any freeholder that doth impound them provided they be not such as have bin delivered to the keeper." * At a meeting of the selectmen held May 27, 1668, it was " ordered that all dry Cattell, that is to say all cattell except milk cowes & working oxen & yearlings shalbe cleared out of the cow comons to morrow under penalty of paying two shillings for every beast that shall be found upon the cow comons after to-morrow [ J drive them up into the dry herd comons & every Inhabitant are hereby injoyned to pay to the dry herdsman for all such cattell, as well the farmers as others, whether their cattell go up to the herdsman or not, if they go in any part of the Townes comons and every Thursday in every weeke the herdsman is to attend to drive up all such cattell if any come down after they be put up." * • Town of Newbury Records, vol. i. 136 HISTORY OF NEWBURY April 27, 1670, the selectmen ordered AU dry cattle to be cleared out of the coinons between this and the sixteenth of May next under penalty of two shUlings a head to be levyed upon the owners of such cattell that shalbe found vpon the coinons after that day, except such as shall come doune againe from the dry herd & if any come doune the herdsman is to attend every thursday to drive up such as shaU come doune, and the farmers are to pay for their catteU as well as others whether they be drove up or not. Also all horses & horse kind are to be cleared out of the coinons by the twentieth of May . . . except such horses as are in coinon vse for mens necessityes and they are to be fettered and clogged. * Similar orders were annually issued until the upper com mons were divided among the freeholders of the town in 1686. The order for 1676 reads as follows : — All Dry Cattle shalbe cleared out of the Cow Comons. And the Day appointed for the heardsman to Drive them up is thursday . . . the tenth day of this prsent month and all from the pound to the old Towne shall then be brought to the pound and all the rest to meet the heard in the way as they shall go along. And such dry Cattle as shalbe found on the Cow Cofnons after the tenth Day of May above said, their own ers shaU pay two shillings a head to the keeper, except it be such as had bin drove up & doe come down againe and they to be presently drove up againe by the i6th of May.* April 19, 1677, the selectmen issued the followmg notice : — Whereas there was an order published March 27, 1677 that aU horses & horsekind should have bin cleared out of the Cow Comons by the tenth day of April last past & there is nothing done about it, This is to give notice to the Towne that next Munday there is appointed men to Drive to the said Coinons & to Impound all such horses or hors- kind that are not fettered or clogged (according to that order) that are found upon the Cow Comons then, & their owners shall pay two shil lings a head to the Impounders for every head that are so Impounded.* At a meeting of the selectmen held May 31, 1680, "It was ordered that all dry cattle that goes in the Towne Com ons shall pay to the Dry herdsraan as much as they doe that are driven up to Artechoke And all Inhabitants are *Town of Newbury Records, vol. i. THE SETTLEMENT AT MERRIMACK RIVER 137 hereby required to drive all their dry cattell up to Artechoke Comons And John Webster & Moses Little Sc Henry Somerby are appointed to cleare the Cow Comons & to im pound all horses & horsekmd that are found unfettered upon the Cow Comons & to have two shillings a head according to Towne order to be paid by the owners, or else in case of re- fusall to be Leavyed on their estate by the Constable." * In the spring of 1672, William Bolton was employed "to keep the dry heard, as formerly, and drive up the cattle when they come down, receiving from the owners twelve pence a head for his services." He evidently continued to serve in that capacity for ten years or more. March 22, 168 1-2, the selectmen agreed \vith him to begin the first day of May ne.xt to drive the cattle to the upper commons "for sixpence a head to be paid in Malt or Indian Come " ; and May 20, 1685, he was chosen "to keep the dry cattell in the upper Commons above the hedge, and to take care for y^ repayring of such breaches as should be in the hedg from time to time." In order to prevent, if possible, the taking of wood and timber from the comons, and the pasturing of cattle there, by persons not entitled to that privilege, " Capt. Gerrish, Left Woodman Sen"" & John Knight were chosen " at a meeting of the freemen and freeholders held May 8, 1674, " to Joyne with the selectmen to agree upon & prosecute an order against non-freeholders for this year ensuing for their fire wood, tim ber, feed for their cattle, horses, sheep & swyne going on the Comon, and the non-freeholders are hereby warned to appeare next Wednesday come seavenight at seaven of the clocke in the morning at the Ordinary." * June 18, 1675, this committee, having in the mean while been authorized to make all needful rules and regulations for the protection of the wood, timber, and pasturage of the com mons, ordered " that every non-freeholder shall pay for every horse, or horsekind, going upon the comon, five shillings to the Towne & two shillings & sixpence a head for every neat beast, and five shillings for everj- score of sheep & twelve pence a head for every swyne to be paid to the constable for the * Town of Xewbury Records, vol. i. 138 HISTORY OF NEWBURY Townes use every year, and two & sixpence for every load of wood, to be paid In when the Towne Rate is & in case they do not pay then they shalbe distrained by the Constable & pay double what is above expressed." * SHEEP AND SHEEP PASTURES. Previous to the year 1665 the freeholders of Newbury paid little attention to the raising of sheep, but subsequently sev eral large flocks were kept near the centre of the town. May 27, 1668, they ordered "that every Inhabitant of this Towne whose sheep goeth upon the Comons shall mark his sheep with a peculiar pitch marke when they are shorne under penalty of twelve pence the head for every such sheep that shall be found unmarked," etc.* April 27, 1670, the selectmen ordered that in consequence " of the great Damag that sheep doth in Meadowes, pastures & corne fields " . . . " all sheep that goes upon the Comon shall go under a keeper & after they are shorne they shall have the peculiar pitch mark of their owners set upon them." * April 19, 1677, they ordered "that the two flocks of sheep that goes in the middle part of the Towne (viz :) the flock which was called Henry Shorts flock shalbe kept within the bounds of Henry Jaques corner of his pasture over to the end of Amos Stickneys land next Trotters Bridge as far as the Pine Swamp & stony brooke. And that flock that was called M' Peirces flocks shall go from the said Jaquesses pasture & Sticknyes corner as far as James Sraiths & so over Trotters Bridge so far as stony brooke. And the sheepards are to looke to their flocks that they Do no Damage in any man's propriety on penalty of paying the Damage, and they are hereby forbidden to medle with any other sheep that do not belong to their flock unless by accident they shall mixe, and in such a case they shall part them againe with speed & returne them or else they shall pay all Damages the owners may or shall sustaine by it." * May 14, 1677, the freeholders of the town ordered that * Town of Newbury Records. THE SETTLEMENT AT MERRIMACK RIVER 139 sheep belonging to the inhabitants of neighboring towns " shall not be allowed to feed on the commons but shall be removed forthwith." March 14, 168 1-2, the bounds and limits of the sheep pastures were defined as follows : — All sheep shall be kept in that part of the coinons where their owners live. The inhabitants of the old town to keep their sheep there. The next flock to be kept from Lob's pound and over the mill bridge to Henry Jaques his pasture. And the next flock from thence to James Smith's and over Trotter's bridge. And the inhabitants from James Carrs to Mr John SewaUs and Jacob Toppanes are the frog pond flock and their range shall be the Aps swamp from James Smith to George iVIarches bridge and dismall ditch and Robin's pound, and Moses Pils bury and the further end of the towne are to have the plaines for their flock." * "Lob's pound" was near the residence of the late Hall J. Leigh ; " Mill bridge," now Four Rock Bridge, was over Little river ; Henry Jaques's pasture was at a bend in the road lead ing to the mill, now known as Morse's corner ; James Smith's farm was near the brick-yards; and "Trotter's bridge" was over a branch of Little river in Floyd's lane. In 1683, seven hundred and four sheep, owned by sixteen persons, were pastured in the "third range," extending from Henry Jaques' pasture to James Smith's farm and Trotter's bridge, f At a meeting of the selectmen held May 31, 1688, the bounds and limits of the sheep pastures were readjusted. It was then ordered that for the old Towne flock ye bounds are wthin the Compas of the old Towne as far as ye Widdow Knights. And for that flock yt is known by ye name of Henry Shorts flock the bounds on the Towne side at the River is from Henry Shorts land on the southeast, all the comons as far as a run of water that runs out of Mr Gerrishs pasture running by Stephen Jaquess pasture & so into Capt Noyess meadow w<:h si^ run of water is the northwest bounds of sd fflock & on the other side of the Mill River the Stony Brooke at the mouth of it is the Bounds & so upwards into the woods by that branch of it that runs by Abram Adams his field & so by tlie great Black ash swamp & so up into the woods. * Town of Newbury Records. t Coffin's History of Newbury-, p. ijq. I40 HISTORY OF NEWBURY For the flock known by the name of Capt Peircess flock ye southerly bounds is bounded by the flock afores"* & ye northwest bounds as far as James Smiths on this side of the River & over the MiU River at Trotters Brido- the northwest bounds is the slough that runs into John Atkinsons meadow & so up into the woods westerly For the ffrogg pond flock ye southerly bounds is the slough w<:i» is the northerly Bounds of the flock aforesd & from thence to James Smiths & ye northerly bound is to run uppon a straight line from Moses pilsburyes to Joseph Littles. For the Artichoak flock the southerly bounds is from Moses pils buryes to Joseph LitUes on a Straight Line." * DOCTOR HENRY GREENLAND. March 31, 1663, John Emery was presented to the court at Ipswich " on suspicion of breaking y* law in entertaining Mr. greenland foure months."! At the session held May 5, 1663, "he was fined four pounds and costs & fees for enter taining strangers." % May 21, 1663, he sent the following pe tition to the General Court, signed by himself, the selectmen of Newbury, and other inhabitants of the town : — To the Honrd Generall Court now assembled at Boston, the Humble petition of John Emery humbly sheweth : That your petitioner dwelling in Newbury, It so fell out by the provi dence of God that a certaine gentleman (namely Mr Henry Greenland) coming from England upon his occasion was by reason of his Aquaint- ance with Capt Barefoote &c inclinable to settle in ye country if hee liked & to make use of his practice of phisick & chirugery amongst us : But beeing as yet unsettled & uncertaine where to fix until his wife (whom he hath sent for) did come, By reason of some employment by ye providence of God presented itself to him, He was necissarily put upon it to reside neer such patients as had put themselves into his hands for cure : Among which one being more than ordinarily dependent Hee desired entertainment And your petititioner did for ye reason above mentioned Receive & entertain him this winter past for which I am fined foure pounds by ye hour'* court at Ipswich for Breach of a Law, not hav ing (at first) License under the hand of a magistrate. Hee himself being a stranger & not knowing the Law nor your petitioner . . . The Humble request of your petidoner is That this honrd Court would be pleased to *Town of Newbun' Records. t Court Files (Salem) , vol. ix., leaf 13. + Ipswich Court Records, vol. i., leaf ri8. THE SETTLEMENT A T MERRIMA CK RIVER 1 41 remitt ye saide fine (It Being not done in Contempt, but only as neces sarily occasioned as above sd) wherein ye gentleman hath (by God's blessing) been Instrumentall of much good by his calling both in Physick and Chyrurgery and your poor petitioner shaU ever pray : We the Selectmen & such others as are subscribed. Considering the usefulness of Mr Greenland in respect of his practice in our towne do humbly desire the same if this honrd court please. John Pike Richard Loell Richard Thurlo Antony Somerby Abraham Toppan John Mearell John Bayley Archelaus Woodman Thomas Blumfield Sam : Poore Peter Godfrie Edw : Richardson James Ordway Robert Coker Lionel Worth Richard Fits Stephen Swett John Cheney, Jun Anthony Morse, Sen John Wilcutt Willi : Sayor Robt Adams AbeU Huse Lanslet Granger John Cheney, Sen Anthony Short James Jackman John Knight Joseph Plumer Peter Toppan John Parker, Sen Jeremy Gutridge Thomas Brown Thomas Hale Jun Wi Ui amjritgaiab, John Poore, Sen Richard Bartlet Williain_Morse (And others whose names are illegible). (28) 3. 63 The Magts have considered the grounds of this Pett> & consent not to any revision of the Coun : Courts sentence. Tho. Danforth, pr., E. R. S. Consented to by ye deputj'S provided they may have ye ten shUlings agayne. William Torrey, Clerk. The M agists Consentyes Edw : Rawson, Secry.* The indorsements on this petition indicate that the fine of four pounds was remitted, while the costs, amounting to " ten shillings," were retained by the court, although there is no mention of the petition, or of any action upon it, in the Massa chusetts Colony Records for the session beginning May 27 and ending June 12, 1663. •Massachusetts Archives, vol. A 15, p. 10. 142 HISTORY OF NEWBURY Dr. Greenland was evidently a skilful physician, but pas sionate, unprincipled, and quarrelsome. March 31, 1663, he was charged with making indecent proposals to Mary, wife of John Rolfe. He was convicted and sentenced " to go frora hence to the prision, there to remain until the next session of the court and then to be brought forth and whipt unless he pay a fine of thirty pounds." * He appealed to the Court of Assistants, and gave a bond of two hundred pounds, with Capt. Walter Barefoot and George Goldwire as sureties, to prosecute his appeal. Whether his sentence was revoked or modified in any way is uncertain, as the records of the Court of Assistants for that year cannot now be found. September 27, 1664, he and Capt. Walter Barefoot were both convicted of an assault on William Thomas and Richard Dole in the ordinary kept by Stephen Swett in Newbury, for which they were fined five pounds each.f January 12, 1665-6, Dr. Greenland sold to Israel Webster his house with an acre and a quarter of land on the south west corner of Ordway's lane, now known as Market street, and the way by the river, now Merrimac street, Newburyport ; and February 28 his wife, Mary, released her right of dower.J He probably removed to Portsmouth soon after the sale of this property, and resided there or in that vicinity for several years. George Fountain, captain of the ship "Marmadin," at the Isle of Shoals, wrote, under date of May 28, 1670, to Mr. Richard Cutts, of Portsmouth, that Mr. Henry Greenland came on board his vessel, and pretended to have some acquaint ance with one of the seamen naraed Robert Gardner, to whom * Ipswich Court Records (at Salem), vol. i., leaf 115, t Salem Court Files, vol. .\., p. 33. Capt. Walter Barefoot was appointed deputy govemor of the Province of New Hampshire in 16S0, to attend to the clearing and entering of vessels at PortsmouUi. Stephen Swett's ordinan- ^-as afterwards Itnown as "the Blue Anchor Tavern." See '' Ould Xewbury,'' p. 176. .Among the Provincial Papers relaring to the Province of New Hampshire are two deposi tions, dated July 17 and July 14, 1665, made by Robert Carr, Samuel Mavericke, and George Cartwright, commissioners from King Charles the II., in relation to some expressions of disloyalty on the p.iri of Mr. Richard Cutt of Piscataqua river. In these depositions, or certifi cates, the commissioners promise to protect Mr. Cutt against prosecution "if the said Richard Cutt never molest Thomas Wigin of Dover or Doctor Greenland of Newbury for giving in evi dence .iprtinst him." New Hampshire Provincial Papers, vol. i., pp. 27S, 279. X Ipswich Deeds, book IV., leaf 7. THE SE TTLEMENT A T MERRIMA CK RIVER 1 43 he disclosed a scheme that he said could be made profitable. Enclosed in the letter was the deposition of Robert Gardner, who made oath May 27, 1670, that Mr. Henry Greenland en deavored to induce hira and other merabers of the crew to seize the person of Mr. Richard Cutts, and carry him to Eng- Ismd, " say"' that a small number of men might take him and compel his servants to carry down on their backs such money and goods as was sure to be found there ; and farther that he would maintain the doing thereof in point of law for the said Cutts had spoken treason against the King." * What action was taken in regard to the proposed seizure and abduction of Mr. Richard Cutts is uncertain. Subse quently Capt. Walter Barefoot and Dr. Henry Greenland were involved in a law-suit with Abraham Drake, Benjamin Swett, and Henry Green ; and the court, held at Hampton " y' lo"" day 8™° 1671," ordered the marshall to levy on the " goods, chattels and land " owned by Capt. Walter Barefoot, " at Kittery Point over against y* great ysland," and also upon two thousand feet of pine boards owned by Dr. Greenland.! December 10, 167 1, Jochen Jansen, formerly of Amster dam, Holland, sold to Job Clement, of Dover, and Dr. Henry Greenland, of Kittery, "a good Pinke or Ship called ye Sancta Maria now riding att ancho'' neare y* great Island in y= River of Piscataqua." % The following year Dr. Greenland was accused of disloyalty to the govemment of the Colony of Massachusetts Bay, and was denounced as an impracticable, over-zealous supporter of the king. He was arrested and imprisoned. May 7, 1673, the County Court at York was ordered to pay the expenses and charges, amounting to four pounds, incurred by Mr. Edward Rushworth in seizing Henry Greenland.§ In answer to a petition from the inhabitants of Dover and Portsmouth for the release of Henry Greenland the General Court declared that " it sees no cause to grant their request." || •Massachusetts Archives, vol. Ix., p. 383. The letter and deposition are certified copies of original papers on file in the County Court at Dover, where Dr. Greenland evidently made answer to the charge brought against him by Mr. Richard Cutts, who was one of the magistrates appointed by the Colony of Massachusetts Bay for the towns of Dover and Portsmouth. t Norfolk County Deeds, vol. ii., p. 342 (228, 229) . X Ibid., vol. ii., p. 363 (243). § Massachusetts Colony Records, vol. iv., part II., p. 355- II Va\&., p. 557- 144 HISTORY OF NEWBURY At the same session, in answer to the petition of Mary Greenland, the General Court ordered " that Henry Green land haue liberty to returne into this jurisdiction & abide here vntill the first of September next, for the disposing his estate & remooving his family, prouided he doe in other respects ob serve the order of the court of assistants and depart after the tyme expired." * LAWS RELATING TO THE PUNISHMENT AND ENTERTAIN MENT OF QUAKERS. The first Quakers that came to New England were two female preachers, Mar}- Fisher and Ann Austin, who arrived at Boston in July, 1656, bringing with them a considerable number of books ad\"ocating and defending their peculiar relig ious views and opinions. The books were taken from them and publicly burned in the market-place. The women were thrown into prison, and not long after sent back to England. The General Court in vigorous language declared, October 14, 1656, "Whereas there is a cursed sect of hereticks lately risen vp in the world w"^*" are comonly called Quakers who take vppon them to be imediately sent of God, and infallibly asisted by the spirit to speake & write blasphemouth opinions, despising government & the order of God in church & comon- wealth, speaking evill of dignities, reproaching and reviling magistrates and ministers, seeking to turne the people from the faith & gaine proselites o theire pernicious wayes," etc., the master of any vessel bringing " any knoune Quaker or Quakers, or any other blasphemous hereticks," into any town or harbor within the limits of the colony, shall pay a fine of one hundred pounds for each offence, and the Quakers them selves shall be severely whipped and sentenced to hard labor in the house of correction. The importation of Quaker books was also prohibited, and any person concealing one of these books in his house was liable to a fine of five pounds, f October 14, 1657, this law was amended, and a fine of forty shillings imposed upon anj- person or persons entertaining or concealing Quakers, knowing them to be such. Constables * Massachusetts Colony Records, vol. iv., part II., p. 557. t Ibid., vol. iv., part I., p. 277. THE SETTLEMENT AT MERRIMACK RIVER 145 and magistrates were vigilant and active in arresting and pun ishing offenders. Quakers banished from the colony, return ing without the consent of the General Court, were Uable to be severely whipped, to have their ears cut off, or their tongues bored through with hot irons.* In 1659, Thomas Maey, one of the early settlers of New bury, who removed to Salisbury in 1639, was summoned to appear at the General Court and answer to the charge of en tertaining Quakers.! He was unable, on account of illness, to appear at the Gen eral Court on the day and hour appointed, but in a letter dated October 27, 1659, wrote as follows : — This is to entreat the honored court not to be offended because of my non-appearance. It is not from any slighting the authority of this honored court, nor from feare to answer the case, but I have bin for some weeks past very iU, and am so at present, and notwithstanding my illness, yet I, desirous to appear, have done my utmost endeavour to hire a horse, but cannot procure one at present. I being at present destitute have endeavoured to purchase but at present cannot attaine it, but I shall relate the truth of the case as my answer should be to ye honored court and more cannot be proved nor so much. On a rainy morning there came to my house Edward Wharton and three men more ; the said Wharton spoke to me saying they were traveling eastward and desired me to direct them in .the way to Hampton, and asked me how far it was to Casco bay. I never saw any of ye men afore except Wharton, neither did I require their names, or who they were, but by their carriage I thought they might be quakers and told them so, and therefore desired them to passe on their way, saying to them I might possibly give offence in entertaining them, and as soon as the violence of the rain ceased (for it rained very hard) they went away and I never saw them since. The time that they stayed in the house was about three quarters of an hour, but I can safely affirm it was not an houre. They spake not many words in the time, neither was I at leisure to talke with them for I came home wet to ye skin immediately afore they came to the house and I found my wife sick in bed. If this satisfie not the honored court I shall subject to their sentence : I have not wiUingly offended. I am ready to serve and obey you in the Lord. Tho Macy.J • Massachusetts Colony Records, vol. iv., part I., p. 308. t Previous to 1648 " Thomas Maey was granted an house lot of five acres on the neck over the great River." (Proprietors of Newbury Records, vol. ii., p. 39.) X This letter, by order of the govemor and council of the State of Massachusetts, was delivered tothe Hon. Barker Buswell, of Nantucket, June 13, iSsr. Itwas destroyed by fire, with other valuable documents, when the Nantucket Athenaum was bumed in July, r846. A copy of the original letter is in the Massachusetts Archives, vol. x., p. 253. 145 HISTORY OF NEWBURY Notwithstanding this humble apology the General Court or dered November 12, 1659, "That Thomas Maey pay as a fine the some of thirty shillings and be admonished by the Gouerno''"; and Edward Wharton, who accompanied the Quakers and piloted them from place to place, was ordered " to be whipt w"" twenty stripes & comitted to prison." * The severity and injustice of this sentence induced Thomas Maey, a few months later, to abandon his home in Salisbury, and remove, with his wife and children, beyond the jurisdiction of the colony to the island of Nantucket, then a part of the Province of New York, where he lived for the remainder of his life.f May 22, 1661, the law providing for the punishment of "heretics and blasphemers" was again amended and made still more stringent. Quakers not having a legal settlement in the colony were liable to be seized by constables, " stripped naked from the midle upwards, & tyed to a carts tayle & whipped thro'' the towne." % In this manner they were taken from town to town, and condemned to imprisonraent or death, if they ventured to return. Some of the prominent Quakers residing in London, aroused by these acts of cruelty, sought and obtained an audience with King Charles H., and induced him to issue the following man damus, addressed to " John Endicot, Esq., and to all and every other Governour or Governours of our Plantation of New England " : — Trusty and Well beloved, we greet you well. Having been informed that several of our Subjects among you, called Quakers, have been and are imprisoned by you, whereof some have been executed and others (as hath been represented unto us) are in Danger to undergo the Like : We have thought fit to signify our Pleasure in that Behalf for the future, and do hereby require that if there be any of those people called Quak ers amongst you, now already condemned to suffer Death, or other • Massachusetts Colony Records, vol. iv., part I., p. 407. t He, with Tristram Coffin, Christopher Hussey, R. Swain, Peter CofEn, Stephen Greenleaf, Thomas Bamard, John Swain, William Pile, and others, formed a company for the purchase and settlement of the island of Nantucket, then inhabited by a tribe of Indians. (New England Historical and Genealogical Register, vol. ii., p. 340.) " The Exiles,'* a poem by John G. Whittier, is founded on this incident in the life of Thomas Maey. (See Whittier's Complete Poetical Works, Cambridge edition, p. 14.) ^Massachusetts Colony Records, vol. iv., part II., p. z. THE SETTLEMENT AT MERRIMACK RIVER 147 Corporal Punishment, or that are imprisoned or obnoxious to the like Condemnation, you are to forbear to proceed any farther therein : but that you forthwith send the said Persons (whether condemned or im prisoned) over to this our Kingdom of England, together with the re spective Crimes or Offences laid to their charge, to the End that such Course may be taken with them here, as shall be agreeable to our Laws and their Demerits. And for so doing these our Letters shall be your sufficient Warrant and Discharge. Given at our Court at Whitehall the 9* day of September, 1661, in the thirteenth Year of our Reign.* This mandatory letter, or order from the king, was in trusted to Samuel Shattuck, a Quaker of Salem, who was then in England, having been banished from the colony on account of his obnoxious religious views. When Shattuck arrived in Boston, he was admitted to the council chamber in the gover nor's house. He evidently neglected or declined to remove his hat when- brought face to face with the govemor. " Off with the knave's hat ! " An angry hand Smote down the offence ; but the wearer said With a quiet smile, " By the King's command I bear his message and stand in his stead." In the Governor's hand a missive he laid, With the Royal arms on its seal displayed ; And the proud man spake as he gazed thereat, Uncovering, " Give Mr. Shattuck his hat." He turned to the Quaker, bowing low : " The King commandeth your friends' release. Doubt not he shaU be obeyed, although To his subjects' sorrow and sin's increase. " What he here enjoineth John Endicott, His loyal servant, questioneth not. You are free ! — God grant the spirit you own May take you from us to parts unknown." f The letter from the king was read to the deputies and mag istrates of the General Court, November 27, 1661 ; and the following order was then adopted : — Although wee hope & doubt not but that if his Majty were rightly in formed he would be farre from giving them [the Quakers] such favor, • Ecclesiastical History of New England, by Joseph B. Felt, vol. ii., p. 282. t " The King's Missive," by John G. Whittier. 148 HISTORY OF NEWBURY or weakening his authority here so long & orderly settled, yet that we may not in the least offend his Maj'y, the Court doth hereby order & declare that the execution of the laws in force against Quakers as such so far as they respect corporall punishm' or death be suspended until this Court take further order.* June 28, 1662, the king, in reply, notified his "loyal sub jects in New England " that certain laws and ordinances " con trary and derogatory to his authority and government " must be annulled or repealed. He also declared " that such as desire to use the Bookeof Comon Prayer & performe their devotions in the manner established in England" should be allowed that privilege, " & that all persons of good & honest lines & con- uersations be admitted to the sacrement of the Lords Supper, according to the Booke of Comon Prayer & their children to baptisme. Wee cannot be understood hereby to direct or wish that any indulgence should be granted to those persons comonly called Quakers, whose being [ ] inconsistent wi"' any kind of go\'emment. Wee have found it necessary, b}' the advice of our Parliament here, to make sharpe lawes against them, and are well contented that you doe the like there." f With this assurance from the king that severe measures, adopted for the gOA'emment and control of Quakers, would not be annulled by Parliament, the General Court, October 8, 1662, revived the law passed in May, 1661, with sorae modi fications, providing that Quakers should be whipped through not more than three towns, and that the number of stripes to which they should be subjected should be limited by the magistrates. \ Under the provisions of this law the following order was issued by Capt. Richard Waldron, magistrate at Dover: — To the constables of Dover, Hampton, Salisbury, Newbury, Rowley, Ipswich, Windham, Linn. Boston, Roxbury, Dedham, and until these vagabond Quakers are out of this jurisdiction. You and every of you are required in the Kings Majestys name to take these vagabond Quakers, .Anna Colman, Mary Tompkins and Alice Ambrose, and make them fast to the carts tail, and drawing the * Massachusetts Colony Records, vol. iv., part II., p. 34. tIbid., vol. iv., purt II., p. 165. + Ibid., vol. iv., part II., p. 59. THE SETTLEMENT AT MERRIMACK RIVER 149 cart through your several towns, to whip them upon their naked backs not exceeding ten stripes apiece on each of them in each town, and so convey them from Constable to Constable tUl they are out of this jurisdic. tion, as you wiU answer it at your perU, and this shall be your warrant. Per me Richard Waldron. At Dover, dated Dec. 22, 1662.* In Dover, Hampton, and Salisbury the above order was executed; but in Newbury, Walter Barefoot, afterwards deputy governor of the Province of New Hampshire, put a stop to the further punishment of " these vagabond Quakers," and sent them out of the colony, claiming that under the law they could not be whipped in more than three towns. Two of the Quakers named in the above order, Mary Tompkins and Alice Ambrose, visited Newbury on their way to Dover, and were then entertained by John Emery, as appears from the following stateraent : — Edward and George Preston, and Mary Tompkins and Alice Am brose, alias Gary, passed eastward to visit the seed of God in those parts, and in their way through Newbury, they went into the house of one John Emery, (a friendly man,) who with his wife seemed glad to re ceive them, at whose house they found freedom to stay all night, and when the next morning came, the priest, Thomas Parker, and many of his followers came to the man's house, and much reasoning and dispute there was about truth ; but the priest's and many of the people's ears were shut against the truth. And in the time of their discourse, the wind striving in Mary Tompkin's stomach, making some noise, she hav ing received no sustenance for the space of near forty eight hours, one Joseph Pike, after they were departed the town, said " she had a devil in her." After a while the priest perceiving that the battle might be too hard for him, rose up and took the man of the house and his wife out of doors with him and began to deal with them for entertaining such dangerous people. They replied they were required to entertain strangers. The priest said it was dangerous entertaining such as had plague sores upon them. Which the woman hearing began to take the priesf to do for saying such false, wicked and malicious words but he hasted away. Marv Tompkins called him to come back again and not to show him self to be one of those hirelings that flee and leave their flocks behind them, but he would not turn : and a while after most of the People de parted : and when Ipswich Court came thither he was had and fined for Entertaining the Quakers.f * New Hampshire Provincial Papers, vol. i., p. 243. t" New England Judged," by George Bishop (edition, 1702), p. 400. ISO HISTORY OF NEWBURY It appears from an examination of the papers on file at the court-house in Salem that the grand jury on the thirty-first day of March, 1663, presented John Emery for entertaining Quakers, and also for inviting neighbors to come to hear them. May 5, 1663, the case was referred to the next court for settlement.* The following depositions indicate that John Emery had on several occasions entertained Quakers, and asserted his right to supply them with food and lodging regardless of the restric tions and penalties imposed by the General Court : — The testimony of Henry Jaques aged about 44 years saith that I heard Joseph Noyes say that after that time that the Quakers had their meeting at John Emerys that he saw two Quakers at John Emerys house, and John Emery bade y" welcome, and further saith that I heard Joseph Noyes say that John Emery had entertained Quakers, both to bed and table, after the time they had their meeting at John Emerys house, and this he testified before the church at Newbury, and farther I do testify that I heard John Emer}- and his wife say that he had entertained Quakers and that he would not put them from his house, and used argument for the lawfulness of it. Henry Jaques. Sworn in Court, May 7, 1663 Before Robert Lord, Clerk.\ The Deposition of John rolfe, being about the age of 28 years, this Deponent saith that where as John kmery senior did afirme before the honoured Court that he had not entertained any quakers in his house since that time that the meeting was there when Mr parker was sent for & came to them. I Doe testifie that I being at John Emerys, S' house about 3 weeks after that time did see two Quakers there & I herd him say to them & som others that were there y' Joseph noyce came to his house & told him that there were two quakers coming towards his house & wish' him not to entertain them ; he sayd if they came to his house they should be welcom & he would not forbid them ; there they were when I cam in & there I left them. I was there upon occasion neare an houer & there were prsent in goodman Emerys house, wil Ilsley, sen, & John Muselwhite. Sworne in Court at Ipswich 7 May, 1663 p me Robert Lord, Cleric.\ The Deposition of Joseph Noyes aged 26 years: This Deponent saith y' as he was agoing to Goodman Emeries, senior, he overtook two women Quakers, and supposing they would call at ye house of ye fore- mentioned John Emmen-, he desired him not to entertain yn>. But * Salem Court Files, vol. ix., leaf 13. t Ibid., vol. ix., folio 10. THE SETTLEMENT AT MERRIMACK RIVER 151 whilst he was in discourse, they came into ye house and there staid until he went away. Goodman Emmery was in ye chamber (as he knows because he y upon an occasion called out to his wife) his wife being in ye same room with ye Quakers. Ys was after ye meeting of ye quakers at his house w" M^ Parker was yr. Farther he had understood by those yt w' eye witnesses yt two men quakers wr yr entertained very kindly to bed and table & John Emmerie shook y™ by ye hand and bid y™ wel come : Ye substance of ys, he, or his wife in his presence told him, and owned it (according to his best remembrance) more y" once. This also ws severl days after ye meeting above said. Taken upon oath 24, 4, 1663 before me Simon Bradstreet.* What disposition was made of this case is uncertain. There is no evidence in the records of the courts held at Ipswich, Salem, and Boston that a verdict was rendered for or against the defendant. March 31, 1663, John Emery was fined four pounds for entertaining Dr. Henry Greenland, "a stranger" not ha\-ing a legal residence in the town of Newbury ; and that sentence probably led the author of " New England Judged," and other writers since that date, to assert that he was fined for entertaining Quakers. SUBSCRIPTIONS IN AID OF HARVARD COLLEGE. September 8, 1636, the General Court appropriated four hundred pounds for the establishment of a school or college at Newtowne (now Cambridge); and in 1638 the Rev. John Har vard bequeathed one-half his property and his entire library for its encouragement and support. In 1642, overseers were appointed; and November 13, 1645, the General Court ordered the deputies of the several towns to recommend that " one peck of corne, or 1 2^ in money or oth' comodity be sent to y= Treasurer for the CoUedge at Cambridge " from every family in the colony .f In 1650, "the President and Fellows of Harvard College" were incorporated, and a charter granted under the seal of the Colony of Massachusetts Bay. October 19, 1652, the General Court ordered the inhabi- * Salera Court Files, vol. ix., folio 10. t Massachusetts Colony Records, vol. ii., p. S5. , 152 HISTORY OF NEWBURY tants of the several towns in the colony to choose one or more persons to solicit subscriptions for the support of the college, and to render an account of the same to the govemor and deputies at the ne.xt session of the court.* Many towns responded promptly to this appeal, and prom ised to contribute in proportion to their means. A few asked for further time. Newberry hath p'mised ye sum of ^15.0.0 Salisbury will return in two months Salem will give answer to ye committee in 2 months Wenham subscribes the sum of ^6.10.0 Reading subscribes the sum of ^16.13.0 Haverhill will give answer in two months Lin will give (to be pout any farther chaUenge or clajme from any toune or person, and that Mr Woodman's grant as to yt place is heerby declared null & vojd, Mr Woodman hauing consented thereto, yet are willing to allow Mr Woodman his three hundred acres formerly oranted in any free place not formerly graunted & not hindering a plan tation.* At a meeting of the selectmen of Newbury, held May 3, 1669, it was voted "that ffrancis browne Sz; John Emery, Jun', .shaU go ne.xt Munday to meet Rowley men at Rowley Mill to go with John Knight or John Poore to run the lyne between our bounds & Rowley." f John Peirson, sr., and PhUip Nelson, who were appointed April 9, 1672, by the inhabitants of Rowley, to run the line between that town and Newbury, " did so do on Monday, AprU 15, 1672." f PENN.\COOK, X.H., AND WOODBRIDGE, N.J. Although land in Newbury was abundant, the soil fertUe, and the " upper woods " undi\ided until the close of the year 1686, many of the early settlers were induced, by various considerations, to remove with their families to places more or less remote, where they could unite with others in the organization and developraent of new towns. They were prominently identified with the settlement at Salisbury, at Hampton, at Rowley, at HaverhUl, and at Andover, previous to the close of the year 1645. In 1659, they obtained the right to estabhsh a town "at a place called Pennecooke," now Concord, N.H. ;\nd the same year they were granted, condi tionally, a tract of land large enough for a township on the banks of the Saco river. The petition for libert}- to settle at Pennacook reads as follows : — - • Massachusetts Colony Records, vol. iv., part II., p. 7. t Town of Newburv Records. THE SETTLEMENT AT MERRIMACK RIVER 169 To THE HONERED COURTE NOW ASSEMBLED AT BoSTON : The humble petecyoa of us whose names are underwritten, beinge inhabytant of this jurisdiction, and beinge senseable of the need of multiplyinge of towneshippes for the inlargemeant of the contrey and accommodateinge of such as want opportunity to improve themselves, have taken into consideration a place which is caUed Pennecooke, which by reporte is a place fit for such an one. Now the humble request of your petitioners to this honred Courte is, that we may have the grant of a trackeof land there to the quantity of twelve miles square, which, being granted, we shaU give up ourselves to be at the cost and charge of vewinge it, and consider fully about it, wheather to proceed on for the settlinge of a towne or noe, and for that end shaU crave the liberty of three yeares to give in our resolution ; and in case that wee doe pro ceed, then our humble request is, that we may have the grant of our freedome from publique charge for the space of seaven yeares after the time of our resolution given into the Honerd Courte for our encourage ment to settle a plantation soe furr remote as knowinge that many will be our inconvenyences (for a long time) which we must expeckt to meet with, all which desires of ours beinge ansered, your petetioners shall ever pray for the happyness of this Honred Courte, and rest your humble petitioners. Richard Walderne John Bayley Vall: Hill John Cheiney Peter Coffin Nathaniel Weare his ROBARD CoKER John X Hird .. _ J ^„i, John Poore William Ffurbur Robert Rogers Roger Plaisteed Edward Richardson Edward Woodman William Cotton John Pike John Wolcott Abraham Toppan John Bond Benja : Swett William Titcomb * George Littell May 18, 1659, a committee consisting of Thomas Danforth, Edward Johnson, and Eleazer Lusher reported in favor of granting the petitioners a plantation eight mUes square, pro vided they report to the General' Court in October, 1660, their resolution to carry on the work, " and that within two years then next ensuing there be 20 famUies there settled." The deputies and magistrates accepted this report, " and consented •Massachusetts Archives, vol. cxii., pp. ii7, "«¦ Richard Waldeme, Vall: Hill, Peter Coffin, John Hird, WilHam Furber, and Roger Plaisted, who signed the ab.ive petition, were from Dover, N.H. : the other petitioners were from Newbury. 170 HISTORY OF NEWBURY thereto " ; but the conditions imposed upon the petitioners were not complied with, and the grant was subsequently de clared forfeited. Concord was not settled until nearly seventy years later. January 17, 1725-6, the General Court of Mas sachusetts, " William Dummer, Lieut Governor, consenting thereto," appointed a comraittee of nine to lay out a township at Pennacook "where Contocook river falls into Merrimack river." Rev. Enoch Coffin, son of Nathaniel Coffin, of New bury, accompanied the committee as chaplain, and encamped with them at a place called " Sugar Ball plain " Friday, May 14, 1726, and on the Sunday following "performed divine service both parts of the day." House lots were laid out and surveyed, and in 1727 they were assigned to proprietors who had previously been appointed or elected by the committee. February 27, 1733-4, the plantation was incorporated "a separate and distinct township by the name of Rumford." In 1740, the northern boundary of Massachusetts was defi nitely fi.xed and established, by the king and his councU, " beginning at a point three miles north of the Merrimack river at its mouth and thence following the course of that river to a point due north of Pawtucket FaUs." By this decision the town of Rumford, now Concord, fell within the limits of the province of New Hampshire. Among those who received six acres or more in the first di\ision of land made at Pennacook, in 1727, were the follow ing men from Newbury : Rev. Enoch Coffin, Rev. Bezaleel Toppan (son of Rev. Christopher Toppan), Thomas Coleman, Joseph Hale, Andrew Mitchell, Henry Rolfe, and Sarauel, son of Samuel, and grandson of Dr. Peter Toppan.* A petition in regard to a new plantation on the Saco river was granted by the General Court November 12, 1659, as fol lows : — In ansr to the peticon of Mr Edward Woodman & other inhabitants of Newbury, humbly craving the favor of this Court to graunt them a new plantation on Saco River westward of the bounds of Saco &c. the Court judgeth it meete to graunt the petitioners eight miles square in the place desired, provided they glue in theire resolutions, as is exprest in theire peticon, in one year ensuing this date.f * History of Concord (Bouton), pp. 57-140. t Massachusetts Colony Records, vol. iv., part I., p. 402. THE SETTLEMENT AT MERRIMACK RIVER ITS. May 31, 1660, Mr. Edward Rishworth and "Robert Booth were authorized to lay out and determine the bounds of the new plantation ; and the petitioners were freed from the pay ment of taxes for six years, " provided that they have twenty families & an able minister, such as shall be approved of by this Court, setled there in fower yeeres." * March 12, 1664, King Charles II. issued a royal decree granting to James, Duke of York, a large tract of land now known as New Jersey. February 10, 1664-5, PhUip Carteret was appointed governor of the territory ; and every freeman who settled there was given one hundred and fifty acres of land, provided he brought with him six months' provision, a good musket, ten pounds of powder, " and not less than twenty pounds of bullets, twelve bullets to the pound." Daniel Pierce, Joshua Pierce, John Pike, John Pike, jr., Thomas Blorafield, Thoraas Blomfield, jr., John Blomfield, John Cromwill, Samuel Hale, Jonathan Haynes, Elisha Ilsley, Henry Jaques, Henry Jaques, jr., Stephen Kent, Stephen Kent, jr., George Little, Hugh March, Samuel Moore, Matthew Moore, John Smith, Abraham Toppan, Na than Webster, Obadiah Ayres, Richard Worth, and others went from Newbury to New Jersey, where they laid out and settled the town of " Woodbridge," so called in honor of the Rev. John Woodbridge, assistant minister of the first church of Newbury.f Some of the persons named in the above list took an active part in the organization of the town govern ment, and were afterwards prominent in the management of its affairs ; but a few, dissatisfied with the apportionment of land and the assessment of taxes, remained there for two or three years, and then retumed to Newbury. The town of Woodbridge stUl retains the name it received in 1668. It is on the Perth Amboy & Woodbridge RaU road, in Middlesex County, in the State of New Jersey, about five mUes south of Rahway and twenty-four mUes southwest of New York City .J • Massachusetts Colony Records, vol. iv., part I., p. 421- t New Jersey Colonial Documents, vol. i., p. 50; also. Early History of Perth Amboy (Whitehead), pp. 353-367. { Nearly a century laler a township in the Coos country on the Connecticut river was granted Capt. Jacob Bayley for services in the French war. Capt. Bayley was bom iu Newbury, Mass., 172 HISTORY OF NEWBURY OATH OF ALLEGIANCE TO KING CHARLES II. Oliver Cromwell died September 3, 1658. His son Richard succeeded him as lord protector. In the confusion that fol lowed the downfall of the government, the resignation of Richard Cromwell and his retirement to private life, Charles II. was proclaimed King of England May 8, 1660. He ar rived in London May 29, 1660, having left the Hague six days before. This event occasioned considerable anxiety in the colony of Massachusetts Bay; and, December 19, 1660, the General Court addressed a letter "To the high & mighty Prince Charles the Second by the grace of God, King of Great Britajne, Fraunce & Ireland, Defender of the Faith &c.," be seeching him to favor and protect the colony in its chartered rights and privileges, and also a letter " to the Lords & Com mons in Parliament assembled," urging them to provide for an amicable adjustment of the differences relating to the gov ernment of the territory between the Merrimack river and Casco bay. These letters were intended to convey to his Majesty and to Parliament assurances of loyalty and fidelity, and also to explain and apologize for some measures that it had been thought necessary to adopt for the protection and government of the colony of Massachusetts Bay. In April, 1661, when it became known that an order had been received from the king for the apprehension of Col. Edward Whalley and CoL William Goffe, two of the judges who signed the warrant for the execution of King Charles I., then supposed to be living' in the neighborhood of Boston, the inhabitants of the colony were greatly alarmed. July 19, 1726. He married Prudence Noyes October i6, 1745, and removed to Hampstead, N.H., two years later, where he organized, in 1756, a company for service in the expedition to Lalce George. May rS, 1763, he obtained, by the advice and assistance of his brother-in-law. Col. Moses Little, a grant of land, now in the State of Vermont, on the westerly side of the Connecti cut river, where he began the settlement of a town to which he gave the name Newbury. He was after\vards prominent in the Revolutionary war, and served as quartermaster-general in the Continental army. Col. Moses Little, bom in Newburj-. May S, 1724, was also an officer in the army during the Revolutionary war. He owned, with others, a large tract of land in New Hampshire, extending fifteen miles along the Connecticut river. In 17S4, this land was surveyed, and divided between the towns of Littleton, named for him, and Dalton, named for Hon. Tristram Dalton, of New buryport, who was also one of the original grantees. THE SETTLEMENT AT MERRIMACK RIVER 173 Petitions from Newbury, Ipswich, Sudbury, Boston, and other towns were presented to the General Court, asking for a prompt compliance with the demands of the king. June 10, 1 66 1, the General Court declared, in answer to the petition ers, that it had not been altogether negligent in providing for the enforcement of the laws against criminals, and therefore desiring the petitioners to rest satisfied with what had been done.* The same day a special committee, that had been appointed several days before, reported, in regard to the condition of af fairs in the colony and the rights and duties of freemen, that certain laws and privileges should be asserted and maintained, and also that "Wee further judge that the warrant & letter from the kings maj'y for the app'hending of Col Whalley & Col Goffe, ought to be dUigently & faithfully executed by the authority of this country. And also, that the Generall Court may doe safely to declare that in case (for the future) any legally obnoxious, & flying from the civil justice of the state of England, shall come ouer to these partes, they may not heere expect shelter." * Intimations having been received from England that the public acknowledgment of the king, in the colony of Massa chusetts Bay, should be no longer delayed, the General Court at a special session held August 7, 1661, ordered the procla mation to be made the next day.f August eighth, Edward Rawson, then secretary of the colony, in the presence of the govemor, deputy governor, magistrates, deputies, and elders, with " ffower ffoote Companjes, one troope of horse, & mas ters of shipps in harbo'^ attending," assembled in Boston, pro claimed and acknowledged submission to Charles 1 1., "laufull King of Great Brittajne, France & Ireland & all other the territorjes & dominions thereunto belonging." AprU 25, 1664, Col. Richard NiccoUs, Sir Robert Carr, George Cartwright, Esq., and Samuel Maverick, Esq., were appointed by the king to visit the colonies in New Eng land, to examine and determine all complaints, and hear appeals from all military, criminal, and civil courts. Two of * Massachusetts Colony Records, vol. iv., part II., p. 26. t Ibid., p. 50. 174 HISTORY OF NEWBURY the commissioners arrived in Boston July 23, 1664, and were graciously received by the governor and his council. The merabers of the General Court, however, were much disturbed by the appointraent of these royal commissioners, and, October 1 9, 1 664, voted to make an address or statement of their grievances, beginning as follows : — To THE Kings Most Excellent Majtv The humble supplication of the Gen '11 Court of the Massachusetts colony in New England. Dread Soueraigne ; — If vour poore subjects, who haue remooved themselves into a remote corner of-the earth to enjoy peace w>h God & man, doe in this day of theire trouble prostrate themselves at your royal feete & begg your favor, wee hope it will be graciously accepted by your majestie, and that as the high place you sustejne on earth doeth number you here among the gods, so you will imitate the God of heaven in being ready to main- teyne the cause of the afflicted Sc the right of the poore, & to receive their crjes and addresses to that end.* After quoting the favorable opinions expressed by his Maj est}' in several letters addressed to the colony of Massa chusetts Bay, they beseech him to listen to their grievances and to restrain and limit the power and authority conferred upon the commissioners. They assert that the proposed changes in the administration of justice and the management of public affairs will force his subjects in New England to seek new homes elsewhere, " or sink & faint under burdens that will be to them intoUerable." In conclusion they say, "at our request let our government hue, our patent liue, our mag istrates hue, our lawes and libertjes liue, our religious enjoy ments liue ; so shall wee all haue yet further cause to say from our heart, ' Let the king liue forever : ' and the bless ing of them that were ready to perish shall come vpon your majesty, hauing deliuered the poore that cryed & such as had none to help them." May 3, 1665, the commissioners presented to the General Court the letters and instructions received from the king in regard to the condition of affairs in the colony of Massachu setts Bay, and a committee was appointed to examine thera • Massachusetts Colony Records, vol. iv., part II., p. i2g. THE SE TTLEMENT A T MERRIMA CK RIVER 175 and consider what answer should be made. Newbury was not represented at this session of the General Court, and was fined ten pounds for not sending a deputy. Although the freemen of Newbury were evidently reluctant to antagonize the views and wishes of the king as expressed in his instruc tions to the commissioners, and were anxious to avoid a contest that was likely to prove embarrassing, there is no evidence that they attempted to evade their political duties or re sponsibilities. At all events, the fine was remitted by the General Court October 16, 1666. MeanwhUe the negotiations between the commissioners and the General Court, having been conducted with considerable vigor for more than twelve months, were abruptly terminated, the commissioners left Boston for the province of New Hampshire, and soon after returned to England. AprU 10, 1666, Sir WiUiam Morrice, secretary of state under King Charles II. , notified Richard Bellingham, governor of the colony of Massachusetts Bay, that his Majesty was displeased with the condition of affairs and had decided to recall his comraissioners, and request the General Court to elect two or three suitable persons to go with Governor Bellingham and Major WUliam Hawthorne to England, in order to ex plain to his Majesty why they refused to accept the amend ments to the charter and the revision of the laws proposed by the commissioners.* A special session of the General Court was held in Boston, September 11, 1666, to consider this important communica tion. The elders of the churches were desired to be present and give their advice in the weighty matters under discussion. A letter was prepared and ordered to be sent to his Majesty's secretary of state, criticising the conduct of the commissioners and dechning to send representatives to England, having already submitted in writing their objections to the proposed amendments to their charter, " and therefore cannot e.xpect that the ablest persons among us could be in a capacity to declare our cause more fully." f • Hutchinson's History of Massachusetts, vol. i.. Appendix xix. t Massachusetts Colony Records, vol. iv., part II., p. 317. 176 HISTORY OF NEWBURY At the same session of the court, petitions favoring the adoption of conciliatory measures and the repeal of all legisla tive acts displeasing to the king were presented from several towns in the colony. "The humble Petition of the town of Newberry" states that the petitioners have been informed that his Majesty has lately sent to the governor and councU letters expressing dis satisfaction with the result of the commissioners visit to New England, and that he has ordered the governor, with several other persons to be elected by the General Court, to proceed forthwith to England to assist in the discussion and final settlement of the differences relating to the rights and duties of freemen in the colony. In conclusion the petitioners ex press the hope that concUiatory counsels will prevail, and that it will not be necessary for them " to make their particular address to his majesty, and declaration to the world, to clear themselves from the least imputation of so scandalous an evU, as the appearance of disaffection or disloyalty to the person and government of their lawful prince and sovereign." This petition was signed by Nicholas Batt James Browne John Atkinson Joshua Browne John Badger Hugh March William Chandler Thomas Parker John Woodbridge William Gerrish Daniel Peirce Richard Lowle Henrv- Short Benjamin Woodbridge Nathaniel Clark Stephen Swett James Mirrick Joseph Muzzy James Jackman Thomas Hale, Sen Anthony Sommerby William Thomas Francis Brown Anthony Short Abiel Sommerby Nicholas Noyes Daniel Thurston Tristram Coffin Percival Lowle Samuel Lowle John Knight, Sen John Knight, Jun Paul White Abel Huse Richard Kent James Kent John Kent Richard Knight Thomas Silver* The General Court, " hauing read & taking into considera tion the contents of the petitions presented from Newbery, Ipswich, Salem & Boston being for substance but one, & find ing that the peticoners doe therein vnjustly charge, threaten & reflect \-pon this court, to the dishono"' of the raerabers * Mass.ichusetts Archives, vol. evi., p. 168. THE SE TTLEMENT A T MERRIMA CK RIVER 1 7 7 thereof, . . . ordered, that Captaine WUliam Gerrish, of New bery, Capt. John Apleton, of Ipswich, M' Edmond Batter, of Salem, Capt Thomas Sauage, M' Tho. Bratle M' Habbacuck Glouer & M"" Thomas Deane, of Boston, aU of them principall persons in the sajd petiCons, some of them persons in publicke trust, all saue one freemen of this colony Sz; members of churches, be by the secretary warned to attend this Court in October next, to answer for the same." * At the appointed time- the petitioners appeared, and made answer to the charges brought against them. The comraittee to whom the subject was referred, after hearing the testi mony, reported that there were unwarrantable passages and expressions in the petitions that a well-ordered government could not allow to pass unnoticed, but, inasmuch as the peti tioners did not intend to transgress the laws, they should be admonished and released, except Capt. John Appleton, of Ipswich, who was censured "for saying that he hoped the Court would not be his judge." The deputies voted that the report of the committee be kept on file and not recorded : " consented to by the magistrates." f The commissioners from King Charles II., in a coramunica tion to the General Court, dated May i8, 1665, complained that the provisions of the charter of the colony of Massachu setts Bay, requiring the inhabitants thereof to take the oath of allegiance to the king, were not compUed with. Edward Rawson, secretary of the colony, replied the next day, " wee shall forthwith order the taking of the oath of allegiance ac cording as the charter commands." % It is evident, however, from subsequent proceedings, that the order was not strictly enforced, although some of the inhabitants of Newbury were caUed upon to take the oath in a modified form, as appears frora the following record : — NEWBERIE. Joseph Coker : John Kent : Israeli Webster : Job : Pilsberie, Joseph Bayly : Benjamin Lowell, Nath" Merrill : Daniell Merrill AbeU : Merrill : Jno Attkinson. • Massachusetts Colony Records, vol. iv., part II., p. 317. t Massachusetts Archives, vol. evi., pp. 174-178. X Massachusetts Colony Records, vol. iv., part II., pp. 200-206. 178 HISTORY OF NEWBURY These men aboue written haue taken ye oath of ifidelitie vnto this gouerment ye 25 of february sixty eight: before mee Robert Pike Comissr : Jonathan: woodman: Benjamin Moss & Isaac Brown tooke ye oath of fidellity to this goverm': & James Ardway tooke ye oath of a free man of this Jurisdicon: ye 26: of ye 12* m": 1 668 before mee Robert Pike Comissr : Henry Tuxberie & Isaac: Brown tooke ye oath of fidelity to this govermt this 13 : day of May 1669 before mee Robert : Pike Coinissr : Jno wells: Pennell: Tittcom : Richard Bartlett, jun: Tho : wells : John Stevens : william Ilsly jun Jno Swett : Jonathan Wedgwood Joseph Ilsley Moses Pilsbery : Jacob Tappin James Ardway jun : Tho : west : John Ilsly Tho : stickney Josuah Richison : Sam : Bartlett Tooke ye oath of fidelitie to || yegouerm' of || this Jurisdicon this 25* day of May, 69 Peter Cheny Nathli Cheny & Amos Stickny of Nubery tooke ye oath of ffidelity to this Comon wealth this 25th of ye 3d mo 69 bfore mee Robert Pike Coinissr Jno Bayly : Benjamin Lowell Jno Bartlet jun : & John wells : all of nuberie tooke ye freemens oath ye 2d of Octobr 1669 before me Robert Pike Coinissr * Political complications in England occupied the time and attention of the king and his legal advisers for the next four or five years ; and soon after the colony of Massachusetts Bay was involved in a fierce contest with the Indians, which ter minated in King PhUip's War. The heirs of Capt. John Mason and Sir Ferdinando Gorges continued, however, to press their claims to the territory under the control of the colony lying beyond the Merrimack river. The open violation of the Navigation Act in the colony was severely denounced and condemned by the Privy CouncU, and the law officers of the crown advised the issuing a quo warranto in order to secure a repeal of the charter granted in 1629. In this emergency some concessions were considered neces sary ; and the General Court ordered, October 2, 1678, that as * Norfolk Registry of Deeds, book II., leaf 143. THE SETTLEMENT AT MERRIMACK RIVER 179 it hath pleased his Majesty, by letter dated April 27, 1678, to notify the authorities of the colony of Massachusetts Bay in New England "to give forth orders that the oath of Allegiance as it is by law established w'Mn the Kingdome of England, be ministered and taken by all his subjects within this colony who are of years to take an oath," that the secretary of the colony be instructed to send to every magistrate, justice of the peace, and constable in every town printed copies of the oath of allegiance to be by them administered to every male inhabitant sixteen years of age and upward, the naraes of the inhabitants to be taken in writing, and returned to the recorders of the county courts, to be by them enrolled. Any one refusing to take the oath of allegiance was liable to a fine or imprisonraent.* A list of their names who have taken the oath of allegiance at Newbury, 1678 : f — Aged Aged John Emery jun SI John Ordoway 20 Jonathan Emery 27 John Bayly 6s Israeli webster 35 Isaac Bayly 24 wm Bolton 48 Ephraim Plummer t24 Abraham merrill 41 John Emery iun. 22 Joseph wheeler 16 Tho : Halle jun 45 Wm Longfellow 27 Hen. Short 26 Jacob Topan 31 Joseph Bayly 3° Tohn Sewall 24 mathew Petengall 30 ffrancis Browne 46 Joseph Little 25 James Smith 33 Sam. Poore sen 55 John Emery sen 80 Sam. Poore jun 25 James Ordoway 60 John Poore sen. 63 John Topan 28 Jerem. Dauis 28 Isaac Ilesley 26 Nich. Rawhns 32 Rich. Bartlett jun 30 John Dauis 30 John Bartlett jun. 23 Edward Poore 23 Tho : Bartlett 25 40 James Carre 25 Joseph knight 26 Joshua Bayly 20 20 Sam. Sayer 29 Cornelius Dauis 25 Steph. Greenleafe jun: 26 cutting Noyes 29 Jam. Ordoway jun 26 Wm Ilesley jun 28 * Massachusetts Colony Records, vol. v., p. 193. t Original on file in the office of the clerk of courts at Salem, Quarterly Court Files, book xxx., leaf 55. Recorded in the Registty of Deeds (Ipswich series) , book iv., leaf 254. {These figures are indistinct, and may be "26." i8o HISTORY OF NEWBURY Aged Aged Silvanus Plummer 20 Tho : Halle sen 74 Zeck. Dauis 29 Antho. morse 72 Rich. Dummer jun 28 Joseph Coker 38 Moses Geerish 23 Joseph Dole 22 Joseph Poore 24 ffrancis willett 43 Edmund moores sen 64 Joseph moring 22 Rich, woolworth 30 Hen. Jaques 60 Nath. Brickett 29 John Kelly 37 Nathan Parker 28 Tho : ffoUinsby 41 Nath. Aires 2229 Joseph mirick ___ . .18^ Abeil Long John Richardson Cir 31 Shubael Long 17 100 daniel Perse 40 Wm Worham 26 Tho : Noyes 30 Tristram Coffin 47 John wooUcott sen 45 Wm Chandler 62 John woolcott jun 18 60 John Badger 36 Sam : Pettingall 33 Christopher Bartlett jun 23 John Granger 24 Rich : Lowle 76 Wm Noyes 25 Tho : Woodridge 29 Andrew Godfry 22 Caleb Moodv 4' Henry Somersby 16 Jonathan wheeler 20 James Brading 16 Nathan wheeler iS Edward woodman jun 50 Hugh march jun 22 waiter Taylor 55 Ephraim Dauis 23 28 Wm morse 64^ John Herricks Rich. Petingall 60 Joshua woodman 41 Tho : Rogers 26 John Rolfe iS Tho : Browne 72 Tho : Lowle 27 Benajah Titcomb 25 Jonathan woodman — _iS- Beniamin Coker George maior 26" Curmac Annis 40 31 Edmund marshall 29 ffrancis Thurley 48 Joseph Poore 17 120 Auth. Somersby 68 James Burrell 21 Abel Hewes 74 Percivall Lowle 40 Wm Sayer 65 Robt Coker 72 Peter Godfry 48 80 Hen. Sewall 66 Rich. Bardett sen 57 John Webster sen 46 John Bartlett sen 65 John. Webster jun 22 John Bartlett jun 39 Dan. Lunt 36 Daniel Massiloway 33 John .\tkinson 44 Hugh Pike 21 John Halle sen 42 Edward Richardson jun 27 W"' Randall 6s 23 TlKU-Iitc&mb • 7 Joseph Richardson Tho Silver jun 26 Ben : Lowle 37 Nathaneel Merrill 40 THE SETTLEMENT AT MERRIMACK RIVER Aged Aged Peniel Titcomb 27 George Hardy 17 Augustine Studman 40 Elisha Ilesley 30 Joseph Ilesley 27 Dan. Thurston jun 17 Richard Jaques 22 John Poore jun 36 Steph : Jaques 17 Aquila chase 26 John, ffirman 31 •9 John Chase 23 James Coffin Joseph Goodridge 39 140 Increase Pillsbury 18 Edmund moores jun 27 Archelaus Woodman 60 Dan. Cheney 43 Peter Topan 44 Wm mitchell 24 Edward Richardson sen 61 John Hoeg 35 Joshua_Richardson 28 Steph. Swett 58 Ben. Richardson 18 Benj. Goodridge 36 John Swett 30 180 George march 32 John Decker 32 John Steevens 30 Tho : Silver sen 56 Job Pillsbury 35 James Jackman jun 22 Caleb Pillsbury 24 Richard Jackman 19 Abel Pillsbury 26 John mighill 42 Daniel Chase Dauid Chily 16 Daniell merrill 34 28 Abel merrill 32 Hen. Lucas 18 Joseph Downer 40 Benj. morse 37 Joshua Browne 36 Rob'. Adams 77 John knight 30 Tho: Chase 24 Robt Beedle 36 Wm Pillsbury jun. 22 Rich. Browne 27 Jerem. Goodridge 42 Joseph Pike 39 John Kent jun. 34 160 Dan. Thurston 40 John Tucker 28 Sam. Bartlett 32 Abraham Adams 37 Henry Poore 26 John mitchell 28 Henry Bodwell 24 Sam. Plummer 60 Ebenezer Hills 19 Isaac Adams 33 Jonathan moores 32 Jacob Adams 23 James Dauis 20 On the back of the sheet containing this list are the fol- lowing names : — Aged Aged Richard Knight 77 Sam. youngloue 40 Hugh march sen S6 Rob'. Rolinson 40 John Kent sen 37 Benj. Plummer 22 Joshua Bointon 30 Joseph Pluiner jun 23 John Huggins . 26 Tho : Halle iun. 19 Wm Damford 30 James ffreezes 37 i82 HISTORY OF NEWBURY Aged Aged Joseph muzzy 5° John Thurley »9 James Jackman sen 60 Jonathan Thurley 17 Hen. Acres 26 John Noyes 33 James Noyes 21 Moses Little 21 Wm moody 17 Nath. Cheney 31 Joseph morse 40 John Glading 37 John Guile 23 Wm Pilsbury 73 George Perse 17 Wm Ilesley sen. 70 John Halle jun. '7 Steph Greenleaf sen. 50 Daniel moody 17 Benj. Rolfe 40 Rob' Long 58 Tho. Thurley 47 John Smith 31 Peter Cheney •39 INDIANS AND INDIAN DEEDS. The territory granted the first settlers of Newbury in 1635 by the General Court was uninhabited, except by a few Ind ians at the Falls, on the Quascacunquen river, and a some what larger number that came from the woods and hUls of the north during the summer months to hunt and fish at the mouth of the Merrimack. The laws, customs, and habits of these migratory and some times hostile Indians, the bounds and limits of their camping grounds, and the location of their villages are described with considerable minuteness by Rev. WUliam Hubbard, pastor of the church at Ipswich, in his History of New England, writ ten previous to 1682. He says : " Betwixt Kenebecke and Con necticut were observed to be about twenty societies, or com panies of these savages when the English first came upon this coast." t One of these societies, or tribes, called the Tarra- tines, occupied the territory round about the Kennebec river. There were other Indian settlements at Casco bay and on the Saco and Piscataqua rivers. Inland, from twenty to fifty miles from the raouth of the Merriraack, the Waraoneset, Pentucket, Amoskeag, and Pennacook Indians lived, sorae tiraes in peace, but frequently at war with each other. " At the falls of Newbury there was a noted plantation of them, ** " A list of those that have taken the oath of Alegance & fideUty of Newbury before Mr John Woodbridge, Commissioner, in Dec & Feb. 1677," will be found in the Registry of Deeds (Ips wich series), book IV., leaf 189. t Massachusetts Historical Collections (Second series), vol. v., p. 31. THE SETTLEMENT AT MERRIMACK RIVER 1 83 by reason of the plenty of fish that almost at all seasons of the year used to be found there, both in winter and sum mer." * At Agawam, also, now Ipswich, was another noted settlement, " to which belonged those of Newbury falls that lies in the midway, betwixt Merrimack and Agawam." * When the inhabitants of Newbury decided to remove from the Parker to the Merrimack river, in 1645, a house lot was assigned to John Indian.f Soon after that date " Great Tom, Indian," conveyed to the selectmen thirty acres of planting land, " and all his right, title and interest " in the common and undivided land and woods within the limits of the town of Newbury, on the following terms and conditions : — Witness by these presents that I, Great Tom, Indian, for and in con sideration of three pounds in hand paid by and received of the towns men of Newbury, have given, granted, covenanted, and fully bargained, and for and by these presents do give, grant, convey, confirme, .bargain, and sell all that my thirty acres of planting land as it is fenced in one entire fence in Newbury, lying neere Indian hill, with all my right, title, and interest in all the woods, commons, and lands that I have in the township of Newbury to have and to hold, all the said premises Respec tively to bee to the proper use and behoof to the said Inhabitants of the Said Towue of Newbury, their heirs, executors, administrators, and as signes for ever, and I, the said Great Tom, Indian, doe hereby engage and bind myself, mine heirs, executors, and assignes unto Mr. William Gerish, Abraham Toppan, and- Anthony Somerby, being Townsmen in the behalf of Said Towne, to warrantize the said Bargained premises to the said Towne and for ever defend. In witness whereof I the said Great Tom, Indian, have sett my hand and seale April 16, 1650.. Witness the mark x of Great Tom, Indian. John bartlet, William titcomb. This is a true coppy of a 'deed, as is abovesayd, taken from the originall. Attest Anthony Somerby, Clerk of Newbury. X The title to land owned by Henry Sewall, in the vicinity of Newbury Falls, was in dispute for more than twenty years. In June, 1661, the General Court ordered : — •Massachusetts Historical Collections (Second series), vol. v.,-p. 32. t See anie, p. 89. X Town of Newbury Records, vol. i. i84 HISTORY OF NEWBURY Whereas some Indians, as wee are informed pretend an interest in some part of the lands of Henry Sewall, w<:h lyeth at Newbury Falls, sometime Mr John Spencers, weh lands were purchased of the sajd Spencer, & also haue binn confirmed by the toune of Newbury vnto the sajd Henry Sewall, it is therefore ordered, by this Court, that if it shall appeare vnto the sajd Henry Sewall that the sajd Indians, or any other, haue any legali right vnto any part of the sajd land, the sajd Henry Sewall shall heereby haue liberty to purchase the same of the sajd Indians.* Subsequently, the grandson of " Old Will " brought a suit to recover land in the possession of Henry Sewall. June 23, 1679, the depositions of Moses Bradstreet, Alice Homes, and John Todd, favoring the claim of the plaintiff, were taken and sworn to before Daniel Denison, of Ipswich. f Further con sideration of the case was probably postponed until the next session of the court. MeanwhUe some concessions were raade ; and, eventually, a settlement satisfactory to all persons inter ested was agreed upon. June 14, 1 68 1, Job Indian, grandson, Kate Indian, and Mary Indian, daughters, of Old WUl Indian, of Newbury Falls, in consideration of six pounds, thirteen shUlings, and fourpence paid to each of the above-named Indians, Job, Kate, and Mary, conveyed to Henry Sewall, of Newbury, a tract of land " of which a part is known by the name of the Indian field in Newbury, aforesaid, bounded as followeth ; on y^ northerly side with the great brooke which runeth along the side of the greate field, on the westerly side with a line runn by said Seawell from y^ head of s"* farme unto Newbury river at or neere the upper tales & on y= Southerly side with y^ said ri\-er, as alsoe all the right, title and interest they, y^ s"* Job, Kate & Mary Indians have or ought to have to land at or neere Indian hill, or anywhere else within the township of Newbur}- abovesaid, as they are heires to old Will Indian aboves"*, or otherwaise." \ Soon after the charter of the colony of Massachusetts Bay was vacated in 1684, the inhabitants of Newbury and other towns in Essex county were greatly disturbed by rumors that * Massachusetts Colony Records, vol. iv., part II., p. 2r. t Coffin's Historj- of Newbury, p. 363. + Essex Deeds, vol. vi., p. 23 (134). THE SETTLEMENT AT MERRIMACK RIVER 185 they were to be deprived of land granted to them by the General Court. In order to strengthen their title to the prop erty, and prevent its seizure by the officers of the crown, the towns of Newbury, Bradford, Boxf ord, Gloucester, and • Bev erly, bought of the grandchildren of Masconomo, " the saga more of Agawam," all the land within their territorial limits. The deed, dated January 10, 1 700-1, to the selectmen of the town of Newbury, is substantially as follows : Sam uel English, " grandson and heir of Masconomet, the Saga more of Agawam, an Indian," in consideration of the sum of ten pounds in current money of New England, paid by Cutting Noyes, Joseph Knight, Richard Dole, John Worth, and Joseph Pike, for and in behalf of said towm, conveyed to the above-named selectmen " a tract of land containing ten thousand acres more or less " lying within and including the whole of the towmship of Newbury, " bounded easterly by y= sea northerly & north westerly by Merrimack river, westerly by Bradford Line & Southerly by Rowley Line, together vrith' all y^ wood, timber, lands, grounds, soyles, waters, streams. Rivers, Ponds, fishings, huntings, stones, mines, minerals, heriditaments and all the appurtances belonging to y= same and to every part thereof within the said Township." * In acknowledgment of this deed of conveyance Samuel English ye surviving heir of y^ Masconomet ye Sagamore of Agawam appeared before us, ye subscribers, ye Tenth day of Janu ary in the Twelfth yeare of his majties Reign, Anno Domini 1 700-1, and acknowledged the above written Instrument to be his act & deed, before us "I Justices Daniel Pierce I ¦ W ofy Thomas Noyes Peace. The sarae day Joseph Foster made oath "that he did know Sarah y^ Daughter of Maschanominet the Sagamore of Agawam, & father that Samuel English was reputed to be her eldest sonne now surviving." f Moses Parker, also, made oath the same day "That he very well knoweth that Samuel English is y' reputed son of Sarah the Daughter of y= Sagamore Maschanominet & eldest son now surviving." ¦)¦ * Essex Deeds, vol. xiv., p. 67. t Ibid., p. 68. l86 HISTORY OF NEWBURY WITCHCRAFT IN NEWBURY. "December 3, 1679, Caleb Powell being complained of for suspicion of working vrith the DevUl to the molesting of WUl iam Morse and his family " was brought before John Wood- bridge, commissioner or special magistrate at Newbury, for examination ; and, after the accusation and testimony had been read, the case was adjoumed until the Monday following. The second hearing was held December 8, 1679, before the commissioners and WUliam Morse was ordered to bring the case to the attention of the county court to be held at Ipswich in the month of March following. Caleb Powell was com mitted to the care of the constable " tUl he find security of twenty pounds for the answering of the sayd complaint." * The testimony of William Morse and his brother Anthony Morse, of John Badger, Sarah Hale, Joseph Mirick, and Mary Tucker, vrill be found on file in the court-house at Salem. f •Notwithstanding the strange and extraordinary character of the evidence submitted, it was not considered sufficient to con vict Caleb Powell of an offence against the laws of God and man ; and he was therefore discharged. Upon hearing the complaint brought to this court against Caleb Powell for suspicion of working by the devill to the molesting of the family of William Morse of Newbury, though this court cannot find any evident ground of proceeding farther against the sayd Powell, yett we determine that he hath given such ground of suspicion of his so dealing that we cannot so aquit him but that he justly deserves to beare his owne shame and the costs of prosecution of the complaint. It is referred to Mr. Woodbridge to hear and determine the charges.^ The mysterious disturbances in and about the house of William Morse evidently continued while Caleb Powell was a prisoner and after he \\-as set at liberty. Vague and contra dictory reports in regard to the frivolous speech and raalicious conduct of Elizabeth Alorse, \rife of WUUara Morse, were cir- • Court Files (Salem), vol. xxxii., pp. i3o-r33, Inclusive. t The reader will also find on pages 131 to 133, inclusive, of CofEn's History of Newbury, the substance of the testimony given by William Morse; on page 123, the testimony of John Badger and Anthony Morse ; and on page 125, the testimony of Sarah Hale, Joseph Mirick, and Mary Tucker. + Court Files (Salem), vol. x.xxii., p. 132. THE SETTLEMENT AT MERRIMACK RIVER 187 culated, and served to fasten suspicion upon her as one insti gated by an evil spirit, and ultimately led to her indictment and arrest. She was brought to the Court of Assistants, sit ting in Boston, for trial, and was adjudged guUty. The record reads as follows : — at A Court of Adjourment held at Boston 2oti> May, 1680 : The Grand Jury presenting Elizabeth morse y* wife of Wm morse, Sr II she II was indicted by the name of Elizabeth morse for that she not hauing the feare of God before hir eyes being Instigated by the divil & having had familiarity wi* the divil contrary to the peace of our Souaigne Lord the King his crowne & dignity ye lawes of God & of this Jurisdiction : After the prisonr was at ye barre and pleaded not Guilty & put hirself on God & ye country for triall ye evidences produced were read & committed to ye Jury. The Jury brought in their virdict & they found Elizabeth Morse, the prisoner at the barre. Guilty according to Indictm*. The Govemr on 27* May after ye lecture pronounced ye sentence : Elizabeth Morse you are to goe from hence to the place from whence you came & thence to the place of execution, there to be hanged by the neck till you be dead, And the Lord have mercy on your Soul. This Court was adjourn"! diem per diem & on 1=' June 1680 The Gouvrnr & magists voted Reprieving of Elizabeth Morse, condemn^, till the next session of the Court in October.* as Attest Ew'> Rawson, Secretary.* Subsequently, an effort was made to stUl farther delay pro ceedings, and secure a second reprieval for the wife of WUliam Morse. November 3, 1680, the following order was passed by the House of Deputies, but faUed to receive the approval of the magistrates : — The deputies on perusal of the acts of the honorable Court of As sistants relating to the woman condemned for witchcraft doe not under stand why execution of the sentence given against her by said court is not executed and that her second repreevall seems to us to be beyond what the law will allow and doe therefore judge meete to declare our selves against it with reference to the concurrence of our honored magis trates hereto. Wm Torrey Clerk. Not consented to by the magistrates. Edward Rawson Secretary.^ •Massachusetts Archives, vol. cxxxv.,p. 18; Court of .Assistants (manuscript records),,?. II ; Court of Assistants (printed records), p. 159; Coffin's History of Newbury, p. ia6. t Massachusetts Archives, vol. cxxxv., leaf 18. 1 88 HISTORY OF NEWBURY When the General Court assembled in May, 1681, a petition, dated "Newbury May 14, 168 1," signed by William Morse, was presented to the deputies and magistrates, asking for a review of the evidence given in the Court of Assistants, impli cating Elizabeth Morse in the charges brought against her.* At the same session William Morse also presented the fol lowing petition : — To the honored governor, deputy governor, magistrates and deputies now assembled in Court May the eighteenth 1681. The most humble petition and request of William Morse in behalfe of his wif (now a condemned prisoner) to this honored court is that they would be pleased so far to hearken to the cry of your poor prisoner, who am a condemned person, upon the charge of witchcraft and for a witch, to which charge your poor prisoner have pleaded not guilty, and by the mercy of God, and the goodness of the honored govemor, I am reprieved and brought to this honored court, at the foot of which tribunal I now stand humbly praying your justis in hearing of my case and to deter mine therein as the Lord shall direct. I do not understand law, nor do I know how to lay my case before you as I ought for want of which I humbly beg of your honors that my request may not be rejected, but may find acceptance with you it being no more but your sentence upon my triall whether I shall live or dy, to which I shall humbly submit unto the Lord and you, William Morse in behalf of his wife Elizabeth Morse.f The deputies, in General Court assembled, voted to grant the prayer of the petitioner ; but the magistrates declined to give their consent. The deputies judge meet to grant the petitioner a hearing the next sixth day and that warrants goe forth to all persons concerned from this Court then to appear in order to her farther triall, our honored magis trates hereto consenting. Wm Torrey Clerk. May 24, 1 68 1 not consented to by the magistrates Edward Rawson, Secretary.^ No farther action was taken by the General Court, and a few days later the Court of Assistants issued the foUowing decree : — •.Massachusetts .\rchives, vol. cxx.xv.. leaf iS. See also Coffin's History of Newbury, pp. I27-(2C). t -Massachusetts Archives, vol. cxxxv., leaf ig; also, Coffin's History of Newbury, p. 130. THE SETTLEMENT AT MERRIMACK RIVER 189 Att a Court of Assistants held at Boston ist June 1681 In Ansr to the ^ ^OC^ irvtOLlX/^ half of his wife E . . q- The Court Judg^ O Un£- y^\o\ sajd Elisabeth mi to the end of the .^ ,.™^„^ «-„ . n— _ _j in the meantime order hir dismission from the Dani Dennison Esqr prison in Boston to Returne home w* hir hus- Jno Pynchon band to Newbery Prouided she goe not aboue Joseph Dudley sbcteen Rods from hir Oune house || & land || Nath Sajtonstall at any time except to the meeting house in Tho Sauage Newbery nor remoove from the place Appointed Jno Hull hir by the minister & selectmen to sitt in whilst James Russell there Peter Tilton past E. R. S.* Although Elizabeth Morse was not pardoned, but only reprieved until the end of the October session of the General Court in 168 r, she returned to Newbury, where she remained untU her death, in the house owned and occupied by her hus band, on the southeasterly side of what is now known as Market square, Newburyport. f WiUiam Morse died November 29, 1683. His wife was Uving at that time, and was appointed one of the executors of his vrill. She made oath January 8, 1683-4, to the in ventory of his estate. The date of her death is unknown, but at her decease the old homestead became the property of her daughter AbigaU, wife of John Hendricks. June 19, 1696, Moses Pingry and wife AbigaU (formerly Abigail Hen dricks) sold the house and land to Daniel Davison. SAMUEL SEWALL. The worthy and upright judge who sat on the bench at the witchcraft trials in Salem in 1692 \vas closely identified with the early history of Newbury, and manifested, during a long and eventful life, a deep and abiding interest in the wel fare and prosperity of the town. • Records of the Court of -Assistants, p. 133 ; Ibid, (printed copy) , p. i8q. t" Ould Newbury," pp. 627-629. THE SETTLEMENT AT MERRIMACK RIVER 191 His father, Henry Sewall, came to Newbury in 1635. In 1646 or soon after, Henry Sewall and his wife Jane (Dum mer) Sewall returned to England, where they remained for several years. In 1659, Henry SewaU came again to New bury, and two years later his wife and children followed him. Samuel, the eldest son of Henry and Jane (Dummer) Sewall, was born at Bishop Stoke, Hampshire, England, and came with his mother to Newbury in 166 1. He was' fitted for college by Rev. Thomas Parker, and graduated from Har vard in 1 67 1. He married, February 25, 1675-6, Hannah, daughter and sole heir of John Hull, goldsmith and master of the mint at Boston. He was a member of the governor's coun cil, under the colonial and provincial charters, for nearly forty years, and for ten years chief -justice of the province of Mas sachusetts Bay.* In his diary, which is an interesting and valuable con tribution to the history of New England, he recorded with great care and fidelity the events and incidents that came to his notice, and did not neglect to mention the visits made and the advice given to relatives and friends in Newbury.' In a book that he published in 1697, entitled "The New Heaven upon the New Earth," f he gave expression to his hopes and fears in words that Whittier has incorporated and immortalized in " The Prophecy of Samuel Sewall." It is remarkable that Mr. [Thomas] Parker, who was a successful! schoolmaster at Newbury in Berkshire in the happy days of Dr. [Wil liam] Twisse ; was much about this time [1634] preaching and proving at Ipswich, in Essex, [Mass.] That the Passengers came over upon good Grounds, and that God would multiply them as He did the Children of Israel. His text was Exod: 1,7. [And the Children of Israel were fruitful and increased abundantly, and multiplied and waxed exceeding mighty : and the land was filled with them.] As Mr. Nicholas Noyes who was an Auditor, and is yet living, lately informed me, Mr. Parker was at this time, 1634, principally concerned in beginning Newbury *" Ould Newbury," pp. 245-239. t " PhtBttonuna guadam Apocalyptica ad Aipecijim Novi Orbis Configuraia. Or, some few Lines towards a description of the New Heaven as It makes to those who stand upon the New Earth." First edition (Boston), 1697, pp. 59, 60. Second edidon, 1727. (Bodi editions in Boston Public Library.) Phsenomena quaedam APOCALYPTICA Jd Afpeilum NOVI ORBIS configuraia. Or, fome few Lines towards a defcription of the New HEAVEN As It makes to thofe wJio ftand upon the NEW EARTH By Samuel Seivall fometime Fellow of Harvard CoUedge at Cambridge in New-England. Plalm, 45. 10, Vorget alfo thy orin people, and thj fxthers'honfc. Ifai II 14. But thej/hati fly u^on thefhoulders of the Philijlins cotpxrd the viH. Ail. 1.6 — 8 Lord, mit thou at this time refiorc '^g-t'n the l^ngdom to Ifrael ? ye fljaU hc -aitnefes unto me unto the utternfjh parts of the earth; hafta lo uldrno de la tierra. Spxni/h Bible. Luke, I 5 14 For this My Son xods dead, and is alive again ; he "Vjs loji, and is found. V 5 Z. For this thy Brothe,- (^c. nietftji def rit Promiflis; reflifuet Rcgr.um Jfraeli; (ed Tuo modo, !cco, ac tfm^t. But'inger Ncquis ida a me difta, aur adducta accipiar, quair cor- tfndendi/3Qt adverfandi ftudio i ac non di-tendi potius, ac cor.irendi gra:u Fux Me.d-.- Apoc p. 5 7 l ¦ "d PhiaUm Scxt^un. iJMJSSJCHVSET; BOSTON, Prmted by Bartholomew Great, and John Alhu. And are to be fold by Richard Wilkins, 1697 THE SETTLEMENT AT MERRIMACK RIVER 193 where the Learned & Ingenious M' Benjamin Woodbridge, Dr. Twisse's successor had part of his Education under his Uncle Parker. Mary Brown (now Godfrey) the First bom of Newbury is yet alive,* and is become the Mother and Grandmother of many children. And so many have been bom after her in the Town that they make three or four large Assemblies wherein God is solemnly worshipped every Sabbath, As long as Plum Island shall faithfully keep the Commanded Post ; Notwithstanding the hectoring words and hard Blows of the proud and boisterous Ocean ; As long as any Salmon, or Sturgeon shall swim in the streams of the Merrimack ; or any Perch or Pickeril in Crane Pond ; As long as the Sea Fowl shall know the Time of their Coming, and not neglect seasonably to visit the Places of their Acquaintance ; As long as any Cattel shall be fed with the Grass growing in the meadows, which do humbly bow themselves before Turkie Hill ; As long as any Sheep shall walk upon Old Town Hills, and shall from thence pleasantly look down upon the River Parker, and the fruitful Marishes lying be neath; As long as any free and harmless Doves shall find a White Oak or other Tree within the Township to perch, or feed, or build a careless Nest upon; and shall voluntarily present themselves to perform the office of Gleaners after Barley-Harvest ; As long as Nature shall not grow old and dote ; but shall constantly remember to give the rows of Indian Corn their education by Pairs ; So long shall Christians be born there ; and being first made meet, shall from thence be Translated to be made partakers of the Inheritance of the Saints in Light. Now, seeing the Inhabitants of Newbury, and of New England, upon the due Observ ance of their Tenure, may expect that their Rich and gracious Lord will continue and confirm them in the Possession of these invaluable Privileges ; Let us have grace whereby we may serve God acceptably with Reverence and godly Fear. For our God is a consuming Fire. Hebrews 1 2 : 28, 29. * In 1697. She died April 14, 1716. CHAPTER IV. 1685-1765. In 1679, New Hampshire was created a royal province, with John Cutts, Esq., of Portsmouth, as its first president. In 16S0, Robert Mason, grandson of Capt. John Mason, came over from England to look after his estates. He claimed, under the grant made to his grandfather before the settle ment of Massachusetts, all the land from Naumkeag (Salem) to the Merrimack river, and proceeded to give leases and demand rents for the occupation of the same, under a threat of seizure and sale. February 16, 168 1-2, the inhabitants of Gloucester and other places adjacent addressed a petition "To the Kings most excellent Majesty," stating that for more than fifty years they and their predecessors had owned and occupied the land now claimed by Mr. Robert Mason, and had never, until now, been molested or disturbed in the possession of the same, and humbly imploring his Majesty to interpose his royal authority and protect his loyal and obedient subjects in the maintenance of their legal rights. The Newbury men who signed this petition were Caleb Moody, Daniel Pearce, Tristram Coffyn, Nicho : Noyce, Joseph Pike, Richard Dumer, Henry Sewall, Jno. Hale, and Jno. Woodbridge.* At a meeting held at Whitehall July 20, 1683, the Pri\y Council of the king decided to issue a quo warranto against " the Governor and Company of the Massachusetts Bay," and ordered that " Mr. Edward Randolph be sent to New England with the notification of the said quo warranto." June 21, 1684, the Court of Chancery, to which the business had been transferred, made a decree vacating the charter.f Counsel for the colony moved for an arrest of proceedings on the * Massachusetts Colony Records, vol. v., pp. 334-336. t Palfrey's History- of New England, vol. iii., p. 390. THE SETTLEMENT AT MERRIMACK RIVER 19S ground that time had not been allowed for procuring a power of attorney between the issuing of the writ of scire facias and the day appointed for its return ; but the court ordered, October 23, 1684, final judgment to be entered, and the charter annulled.* Charles II. died February 6, 1685. In December, 1686, Sir Edmund Andros became govemor of all New England ; and Robert Mason was a member of his council. Perplexed with doubt and anxiety, the inhabitants of New bury, anxious to retain possession of the land that then, according to English law, reverted to the crown, evidently endeavored to establish and maintain friendly relations with the new govemment. Robert Mason on his way from Boston to Portsmouth often stopped in Newbury for consultation and conference with some of its most prominent citizens, and occasionally exerted his influence with the govemor to secure appoint ments for his friends in various positions of honor and trust, as the following letter indicates : — Great Island (Portsmouth), Aug. 13, 1687. To his excellency Edmund Andros, Sir, Your excellency may please to remember I proposed some persons as fitting to serve his majesty in the town of Newbury both in civil and military affairs. In my return to this place I had discourse with several persons, the most considerable of that town, that by want of justices of the peace, nothing hath been done at the meeting of those inhabitants for settling the rates and other concerns of the publick. Mr. Woodbridge, one of the justices is very ancient and crazy and seldom goes abroad. Mr. Dummers, the other justice, lives six miles from the place and therefore very unfit for that service for the town of Newburj", besides his other qualities in not being of the loyal party as he ought to be. I doe therefore intreat of your e.xcellency, that in the commission of the peace my two friends, Daniel Pierce and Nathaniel Clarke may be put, which I assure myself will be for his majestys service and to your excellencys satisfaction. There are no military commissions sent to that place and therefore I doe intreat your excellencys favor that commissions be sent these fol lowing persons : • Palfrey's History of New England, vol. iii., p. 394. 196 HISTORY OF NEWBURY Daniel Davison to be Cap' of Horse for the Town of Newbury and Rowley, Stephen Greenlif, Junior, Lieut., George March, Cornet. Thomas Noice Capt of ffoote Stephen Greenlif, Sen. Lieu« \ first company James Noice, Ensign J Nathaniel Clarke, Capt of ffootA John March, Lieu' v second company Moses Gerrish, Ensign ) I shall desire your excellency that Mr. Davison may have his com mission first for raising the troops there being many young men that will list themselves under him if not before listed by the Captain's ffoot. He is very well beloved and I presume will have the completest troops in the country. I shall be extreem glad to heare of my good ladys safe arrival, which so soon as I shall understand, I will make a speedy journey to Boston to kiss her hand. I came last night to this place. I hope all things will go easy so that I may have no occasion of using the former severities of the law against my tenants. I had rather see them rich than poor. I humbly kiss your excellencys hands and am Your excellencys servant, Robert Mason.* In 1688, Robert Mason died suddenly at Kingston, on the Hudson river, while on a journey from New York to Albany in company with Sir Edmund Andros. After his decease his two sons, finding it difficult to estab lish their claim to the disputed territor)', and impossible to collect from the inhabitants anything by the way of rent, sold to Samuel Allen, a merchant of London, " All that Province or tract of land in New England in America commonly called New Hampshire, lying between the Rivers of Namekeke and Piscattaqua, and the ground & soil therein, and also the South half of y^ Isles of Shoals." f The charter of the province of Massachusetts Bay, granted by King William and Queen Mary October 7, 1691, pro vided "that nothing herein conteyned shall extend or be understood or taken to impeach or prejudice any right title. Interest or demand which Samuel Allen of London, merchant, claiming from and under John Mason, Esq., deceased or any other person or persons, hath or haye, or claimeth to have, • Massachusetts Archives, vol. cxxvii., pp. 20 and 21. t Memoir of Capt. John Mason, published by the Prince Society, 1SS7, p. 51. THE SETTLEMENT AT MERRIMACK RIVER 197 hold or enjoy of, in to or out of any part or parts of the premises scituate within the limitts above mengOned." * The dividing line between Massachusetts and New Hamp shire remained unsettled for many years. August 10, 1737, the legislatures of the two provinces met by adjournment, one at Salisbury, Mass., and the other at Hampton Falls, N.H. A cavalcade of mounted horsemen escorted Governor Belcher and the members of the Massachusetts legislature from Bos ton to Newbury, another company accompanied them to the dividing line, and three additional companies led the proces sion to Hampton Falls. The occasion was one of consider able excitement, and the pomp and parade of the governor's escort was humorously described and mildly ridiculed in the following lines : — " Dear Paddy, you ne'er did behold such a sight As yesterday morning was seen before night. You in all your born days saw, nor I didn't neither. So many fine horses and men ride together. At the head, the lower house trotted two in a row, Then all the higher house pranc'd after the low ; Then the Governor's coach gallop'd on like the wind, And the last that came foremost were troopers behind ; But I fear it means no good, to your neck nor mine ; For they say 'tis to fix a right place for the line." f The members of the two provincial legislatures were unable to agree upon the details of the plan submitted to them for the settlement of the questions in dispute, and adjoumed, after several weeks of deliberation and discussion, without ac complishing the object for which they assembled. In 1740, the dividing line was fixed and established by the " King and the Lords of the Privy Council," but some ques tions of importance in regard to the laying out and surveying of the same were left undecided until the close of the nine teenth century. In 1785, the heirs of Samuel Allen and the descendants of Robert Mason were contending in the courts of Massachusetts • Province Laws, vol. i., p. 10. t Belknap's History of New Hampshire, vol. ii., p. 139. 2 00 HISTORY OF NEWBURY and Nevv Hampshire for the land granted Capt. John Mason in 1622.* In 1 899, the marks and bounds between the two states were adjusted and completed under the supervision of a board of commissioners, of which the Hon. George W. Cafe, of Ames- bury, was a member. January 5, 1686-7, the selectmen of Newbury presented the following petition : — To Sr Edmond Andrewes, Knight Governor of his majesties posses sions and Dominions in New England in America. The Humble Petition of the Inhabitants of the Towne of Newbury in the County of Essex in New England sheweth : Whereas our Sovereign Lord King James the Second of his most gracious favor hath been pleased to Send your Excelency to be Gover nour over us in these his majesties Territories and Dominions in Amer ica, and hath nominated sundry p^ticular Gentlemen of this Country to be your excelencys Honourable Councill for the right management of afiairs for the ease and good of his subjects here, and there not being one of the s^ Councill that doth inhabite neerer unto us than twenty miles, and this Towne w day of January An. Do. 1686-7 in ye second yeare of his Majestys Reigne Jno Usher Treasurer.* On the twenty-fifth of February following, the selectmen levied a tax upon all the inhabitants of Newbury, which was entered in full upon the records of the town, and a retum thereof made to the treasurer of the colony as follows : — Worshipful s"", according to your warrant bearing date January 20, 16S6-7 we have made a rate according to former usage and custome ye sum of which ^40 & los (heads being rated by us at 20' or his Deputy." f June 22, 1687, his Excellencv' "ordered that the records of Essex county be delivered into the hands of Stephen Sewall who is commissioned to be clerk of the Inferiour Courts in the County of Essex." % At this time John Usher was treasurer and receiver-general of New England. He was ordered to send out warrants for the assessment and collection of taxes to meet the annual expenses of the government. Manv inhabitants of the colony refused tb pay these taxes, and the treasurer was compelled to purchase arms and am munition for the expedition against the Penobscot Indians with his private funds or by the use of his personal credit. After the Revolution of 1689 he was sued for the recover}' of a lai-ge sum of money due on several unsettled accounts. The case was decided against him. He was imprisoned, and ^Town of Newbury Records, vol. ii. (1680-3), PP- 62, 63. t Massachusetts Archives, vol. cxxvii., leaf 128. t Ibid., vol. cxxvi., leaf 364. THE SETTLEMENT AT MERRIMACK RIVER 203 his property seized and sold. Among the papers that remained in his possession until his death was the following tax list of the inhabitants of Newbury in 1688, fourteen years of age and upwards : * — TAXES UNDER GOV. ANDROS. Town Rate of Newbury, 1688. .4n Invoyes of August, '88. Xewbury. •i i 4> O 5 S S rt o « 1 \0 Jn" Woodbridg, Esqr o 4 30 50 40 2 Capt Rich'l Duiner, Esqr . . . I 4 12 40 40 2 Capt D» Peirce . . I 4 40 so 100 5 Mr Richtl Kent O 2 6 20 30 2 MrRichilDole . . I 4 15 30 40 4 Henry Short .... I 3 12 20 30 3 Mr Pere Lowle 2 I 5 10 0 I Mra Lowle S: Thomas . I I 5 10 0 0 Dec.Noyes I 4 16 30 4 2 Ensign Clark 3 4 14 16 10 Z Uoctr Toppan . . 3 4 14 12 I 2 IMr Longfellow I z 6 10 0 I Serj Richardson .u 2 12 16 3 2 Serj Moodey 3 4 iS S 2 3 Serj Coker 3 2 12 12 0 3 Serj Badger 2 3 10 iS 4 2 Serj Noyes . . . I 2 10 12 S I Serj Hale 3 2 7 0 0 2 Corpl Edmund & Jonathn Moen I 2 12 20 20 2 Mr Lunt I I 7 10 0 2 Mr Wm .Moodey . I 2 18 , 15 0 2 Mr Moses Gerrish I 3 10 10 6 2 Mr Wm Noyes . . I 3 4 0 0 I Rich'l Jackman . . . I I 3 I 2 I Abra Addams ... I 2 12 30 20 2 Edmund Moers, Jur . . . I I 2 12 16 I Joseph Goodridg . . I I 8 15 10 2 Dunkan Stuard . ... I O 0 0 0 I Charls Stuard I o 0 0 0 0 Wm Chandler . . I I 4 0 0 2 Jno Bartlet, Senr 2 2 10 12 0 ' Joshua Richdson ... I O 6 10 0 I Wra Danford . I O 0 0 0 I Joshua Boynton ... I O IO 20 3 I John Kent Senr I 2 14 30 80 3 Georg it Moses Little ... . I 2 IZ 34 8 2 James Jackman Senr & Junr . I 2 6 g 2 2 Joseph Downer .... I I 6 8 3 2 Benj Coker I I 6 0 0 0 Mr Jos Woodbridg .... I O 0 0 0 2 Nathn Wheeler . ... I I 3 5 10 I Benj Wheeler .... I I 3 5 10 I 0 50 U 5-. >* 55 1 6 8 3 6 6 34 2 8 0 4 6 30 2 S H 3 7 7 60 12 2 2 0 0 0 2a 3 ? 12 4 10 10 40 6 4 5 3 3 I 30 3 4 4 I Z I ro 2 4 4 I I I 10 z 4 9 5 3 3 33 6 4 S 0 0 0 30 3 3 4 6 2 4 50 3 0 I 2 I I 10 2 2 3 : 0 0 10 I 4 6 0 I 3 30 4 4 4 2 0 0 30 I 4 8 0 2 2 2S 4 2 S 2 2 I 20 4 4 4 2 2 0 16 S 2 3 4 I 0 iS I 2 4 2 0 2 6 4 4 5 3 0 5 20 5 2 6 0 0 0 15 I 0 X 0 0 0 12 0 2 2 0 I 3 6 0 4 8 4 3 4 30 3 0 3 0 0 2 6 3 4 4 3 2 4 16 0 2 7 3 I 0 14 I 0 0 0 0 0 0 0 2 3 0 0 0 8 1 4 4 0 0 0 30 3 0 4 I 0 I 10 I 0 0 0 0 0 0 0 I 2 I 2 2 3 1 4 12 0 3 4 35 4 6 S 4 4 4 40 6 4 4 3 2 2 *5 S 2 4 2 I I 20 3 » New England Historical and Genealogical Register, April, 1S78, pp. 156-164, inclusive. 204 HISTORY OF NEWBURY An Invoyes of Alglst, '88. Newburv. Thomas Titcomb Richd Petengall Samll Petengall Mattw Petengall . Comt Jlarch Tho: Thurlo fEranc Thurlo John Thurlo Steph n Jaques Thomas Hale Senr Thomas Hale Junr Richd Dole Junr . Widw Peer John Poer Henry Poer Joseph Poer Senr Danill Thirston . . Jos : Plunier Senr Samll Plumer Ephrain Pluiiier James Browne Wid"" Knight . John Knight Joseph Knight Benj Rolfe . John Noyes ffranc«s Wil let Nicho Raulince Samll Hills . Jno Hendrick Mr Tucker James Carr Joseph Mayo William Worum Benj Person Joseph Moring Robt Mingo Timoth Noyes . Jonath Clark Joshua Mors . John Kelly , Jonath" Emery Jno Atkin Senr Jno Webster Jut" Elisha Ilsley Isaack Ilsley Peter Cheuy Senf Danll Cheny (Constable) Joseph Pike Jno Wicomb George White Jn«> prson Senr J^r Jno Moodey Phillip rHood Wm Molton . 5O TJ g rt P4 sSo X 9 o 1 3 2 >• d %s s o 3 O o o O o o o o o o o 0 o 4 6 o o o o 2 3 o o I 6 2 o 4 6 o I o o 2 3 I o o ID I 2 I o o I o o 2 4 o o o 13 3 4 14 8 12 6 0 o 4 9 4 3 3 35 2 4 l6 i6 20 3 o o o 4 4 2 I IO I I i8 lO i8 o o o 2 2 o I I IO 2 o 2 o 0 I o o 2 I o O o o 0 4 i8 20 IO 2 o o 4 6 2 2 2 50 6 2 7 20 5 2 o o 2 4 3 2 2 15 0 2 7 20 5 I o o 2 3 2 2 I 10 2 2 6 0 2 4 0 12 20 6 14 24 10 7 ¦3 6 3 ro 6 5 12 0 s 18 8 8 12 6 6 12 4 3 26 22 20 3 14 20 7 6 6 0 6 6 0 2 4 0 6 10 0 3 5 0 2 6 0 10 20 14 8 18 6 5 2 2 0 10 0 4 3 3 0 20 2 4 I I 3 12 2 3 0 2 I IZ 3 3 0 0 0 15 2 3 0 ' 3 12 3 3 0 2 I 12 3 7 1 -» 6 12 3 4 I 4 2 30 5 4 2 0 t 15 6 I 0 0 0 2 0 I 0 0 0 0 5 I 0 0 0 6 I 2 0 0 I 0 4 6 16 THE SETTLEMENT AT MERRIMACK RIVER 205 An Invovbs of August, '88. Newbury. vi i0 -2 SB 3 i 2 3 a 0 •d 3 i X X &4 leq a< X n M 0 u t*» M X Collen Srazer 0 2 6 6 I 0 0 0 5 0 2 0 0 Antho. Mors ... 2 3 0 2 0 0 0 0 I I I 12 0 Jno Hale Jur I 6 ID 4 2 0 0 2 3 2 I 0 I Joseph pluiner Junr .... 0 0 0 0 X 0 0 2 4 3 0 12 3 Peter Cheny Jur ... 0 0 0 0 0 0 0 0 0 0 0 0 0 0 George hardee . . . 1 6 0 0 0 0 0 2 4 0 Q 6 I Thoinas Green 0 0 0 0 0 0 0 0 0 0 0 0 0 James Stuart .... 0 0 0 0 0 0 0 0 0 0 0 0 0 Ben Goodridg Jur . 0 0 0 0 0 0 0 0 0 0 0 0 0 Hugh Mathews 0 0 0 0 0 0 0 0 I 0 0 0 0 Silvanus Plumer . . . I 7 15 6 2 I 0 2 3 2 X 12 3 Samll Greenleaf . . 0 2 2 0 0 0 0 0 I 0 0 0 0 James March . . . . 0 0 0 0 I 0 0 0 0 0 0 0 0 Nath CUrk Jur . 2 6 4 0 I 0 0 2 2 0 0 12 I Edward Ordway 2 6 6 0 2 0 0 4 2 2 0 "S I Jno March 3 2 0 0 2 0 0 0 0 0 0 0 I AbeU Huse Jur . 0 0 0 0 0 0 0 0 0 0 0 0 0 WmHuse ... 0 0 0 0 0 0 0 0 0 0 0 0 0 Danl Peirce Jur . 0 0 0 0 2 0 0 2 I 0 0 6 0 Jno Stickney . . . 2 6 3 0 I 0 0 0 2 0 0 3 I Joseph Wheeler . . 0 0 0 0 0 0 0 0 0 0 0 0 0 Mr L. Hart 2 0 0 0 0 0 0 0 0 0 0 0 0 Steph Emery . . 0 0 0 0 I 0 0 0 0 0 0 0 0 Capt Tho: Noyes . . 4 16 30 3 4 0 0 5 7 0 0 0 38 7 Mr H. Sewall 0 4 I 0 0 0 0 0 0 0 0 0 0 0 2 Levt Woodman 0 I 10 16 2 I 0 0 4 4 2 0 2 10 3 Lev' Greenlef Senr 3 2 10 8 10 4 0 0 6 6 0 0 3 25 3 Levi Greenlef Jur 3 4 I 0 0 I 0 0 0 2 0 0 0 0 4 Ensign Toppan . . 2 2 8 10 5 I 0 0 4 5 0 2 2 25 0 Serj Browne . . 2 2 12 4 8 I 0 0 2 3 0 0 4 20 I Serj Emery 2 9 4 8 3 0 0 " 6 2 I 4 20 5 Serj Webster . . 2 6 10 0 2 0 0 2 7 I 0 0 20 2 Serj Little . . 2 12 12 20 2 0 I 6 12 5 4 5 30 5 Mr Woodman & Jonathan 2 8 16 4 0 0 0 2 4 0 0 2 15 0 Mr Jno Sewall . . . 2 6 s 6 I 0 0 4 6 I 0 2 30 4 Decn Long I II 15 3 I 0 0 2 3 0 0 0 10 I Decn CofEn . . . 4 5 8 3 2 0 0 4 5 2 I 3 30 2 Dr Dole . . . 4 2 0 4 I 0 0 0 2 0 0 0 0 I Mra White 4 0 0 0 0 0 0 0 I 0 0 I 0 I Corpll Smith . . 2 *4 16 0 I 0 0 4 3 I 0 0 20 2 Jno & Joseph Bayley 2 24 0 2 0 0 4 9 3 2 0 30 4 Henry Somerby 2 12 20 24 2 0 0 4 6 2 2 I 30 2 Isaac Bayley . . 2 15 6 0 I 0 0 4 6 0 I 3 20 3 Richi Bartlet Senr . 2 7 4 I I 0 0 0 3 0 0 2 0 I Samll Bartlet . . . T 4 2 10 2 0 0 0 3 t 2 0 10 2 Richd Bartlet Jur -> 2 0 6 2 0 0 0 5 0 I 0 10 3 Mr H. March Senr 3 -> I 0 I 0 0 0 I 0 0 0 0 0 Abiam Alerrill 2 12 4 0 2 0 0 2 5 0 2 0 20 4 Daniel Merrill . . 2 12 0 0 2 0 0 2 5 4 0 4 30 6 Abell Merrill . . I 5 0 0 £ 0 0 0 5 2 2 2 10 4 Jno Merrill . . . . . I 5 3 0 I 0 0 2 I 0 0 0 8 0 PenuU Titcomb ... 2 9 20 0 2 0 0 2 4 I I 2 20 2 Wm Titcomb I 2 0 0 0 0 0 0 0 0 0 0 0 0 Caleb Richdson . 2 2 0 0 0 0 0 0 2 I 0 0 I I Joseph Richdson I 6 0 0 I 0 0 0 2 0 0 0 6 0 206 HISTORY OF NEWBURY An Invovbs of August, ¦ Newbury. Penll Titcomb .... Jno Kent Junr James Ordway . . John Ordway .... Peter Marshall . . Jno Badger Jun' Jno Kingsbury . . . Joseph Rowleson Mr Wm Nisbitt . John Browne John Davis Zach Davis . . Ephrm Davis . . Jeremiah Davis Comis Davis Edwd Woodman . . Samll Poer Joseph Poer Junr Edw-rd Poer Aquilla Chace . Danll Mussilloway Benj Lowle . . . Charls Anis . Hugh March Junr John Swett . . . Abiell Long Widw Rebe Browne Jno Browne Peter Godfrey Richd Browne . . . Joshua Browne (Constable) Henry Lunt Wm Bolton Wm ffaning Tho: Rodgers Jno Mitchill Tho Chace Tho : Holinsbee . Abell Huse Moses Chace Hugh Pike Wm Muffit . Jno Emen.' Juni" Wm Sawyer Steph. Saw\*er Jno Sawyer Samuell Sa\\yer Jno Chace Benj Mors . Zach Ayers . Tho: Bartlet Jno Greenleaf Jno Worth . Abell Pilsbur\' Job Pilsbur)- 'i o u 2 3 4 S 4 4 1 0 IO 0 i6 0 30 2 30 I 7 15 15i5 THE SETTLEMENT AT MERRIMACK RIVER 207 An Invoyes of August, '88. >i 5. * . •d •d •0" •d •d Newbury. •s a Sis0 s s 0 ¦a a V 1 0 X 0 i >• i X Wm Pilsbury . I 4 0 0 0 0 0 0 2 Q 0 0 8 X David Kily . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 James Coffin 2 0 0 0 0 0 I 0 3 0 0 0 0 X Joseph Ilsley' . 2 8 12 6 X 0 0 2 4 2 3 2 20 3 Tobi Coleman . 0 4 6 0 I 0 0 2 3 0 2 0 0 4 Jonath Thurlo I 0 0 0 I 0 0 0 2 0 0 0 8 0 Rich* Thurlo 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ayres- 2 I 0 6 7 2 I 0 3 X SamU Ayres I 12 40 5 3 0 0 4 5 I 4 0 16 7 John Craw . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Henry Toltwood 0 0 0 0 I 0 0 4 0 0 0 0 0 0 Henry Dole -. 0 0 0 I 0 0 0 -» 0 0 0 5 3 Total. . =69 By virtue of a warrant from Jno Usher Esqr Receivr Genii of his Majes Revenues wthin his Territory and Oomioion in Newe England bearing date July 14, in y* fourth year of his Maje* Reigne Annoq Dom' 1688. We ye subscribed Coihissioner & Selectraen of Newbury being mett together this 30 of August 16S8 have made a list of the male p^sons of our Towne, from foreteen years old & upwards & a true estimation of all Reall & prsonall estate, according to ye act of Councill according as is contained in these five sheets &, y^ sum is Sixty pounds two Shillings & sixpence. Thomas Noyes, Com Indorsed. } D. Davison D. PEIRCS Daniel Cheny ) Joshua Browne ] Newberry Rate £60 2 6 Constab. Selectmen NathU Clarke f - ,r i_ „ 1 or Newbury. Jacob Toppan J Newberry Rates (The rate was written on six sheets. The second sheet begins with the name of RichM Pet engall, the third with that of Jonath'n Emery, the fourth with that of Capt. Tho. Noyes, the fifth with that of John Davis, and the sixth with that of Benj. Mors.) PROVISIONAL GOVERNMENT, When it became known that King James II. had been compelled to leave England, and that William, Prince of Orange, had entered London in triumph, the inhabitants of the colony of Massachusetts Bay, irritated and exasperated by the arbitrary laws and illegal taxes to which they had been subjected under Sir Edmund Andros, determined to submit no longer to his despotic rule. April i8, 1689, they de manded the surrender of the fort on Castle island in Boston harbor, seized and imprisoned Sir Edmund Andros, and in the month of July following sent him to England by order of King William III. A committee of safety, composed of some of the most 208 HISTORY OF NEWBURY prominent citizens of Boston, was appointed to correspond with the authorities of other towns in the colony in regard to the organization of a temporary government. At a meeting of the inhabitants of the town of Newbury, held May 6, 1689, Capt. Thomas Noyes and Lieut. Stephen Greenleaf, sr., were chosen to consult with the Committee of Safety in Boston, "and consider with them what may be best for the conservation of the peace of the country." * Plans for a provisional government, with all the powers and privileges needed for such an emergency, were matured, and submitted to the freemen of the colony for approval. May 20, 1689, the inhabitants of Newbury voted that " we freely now give our consent to the freemen of this Towne to make choyce of the Gov'', Dept. Gov"', and the As sistants chosen and sworn in the year 1686 to be our Lawfull authority, and desire our Representatives which we make choyce of to attend this business this weeke or so long as they necessiarily may be detained in settling this matter and that the ffreemen choose and send down their deputys as ¦formerly." * At a meeting held June 3, 1689, Capt. Thomas Noyes and Lieut. Stephen Greenleaf, sr., were again chosen to rep resent the freemen of Xewbury in Boston in compliance with an order received from the Committee of Safety, dated May 30, 1689. June 21, 1689, "by order of the Governm' & Committee of Safety dated June 14, 1689," a meeting was held for the election of town officers in Newbury. Richard Dummer was chosen moderator, Moses Little and Benjamin Morse con stables. Moses Gerrish, Joseph Pike, Abraham Adams, Joseph Knight, and John Emer}", selectmen. John Noyes, Richard Brown, Daniel Merrill, and John Badger, way wardens. It was also "voted to allow the selectmen only twent\- shillings a piece for this years ser vice." At a meeting of the inhabitants of the town held July i, 1689, •Town ot Xewbury Records, vol. iii., p. loi. THE SETTLEMENT AT MERRIMACK RIVER 209 . . . ffor the setding of our millitia for the prsent exegences it was voted that our desire is that all our milletery officers that were in comission upon May 12, i686 do take y care and conduct of us in peace and war, as they in their discresion shall see meete untill we shall have time and opportunity for a farther choyce.* It was also voted yt the selectmen shall forthw* provide eight bushels of wheat & get it amediately made into biskit to be disposed of accord ing to ye discression of the Captains to such souldiers as shall go out against ye Indians or for ye use of the Towne otherwise, if y be not occasion for ye end aforesi^.* Also we desire & empower ye s<' Committee of militia to appoynt so many houses to be fortified among us as they shall see cause & to pro portion so many familys to each fortification according to they dis cression.* The new charter establishing the province of Massachu setts Bay was, after considerable delay, granted by the king in September, 1691 ; and Sir William Phips was appointed royal governor. He arrived in Boston May 14, 1692 ; and a few days later the new government was inaugurated with an imposing civil and military parade. Writs were issued for an election of deputies to the General Court to be held on the eighth day of June following. Capt. Daniel Pierce and Capt. Thomas Noyes were chosen to represent Newbury in the first legislative assembly convened under the new charter. DIVISION OF THE UPPER COMMONS. As early as May 21, 1679, a committee, consisting of Mr. John Woodbridge, Mr. Richard Dumer, jr., Henry Jaques, Tristram Coffin, John Emery, jr., Francis Brown, John Baily, Robert Long, Richard Bartlett, James Ordway, Tho. Hale, jr., and Capt. Daniel Peirce, was appointed to devise, if possible, a way or plan for the division among the freeholders of the " upper commons," or the " upper woods " as they were sometimes called, from Artichoke river to the Bradford line. In consequence, however, of some dissatisfaction among the inhabitants, who were not freeholders, and therefore not directly benefited by the proposed distribution, no definite plan was adopted until several years later. At a legal meet- •Town of Newbury Records, vol. iii. 2IO HISTORY OF NEWBURY ing of the freemen and freeholders, held January i6, 1683-4, it was voted " that six thousand acres of the upper common shall be lotted out, namely, one thousand acres to the non- freeholders, and soldiers, and five thousand acres to the free holders, to every freeholder alike, with an addition to some few men that have deserved more, and this shall not be a precedent to the future in the ordering or dividing of any other part of the common." * Further proceedings were delayed until the freemen and freeholders could agree upon the size of the lots and the number of persons to whom one or more of these lots should be assigned. May s, 1686, a committee consisting of John Woodbridge, Esq., Capt. Richard Dumer, Capt. Daniel Peirce, Capt. Thomas Noyes, Lieut. [Tristram] Coffin, Deacon [Cutting] Noyes, Deacon [Robert] Long, Ensign [Nathaniel] Clarke, Mr. Richard Bartlet, Lieut. [Stephen] Greenleaf, Mr. Richard Dole, sr., Sergt. [Caleb] Moody, James Ordway, sr., Sergt. John Emery, jr., Joseph Pike, George March, and Henry Short, was chosen " to agree upon a meete way of dividing the commons and bring in they"' result and conclusion to the towne." * The committee reported October 20, 1686; and the town voted " that the upper commons be divided in the following manner ; namely, the six thousand acres, one-half of them in quantity and quality be divided among the freeholders, to every freeholder a like share, and the other half of said com mons be divided among all such inhabitants of this towne, and freeholders as have paid rates two years last past, propor tionable to what each man paid by rate to the ministers rate in the year 1685." * October twenty-first, a committee was appointed to lay out the land. At a town meeting held November twenty-sixth the lots were drawn, and December second the lot-layers were ordered to give the freeholders possession of the lots " in the name of ye town." On the first page of the Proprietors' Book, volume second, ** To\\"n of Newbury Records. 212 HISTORY OF NEWBURY the bounds and dimen.sions of these lots, with the names of the freeholders to whom they were assigned, are recorded, and also the following statement : — Whereas the freeholders & inhabitants oT the Towne of Newbury did by a vote of theyrs dated October 20, 16S6 pass a vote yt the upper comons be divided that is the six thousand acres, the one half to ye free holders, to every freeholder a like share as in ye s^ vote may appeer more at large And whereas ye Town at a Legal meeting October 21, 16S6 did then apoint and choose Capt Danll pearce. Lieu' Greenleaf, Lieut Coffin, Ensign Clark, Joseph Pike, and Serjent John Emery & Henry Short to be a committee to lave out ye above sti six thousand Acres to ye freeholders and inhabitants of Newbury according to the rule above mentioned The freehold lotts being laid out by ye sd Committee, and ye free holders meeting Nov. 26, 1686 they did then draw ye lotts yt is the free hold lotts as is hereafter expressed. And at a legali meeting of the freeholders Dec. 2, 1686 and of the whole Towne it was voted yt ye two lott layers viz. Lieut Coffin & Henry Short should lay out to ye freeholders and give them possession in the name of ye Towne of y freehold lotts according as they were drawne which is done and Bounded as followeth together with ye high wayes which were appointed by the Committee the second of Dec. 1686 The first range of lotts for the freeholders begining at Serj John Emerj^s ffarm * and so running up Merrimack river unto Mr. Gerrish his farme.f One hundred and sLx lots were recorded as laid out by the committee appointed December 2, 1686; but the record was declared to be imperfect, and it was made void at a town meeting held September 26, 1687. On that day the inhabi tants of the town appointed Tristram Coffin, Joseph Pike, John Emery, and Capt. Thomas Noyes to make a new list of the lots, giving their bounds and limits and the names of the freeholders by whom they were drawn. The same com mittee was chosen January 27, 1687-8, at a meeting of the freeholders ; but, Capt. Xoyes declining to serve, Richard Dole was elected in his place. The committee i-eported in detail March 2, 1687-8, care fully describing each lot as follows : — *,\t Artichoke river. t Mr. John Gerrisli's farm was at or near the dividing line between the town of Newbury and Bradford. THE SETTLEMENT AT MERRIMACK RIVER 213 The first lot figr (i) being in estimation thirty rods broad at Brad ford rode & twenty nine rods broad at the end next the River be it more or less. Laid out to the originall right of Samuel ScuUards freehold drawn or claimed by ensign Nathaniel Clark Bounded by Serj Emerj-s land easterly, Bradford Rode southerly, by the Second lott westerly, by the highway of four rods broad next Merrimack River northerly. The Second Lott fig' (2) being in estimation eighteen rods broad at Bradford rode & at ye river and twenty five rods broad be it more or less Laid out to the original right of Thomas Colemans freehold drawn or claimed by Serj ffrancis Browne bounded by the first lott easterly, Bradford Rode southerly, by the third lott westerly, & by the high way of four rods broad next Merrimack River northerly. One hundred and eleven lots, with one additional to Peter Cheney "for the Mill freehold," were recorded, and also the statement of the committee made December 2, 1686, and printed on the preceding page, to which a clause was added laying out " a highway or Rode thru' our s"* land to Bradford line, begining at Artichoak River and so continuing to Brad ford line," four rods wide.* DIVISION OF THE LOWER COMMONS. The committee appointed. May 5, 1686, to agree upon a plan for dividing the common land belonging to the free holders of Newbury, recommended, October 20, 1686, that eleven hundred acres of the lower commons be divided into five general pastures, and the rest of the commons into wood lots, according to the rule adopted in the division of the upper commons. October twenty-first, the freeholders voted to allow the wood lots to remain undivided "for feeding, burning, and carting," and Deceraber 13, 1686, Capt. Thomas Noyes, Thomas Hale, sr.. Ensign [ ] Toppan, Joseph Ilsley, and Abraham Merrill were appointed a committee to lay out the five pastures.! January 13, 1701— 2, the freeholders voted to divide, "ac cording to former rule, eighteen hundred acres of the lower *Town of Newbury (Proprietors') Records, vol. ii., pp. 22-40, inclusive. t Ibid., vol. i., p. 17. 214 HISTORY OF NEWBURY commons, reserving pasturage for four cows for the ministry in the east end of the towne, three for the ministry in the west end, three for the free school, and the herbage of twenty cows for the benefit of the towns poor.'' * January 21, 1 701—2, a committee was appointed "to stint as to herbage" all the common land remaining undivided, and also to apportion among the freeholders and inhabitants, according to the rule previously adopted, all the wood and timber standing on the said land. The committee, " consist ing of John Pike, Jacob Toppin, Aquila Chace, Stephen Jaques, Henry Somerby, John Ordway, Henry Short, and Thomas Hale," completed their work December 12, I702.-)- June 22, 1708, the herbage on the wood lots and on other land lying in common was again divided among the freehold ers and inhabitants of the town in proportion to the tax that each man paid for the support of the ministry in 1685. July 6, 1708, a committee appointed for that purpose re ported in favor of dividing the wood lots into two general pastures, and the other common lands into four pastures, to be held by the persons to whom they were assigned for their sole use and benefit. J March 14, 1714-1 5, the town granted Joseph Ilsley, Richard Kelly, John Pike, and others " liberty to build a pound by the country road near John Hales house for the impounding of cattle trespassing upon the general pasture at old town." RIVER LOTS AXD PUBLIC LANDINGS. When the new town was laid out in 1645, there was evi dently a narrow strip of land along the bank of the Merri mack river that was not divided among the freeholders. March 14, 169S-9 the lottlayers wth Majt Thomas Noyes, Mr George I\Iarch, Capt Stephen Greenleaf, & Mr William Noyes were chosen a committee to measure the Bank of Merrimack River belonging to the Towne from Capt John Kents to Col' Peirces little meadow § and bring ^Town of Newbury Records : also, Proprietors* Records, vol. ii., pp. S6-100, inclusive. t Town of Newbury (Proprietors') Records, vol. ii., pp. 47-85, inclusive. + Ibid., vol. ii., pp. 110-125. § Capt. John Kent's land was at the foot of what is now Kent street, Newburyport, and Col. Peirce's little meadow was near the comer of Ocean avenue and Plum Island turnpike. THE SETTLEMENT AT. MERRIMACK RIVER 215 an ace' to the Towne as also to examine the Records who they are who have a right to said lands.* January 19, 1703-4, a committee was chosen to divide the land on the bank of the Merrimack river into lots ; and Feb ruary 13, 1704-S, it was voted to number the lots, beginning at " Mr pearces meadow." Voted yt one man shall draw for every proprietor. Voted yt ye high way above s- (Second Parish) Records, p. 75. THE SETTLEMENT AT MERRIMACK RIVER 229 spicuous landmarks often mentioned in the early records of the town. * Only a few months after the organization of the, parish the inhabitants were greatly alarmed by an attack on the house of Mr. John Brown, then standing on the southwesterly side of Turkey hill. October 7, 1695, a party of Indians, who had secreted themselves in that vicinity, seized and carried away nine captives, all women and children. f BYFIELD PARISH. At a meeting of the freeholders and inhabitants of New bury, held December 9, 1701, "Upon y' request of Mrs Elizabeth Dumer, M' John Dumer, Mr Joshua Woodman, M'' William Moody, John Tricomb, Nathan Wheeler, Mrs. Jane Gerrish in behalf of her Tenant M' Richard Dumer, John Smith, Philip Goodridge Joshua Woodman, M'' John Cheney, rollen ffraiser, Philip de-lane, Robert Mingo y' the one half of their ministry rate heere may be abated for the next rate that is to be made," % it was voted to grant their request, as the petitioners were then living at " the falls," on Parker river, four or five miles away from the First Parish meeting-house, and somewhat farther from the recently organized church in the Second parish. December 16, 1701, about the sarae number of persons residing in the adjoining town of Rowley asked and obtained an abatement of one-half the tax imposed upon them for the support of the minister in that town. In 1 702 a few individuals, owning property in the vicinity, erected a meeting-house on or near the dividing line between New bury and Rowley, and invited Rev. Moses Hale to become their pastor. He accepted the invitation, and a parsonage was built for him in 1703. At a legal meeting of the inhabitants of Rowley, held March 16, 1702-3, it was voted : . . . that the inhabitants of Rowley living on the northwest side of the Bridge called Rye Plain Bridge, and on the northwest side of the hill *" Ould Newbury," pp. 339-356. t Ibid., pp. 287-290 ; also pp. 392-393. House No. 1S4, on map of West Parish, p. 392, " Ould Newbury," was owned and occupied by John Brown in 1695. + Newbury Town Records. 230 HISTORY OF NEWBURY called Long hill and joined with the farmers of Newbury that doth border on us in building a new meeting house for the worship of God shall be abated their rates in the ministry rate in the town of Rowley if they maintain with the help of our neighbours at Newbury an Athoro- do.x minister to belong to and teach in the meeting house that they have built, until such time as it is judged that there is sufficient number to maintaine in the northwest part of our towne a minister without the help of our neighbours of Newbury that doth border on us:f February 20, 1703-4, the inhabitants of the parish, having raet for consultation at the residence of Rev. Moses Hale, decided to call the place " Byfield " in honor of Col. Nathaniel Byfield, of Boston. f The Newbury part of the parish was set off October 21, 1706. Upon reading the petition of the Inhabitants of The falls in y= town of Newbury, It was voted yt ye Dividing Line in reference to their pro curing and maintaining a minister amongst themselves and for y' only, said Line shall begin att Rowley Rivers mouth, and so up said River to Rowley line & so all thence of the Southwardly side of the falls River & of the Northwardly side of the falls River, taking in John Cheney wth his land he lives on. and Mr Moodeys ffarm, and the ffarm com only called Mr Longfellows ffarm, and M' Gerishes farm, and the westerly part of y^ farm called Thirlow farm until it comes to the Dividing line between Francis Thirlow farm & Thomas Thirlow farm, — for so long a time as they shall maintain an orthodox minister amongst them. % May 13,1 707, the bounds and limits of the parish on the Rowley side were established. Beginning at the great rock in Newbury line, at the head of the great swamp lots, and so along by the northwest end of those lots to Thomas Jewett's land, and so on between said Jewetfs land and Rye plain land to the bridge called Rye plain bridge and so [on] the way that runs to Long hill, being at the path this side of Francis Nelson's house, and so to Long Hill, and so along to the road at the elder's plain that goeth to Samuel Brocklebank's farm and following on to the farm laid out as the right of Thomas Barker and so to Bradford line, and along as Brad ford line runs to Newbury line.§ The parish was incorporated in answer to a petition signed by John Dummer in behalf of the inhabitants of Newbury • .Massachusetts Archives, vol. xi., pp. 344, 345. t " Ould Newbury," pp, 291-300. X Town of Newbury Records. § History of Rowley, by Thomas Gage. p. 96. IHE SETTLEMENT AT MERRIMACK RIVER 231 and Rowley " of the Parish or Precinct upon Newbury Falls commonly called Byfield." The petition states that the parish has been set off by the consent of both towns, and a church organized. He therefore asks that its inhabitants may be further established by an act or order of the General Court, and granted the privileges, immunities, and powers usually granted to such parishes, and that they may be author ized to choose assessors and collectors to levy and collect taxes, etc.* October 28, 17 10, the General Court ordered . . . that the Precinct or District upon Newbury Falls sett off by Newbury & Rowley, commonly called Byfield, be an established, ac knowledged Precinct within the Intent of the Law, To have, use & Exercise the Powers and Privileges by law granted to such, for the Maintenance & Support of the public Worship of God there : And for asmuch as the Time for the anniversary choice of Officers for this Year is past. J'he Clerk of the said Precinct is hereby impowered that not withstanding to warn a meeting of the Inhabitants, and they to proceed to choose assessors & a Collector for ye same.f The Newbury part of Byfield parish is shown on the map on page 239, "beginning at the mouth of Rowley river," num ber 9 on the map, running up that river to the Rowley line, marked R, and thence in a northwesterly direction to a bound of stakes and stones, nurabered 15, and thence by a broken line to a point on a branch of the river Parker, marked N, and thence by the branch of said river to the bound begun at. Several changes have been made in the boundary lines since 1785, to suit the convenience of the inhabitants of that neighborhood. Since the incorporation of Georgetown in 1838 the parish has formed a part of three towns; namely, Newbury, Rowley, and Georgetown. In the burying-ground adjoining the meeting-house erected by the inhabitants of Byfield parish there is a gravestone sacred to the memory of Mehetable, wife of William Moody, who died August 8, 1702. "She was the first interred in this place." When the parish was incorporated, Stephen Longfellow, • Massachusetts Archives, vol. xi., p. 344. t Massachusetts Archives (Court Records), vol. ix., p. 74. w^s^^^i^n THE SETTLEMENT AT MERRIMACK RIVER 233 son of William Longfellow, paternal ancestor of the poet,. Henry Wadsworth Longfellow, was living at Newbury Falls,. " at the place commonly known as ye high field," and Richard Dummer, jr., owned the farm, bounded on the northeast and the northwest by the river Parker (subsequently sold to Mr. Eben Parsons, brother of Theophilus Parsons), now known as the Fatherland farm.* William Dummer, grandson of Richard Dummer, sr., was appointed deputy govemor of the province of Massachu setts Bay June 15, 1716, and held that office for fourteen years. From January i, 1723, to July 28, 1728, while Samuel Shute, govemor of the province, was in England, William Dummer occupied the gubernatorial chair ; and, after the death of govembr WilHam Burnet, September 7, 1729, he was again at the head of the govemment for nearly twelve months. He gave his dwelling-house and farm in Byfield parish to a board of trustees, with instructions that the an nual income thereof should be "appropriated and set apart towards the maintenance of a grammar school master." A school-house was erected on the Dummer farm, and dedicated February 28, 1763. The next day the school, under the charge of Samuel Moody, of York, Me., as master, com menced its regular sessions. It is still in successful operation, under the charge of Mr. Perley L. Home, A.M. In 1782 an act of incorporation was passed by the General Court, provid ing for the management and control of the school, under the title of " The Tmstees of Dummer Acaderay in the County of Essex." f The photo-engraving on the opposite page is taken, by per mission of Mr. Joseph N. Dummer, of Rowley, from a half tone plate in his possession. The portrait, painted previous to 1750, probably, from which the plate was taken, is the property of the trustees of the academy. THIRD PARISH. At a legal meeting of the inhabitants of the First parish in Newbury, held September 19, 1722, it was voted *" Ould Newbury,"pp. 305-312 and 327-330. t Ibid., pp. 313-325. 234 HISTORY OF NEWBURY that all the Inhabitants that Desire it, on the Northerly side of ye Lane called Chandler's Lane, and from the uper End of said Lane on a Strait Line to y= Northerly side of Capt John Marchs farm and thence on a strait Line to John Browns house untill it comes to ye Line of ye Second Parish for said Town, Shall Have Liberty to Build a meeting house for them selves In ye most Reasonable Place for the Convenience of said Inhabitants, and when they are Duly Quallified for it In ye Judgment of said Parish, are to be set off and freed from the Ministry for this Part of said Parish.* The boundary line of the ThircT parish, beginning at the lower end of Chandler's lane (now Federal street, Newbury port), marked E on the map on page 239, runs in a south westerly direction to Capt. John March's farm, marked D, and thence to the line of the Second parish, raarked C, and thence by the line of that parish to a point on the Merrimack river, numbered 25. June 9, 1725, the inhabitants of the First parish voted that all persons living within the bounds and limits named in the order adopted September 19, 1722, that are willing to be set off, shall be freed from the maintenance of the rainistry in the First parish. At this date a meeting-house had been erected in the centre of a triangular piece of land now known as Market square, Newburyport. It was dedicated June 25, 1725. A few individuals in the vicinity of Chandler's lane, and a considerable number residing in the northerly part of the new parish, objected to the bounds and limits agreed upon, and appealed to the General Court for relief. A comraittee ap pointed by the house of representatives Noveraber 26, 1725, the governor and council concurrmg, after careful investiga tion reported in favor of incorporating the parish, eight fam ilies living beyond the dividing line, on the southerly side of Chandler's lane, to be set off with their estates to the new parish. This report was read and accepted at a session of the General Court held December 18, 1725.! March 22, 1726-7, the inhabitants of the First parish voted • First Parish Records, p. 3. t Massachusetts Archives (Court Records), vol. xiii., pp. 40, 87. The report is printed in full on pp. 430 and 431, " Ould Newborn' " : but the date of its pres entation to the General Court was December iS, 1725, not November 3. 172S, as there stated. THE SETTLEMENT .IT MERRIMACK RIVER 235 . . " that the third parish (called ye water side parish) should have the first Parishes right in y' old bell w**" was formerly im proved for ye old meeting house." * Although this vote was passed at the request of a commit tee appointed by the Third parish, no further action seems to have been taken in regard to it. Possibly the consent and co-operation of the inhabitants living within the limits of the Second parish could not be obtained. At all events, the Third parish voted May 23, 1727, to purchase a bell weighing about four hundred pounds, and also " voted that Jonathan Woodman should treat with some gentlemen in Boston to send a bell for said parish." In 1730, about an acre of land on the southwesterly side of Frog pond, now known as "The Old Hill Burying-ground," Newburyport, was enclosed with a board fence and set apart as a burial-place by the inhabitants of the Third parish. f In 1736, the meeting-house was enlarged; and September 30, 1740, Rev. George Whitefield preached his first serraon in Newbury to an iraraense congregation, that occupied every available seat and filled to overflomng the aisles and galleries of that spacious building.:^ During the war between France and England, Col. Moses Titcorab, who was in coraraand of a battery at the capture of Louisburg in 1745, re-enlisted in the English army when hostilities were renewed, in 1755, between those powers. Frora the same pulpit Rev. John Lowell, pastor of the church, delivered a serraon. May 22, 1755, before Col. Tit corab and the men under his coramand previous to their de parture for the seat of war. Four or five raonths later rae- morial exercises were held in the sarae place to commemorate the life and character of Col. Titcomb, who was killed in the battle at Crown Point September 8, I755.§ On the unoccupied land on the westerly side of the meet ing-house a huge gridiron was erected after the surrender of Quebec, September 19, 1759; and there with demonstrations of joy an ox was broiled or roasted, and songs were sung com- raemorating the victories of the year.|| • First Parish Records, vol. i. t " Ould Newbury," p. 453. t Ibid., p. 526. § Ibid., pp. 464-473. II Coffin's History- of Newbury, p. 224. 236 HISTORY OF NEWBURY FOURTH PARISH. At a legal meeting of the inhabitants of the Second parish, held August 26, 1729, it was "voted to answer the petition that was put in to ye General Court by some of the inhabi tants of y"= west precinct in Newbury on August ye 20"* 1729, to have ye precinct divided into two parishes." * A committee was appointed to prepare a statement to be presented to the General Court ; and John Brown, surveyor, was eraployed to raake a map of the parish, shovring the pro posed line of division.! After considerable discussion and delay the freeholders consented, January 12, 1 730-1, to the organization of the new parish, and appointed a committee, consisting of Nathaniel Coffin, Joseph Gerrish, and Henry Rolfe, to take such steps as might be necessary to carry the vote into effect. May 20, 1 73 1 voted to desire ye Honourable General Court to con firm and establish ye division which they [the committee] have made.f June I, 173 1, Benjamin Hills and others opposed the re port of the comraittee, and petitioned the General Court to give the new parish raore territory and straighten the divid ing line, " which is now very crooked and inconvenient." The petitioners, however, after a prolonged hearing were given "leave to withdraw"; and the bounds and limits of the Fourth parish were established as follows : — Begining at the southerly end of the way that runs on the north easterly side of Deacon Thomas Chases homestead where he now liveth & running up said way [Whit street or Merrill's lane] until it comes to Abel Merrill's land where he now dweUeth & thence to run on the southerly side of said Merrill's land until it comes to the next way [Downer's lane] which lies on the northeasterly side of said Merrill's land, and thence on the said way until it comes to the south way, so called, and then to run up said south way until it meets with the land of Mr John Carr or M^ Thomas Noyes and then to run across to the Brad ford road so as to take in all the land of the homestead of the said M^ John Carr and M'' Thomas Xoyes' land on the westerly side of said line * Newbur}" (Second Parish) Records, p. 66. t " Ould Newbury,"' pp. 391-395. + Newbur^' tSecond Parish) Records, p. 6S. THE SETTLEMENT A T MERRIMACK RIVER 237 and from thence to run down the lane called Baylys lane to Merrimack river, which line is to the westward of M' Joshua Bailey's dwelling house and that the inhabitants of such Precinct be vested with the Powers, Privileges and Immunities which other Precincts within the Province have or by law ought to have.* The division line between the Second and Fourth parishes begins at the point B on the map on page 239, and runs in a northerly direction to J, thence easterly to I, northerly to H, westerly to G, and thence northerly to F on the Merri mack river. December 4, 1733, this line was slightly changed in answer to the petition of Thomas Chase and others.f Rev. William Johnson was the first rainister of the Fourth parish. He, was settled September 15, 1731, and retained his office until his death, February 22, 1772. FIFTH PARISH. May 21,1 760, a petition was presented to the General Court, asking that a portion of the Second parish, on the easterly side of Artichoke river, and a portion of the Third parish, on the westerly side of Toppan' s lane extending to the Merri mack river on a line to be agreed upon, might be set off and raade a new parish. There was considerable dissatisfaction in the Second parish at this tirae on account of the location of the meeting-house built during the suraraer of 1759. Noveraber 18, 1760, the inhabitants of the parish " voted y' Mr Enos Bartlet, Deacon James Brown, and Tristram Coffin are a comrai" to trye to reraove the uneasiness from ariy if they can ... on ye account of placing ye meeting house." % February 18, 1761, the inhabitants of the Second parish appointed a committee to draw up a statement of reasons why the petition of Moses Little and others to be set off and in corporated as a separate parish should not be granted, and Mr. William Foster and Deacon Edmund Bayley were in- * Massachusetts Archives (Court Records), vol. xv., pp. S2, S3 ; also, " Ould Newbury," p. 392. t Newbury (First Parish) Records. X Newbury (Second Parish) Records, p. 131. 238 HISTORY OF NEWBURY Structed to present the same to the General Court in the month of March next.* At a legal raeeting of the inhabitants of the Third parish, held February 11, 1 761, it was voted that Daniel Farnham, Esq Mr Timothy Pike & Mr Charles Hodo-e be a committee to make answer at the next setting of the gen eral court to a petition lately preferred to s^ court by a number of the second & third parishes wherein they pray that the general court would set them off all the westerly part of sd parish as far as M' Moses Moody's land on the north side of the highway and as far as Toppan's lane on the south side of said way. f The General Court, however, after due deliberation granted the prayer of the petitioners, April 17, 1761, and established the bounds of the new parish, as follows : — . . begining at the north east Corner of Mr Moses Moody's land by Merrimack river, thence by said Moody's land on the southerly side to the country road [now High street, Newburyport] + thence eastwardly to Toppan's lane and down to the westerly end of the said lane, thence, upon a straight line to the southeast corner of Francis Brown's land, to the South way, so called, thence westerly by the said way to the south west corner of the Second Parish, thence by said Parish to Stephen Sawyer's land on the northerly side, thence by said Sawyer's land to the Road nigh his dwelling house, thence to John Rogers' mill dam, thence to the mouth of the Artichoke river at the river Merrimack, together with Capt. Stephen Ordway and his estate. § All persons living within the above-naraed limits, except " Edward Toppan, Samuel Cook, John Poor, Mary Morga- ridge, Elizabeth Pilsbur}-, William Weed, John Downing, Joseph Downer, Andrew Downer, John Rogers, junior, Peter • Newbur}- (Second Parish) Records, p. 132. t Newbury (Third Parish) Records. + Moses Moody owned a large tract of land between the Merrimack river and the country road, now High street, Newburyport, ctiending from Moody's lane, now Woodland street, to a way subsequently laid out and named North street, now Oakland street, Newburyport. When the Fifth parish was incorporated, the southerly side of Mr. Moody's land was taken as the boundary line. North street was evidendy not laid out imtil 1815, perhaps later. In a deed of conveyance to Thomas Emery, dated November 21, 1796, Moses Moody mentions "land I have reserved for a road two rods %vide " (" Ould Newbury," p. 6S7) ; and Timothy Osgood sold to Sanuiel Osgood, April 15, iSrs, land and buildings in Newburyport bounded "northeasterly on Merrimack street, northwesterly on a new street to be laid down two and one half rods wide" (Essex Deeds, vol. ccv., p. 272). June 7, 1S37, John Pearson, 3rd, conveyed to True Choate the same property: " bounded northeasterly by Merrimack street and northwesterly by North street" (Essex Deeds, vol. ccc, p. 265). § Massacluisetts .\rchives (Court Records), vol. xxiii., p. 705. s > > ^ •svaoo 240 HISTORY OF NEWBURY Rogers, and Abiel Rogers," were declared, by order of the General Court, inhabitants of the Fifth parish. The boundary line of the parish, beginning at a point on the Merrimack river raarked L on the map on page 239, runs by a broken line to the letter K, thence to C, thence to B, thence to the Artichoke river, thence by said river to its mouth, and thence by the Merrimack river to the bound begun at. A meeting-house was erected on Meeting-house lane, now Noble street, Newburj-port ; and a church was organized July 22, 1762. The first and only minister of the parish \'vas settled Septeraber i, 1762, and dismissed April 28, 1784. Subsequently, a new religious society was formed in the parish, now known as " The Belleville Congregational Church and Society of Newbur}'port " ; and a new meeting-house was erected on High street, near Moody's lane, now Woodland street, Newburyport. The raap on the preceding page is reproduced from a draw ing made by E. March for the town of Newbury in 1795.* A few lines showing the metes. and bounds of the several parishes have been added : otherwise it is an exact copy, upon a reduced scale, of the original now on file at the State House in Boston. The location of any house or place named in the following list can be found by its corresponding number on the map : — 12. Dumer Accadamy. 13. Thuria's Mill. 14. Byfield Meeting House. 15. Bound of Newbury, Bradford & Rowley. i6. Meeting House in the third Parish. 17. Indian River. 1 8. Bridge over Indian River. 19. Meeting House in the second Parish. 20. Artichoke River & Hoopers Mill. " Massachusetts Archives (Town Plans), vol. be., plan 30. I. Light Houfes on Plumb island Point. :. Little Pine Island River. 3- Great Pine Island River. 4- Pine Island Mills. 5- 6. Pa[r]ker River. Pa[r]ker River Bridge. 7- Little River. S. Pe.irsons JNIills. 9- Rowley River. 10. Newburyport Woollen Manu 1 1. factory and Moody's Mill. Thuria's Bridge. THE SETTLEMENT AT MERRIMACK RIVER 241 21. Artichoke Bridge. 27. Meeting Houfe in the first 22. Meeting House in the fourth Parish. Parish. 28. Meeting House Pond. 23. Amesbury ferrey. 29. Mill Bridge. 24. Sweats ferrey. 30. Trotters Bridge. 25. Efsex Merrimack Bridge. 31. New Bridge. 26. Friends Meeting Houfe. The double prick'd lines exhibit the roads. Reputed distance from the Centre of the Town to Salem, 24 Miles ; to Boston, 42 Miles. Area of 'Water in the Town. A cres. Flats around Woodbridge's Island 853 Plumb jsland River 3 -g Little Pine Island river 25 Great Pine Island river 30 River Parker 490 Little River 77 Indian River ... 19 Artichoke River . . 38 Meeting Houfe 5 1896 TOWN-HOUSE AND COURT-HOUSE. A new meeting-house, the third one "sett up on the knowle of upland by Abraham Toppan's barne," was erected during the year 1700. July 22, 1702, the selectmen were instructed " to consider and report what it will cost to re raove the old meeting house farther from the ne.\\ meeting house, and to fitt it up for a court house, towne house and school house." * March 17, 1702-3, the town voted to repair the building and make such alterations as were necessar)'- for the accom modation of the Court of General Sessions and the pupils of the town school ; but after further consideration this plan was abandoned, and May 23, 1705, "the old raeeting house was granted to Richard Brown with liberty to remove it." * Twenty years later, February 25, 1724-5, the freeholders voted to build a town-house at the upper end of Greenleaf's *Town of Newbury Records. 242 HISTORY OF NEWBURY lane, now State street, and appointed a committee to make an estimate of the cost of the land, labor, and materials needed. At a meeting held May 13, 1728, the subject was again under consideration ; but no definite action was taken at that time. February 22, 1730-31, the town reconsidered its vote to build a town-house " at ye uper end of Greenleaf's lane," and voted to build it in Chandler's lane, now Federal street. The estimated cost of the new building and the dissatis faction arising from the change of location created a strong feeling of opposition to the measure. Subscription papers were circulated for the purpose of raising money to build a court-house and town-house near the tavern at the head of Muzzey's lane, now Marlborough street; and May 11, 1733, the First parish of Newbury was granted " liberty to build a convenient town house within two years at their own cost and charge near lieutenant John March's house." * May 7, 1734, Benjamin Morse, jr., sold to the First parish a lot of land " bounded westerly & northerly by land of the said Mors, easterly by a way, and southerly by land reputed to be Mr. Fowlers," to build a town-house upon.f Septeraber 18, 1734, the inhabitants of Newbury voted that the interest received frora the bills of credit issued by the state should be applied " toward the finishing the Towne House now in building, provided the inhabitants of ye first parish go on & finish said House without asking anything more of the Towne and that said House shall be made sure to the Towne and County by a vote of the first parish as may be reasonable after it is finished." * November 11, 1734, the parish voted that the town house " now standing in Newbury near y= Dwelling house of Lieu' John March shall be for y^ use of the town of Newbury and for y= use of the County of Essex for y= keeping and holding of Courts &c." % January 28, 1734-5, James Noyes and John Pearson con veyed to a comraittee of the First parish in Newbury, consist- *Town of Newbury Records. t Essex Deeds, vol. Ixix., p. 3 ; vol. cxxxii., p. 34 ; and " Ould Newbury," pp. 198-200. X Newbury (First Parish) Records, THE SETTLEMENT AT MERRIMACK RIVER 243 ing of Joseph Gerrish, Henry Rolf, John March, and Charles Pierce, "one Town House, so called, standing in Newbury aforesaid on a piece of land sold by Benjamin Mors, jun, to the First Parish in Newbury." * February 27, 1734-S, Mr. John Pearson was authorized to receive from John Appleton, treasurer of the county of Essex, the sum of two hundred pounds in settlement for the town and court house built by the parish.f Twenty-five years later, when the building needed repairs, an effort was made to remove it to a more convenient loca tion. May 20, 1 760, Dr. Nathan Hale and several other pe titioners applied to the town for an appropriation for repair ing or removing the town-house. This petition was not granted, and on the twenty-sixth day of May following an un successful effort was made to authorize the selectmen to erect a new building nearer the centre of the town. In 1762, the county of Essex appropriated two hundred pounds for a new court-house in Newbury, " provided the town raise a like sum for the same purpose." This proposal was not acceptable to the legal voters of Newbury ; and they de clined March 29, 1762, to co-operate with the county in the erection of the proposed building. Some of the inhabitants of the Third parish, however, subscribed a sum sufficient to defray the cost of " a court house for ye use of said county and the inhabitants of the town of Newbury" ; and July 7, 1762, Daniel Farnham, Michael Dalton, Jonathan Bayley, Thoraas Woodbridge, and others purchased of Joseph Clem ents eleven rods of land " on Fish Street adjoining his dwell ing house," and conveyed the same to John Choate, treasurer of Essex County " for the uses and purposes above expressed and for no other use or purpose whatever." % On this land, at the corner of Fish, now State, and Essex streets, a com modious town and court house was erected within the pres ent limits of the city of Newburyport. The old town-house, on High street, at the head of Marl borough street, was sold in 1780, and removed. •Essex Deeds, vol. Ixviii., p. 11. t Newbury (First Parish) Records. X Essex Deeds, book cxi., p. in. 2 44 HISTORY OF NEWBURY ALMSHOUSE. May 17, 1682, the town "voted that the selectmen shall have power to take care that the poore may be provided for, and to build a cottage or cottages for them according to their discretion." * February 6, 1704-5, the selectmen were ordered to ascer tain and report at a subsequent meeting the probable cost of a building suitable for an almshouse. The estimates sub mitted were evidently unsatisfactory ; and no further action was taken until March 12, 1722-3, when " Ensigne William Titcomb, Richard Kent, Esq, & Gap' Henry Rolfe were chosen a coraraittee to view a place for an alms house & make an estimate of the cost of land & of the building to be built." f The report of the comraittee was not acceptable to the legal voters of the town, and further consideration of the sub ject was indefinitely postponed. March 12, 1733-4, a cora raittee, consisting of Doctor Nathan Hale, Joseph Atkins, Esq., Jonathan Poor, Joseph Gerrish, Esq., and Deacon Joshua Moody, was chosen to select a suitable lot of land and procure plans for the proposed new almshouse ; but the loca tion selected and the plans agreed upon were vigorously opposed by some of the inhabitants, and after a heated de bate the recommendations of the committee were defeated.t At a town meeting held March 8, 1736-7, the question was again discussed ; and a committee was appointed to con sider the advisability of erecting a building for the accommo dation of the poor of the towns of Newbury, Amesbury, and Salisbury, " also to ascertain what proportion of the prob able cost each of the above named towns will pay." % The committee was unable to secure the co-operation of Amesbury and Salisbur)- upon terms and conditions that were considered rautually advantageous ; and, after several inef fectual atterapts to harmonize conflicting views and interests, the plan was abandoned, although an unsuccessful effort was raade to re\'ive it in the spring of 1743. § December 13, 1743, Joseph Gerrish, Henry Rolfe, and • Town of Xewbury Records, vol. i. t Ibid., vol. iv., p. 217. JTown of Newbury Records, vol. iv. § Merrill's History- of Amesbury-, p. 206. THE SETTLEMENT AT MERRIMACK RIVER 245 John Greenleaf were instructed " to buy land to set a gaol & work house upon & to provide materials &c for said build ings." * February 4, 1743-4, they purchased a lot of land, four rods wide, on King street, now Federal street, Newburyport. May 15, 1750, the selectmen were ordered "to view the work house and see that it is properly finished." * March 14, 1757-8, a committee was appointed to see whether a suitable addition could be made to the work house for the accommodation of the poor of the tovm, or whether, upon the whole, it would be more advantageous to buy another lot of land and erect a new building. This com mittee reported March twenty-seventh ; and after some dis cussion another committee was appointed to purchase, for the use of the town, the dwelling-house of Caleb Moody on Cot tle's lane, now Bromfield street, Newburyport. May 23, 1758, a coraraittee was chosen to sell to the county of Essex the prison house and land in Newbury, and pur chase with the proceeds a building suitable 'for a workhouse for the accommodation of the poor. For some reason unknown the dwelling-house on Cottle's lane was not purchased ; and May 8, 1 760, Thoraas Wood- bridge and Robert Roberts conveyed to the selectmen of Newbury half an acre of land on the southeast side of King street, now Federal street, Newburyport, and there the new workhouse was built .f October 20, 1763, the town voted to build a small house in the rear of the workhouse for the insane. COURT OF COMMON PLEAS AND GENERAL SESSIONS. Under the charter granted by King William and Queen Mary in 1691, courts of justice were established in every county in the province of Massachusetts Bay. The fourth section of the thirty-third chapter of the Acts and Resolves of the General Court, passed November 25, 1692, provided that the Court of Coramon Pleas should be held "for the *Town of Newbury Records. t Essex Deeds, book cxiv., p. 252. 246 HISTORY OF NEWBURY county of Essex, at Salem, on the last Tuesdayes in June and December : at Ipswich, on the last Tuesday in March, and at Newbury on the last Tuesday in September." * The first session of the court in Newbury was held in the meeting-house of the First parish September 26, 1693. The presiding judges were Hon. Bartholomew Gedney, of Salem, Hon. John Hawthorne, of Salem, Hon. Samuel Appleton, of Ipswich, and Hon. Jonathan Corwine, of Salem. A large number of crirainal and civil cases were disposed of at this term of the court. The most important, from a local point of view, was an action of trespass brought by James and Richard Carr against Capt. Edward Sargent for carrying men and horses over the Merrimack river. The de fendant stated in his answer that Capt. John March was the proper owner of the ferry, and that he was then in the king's service on the eastern frontier. The case was continued to the next inferior court in the county.f All laws enacted in the province of Massachusetts Bay, under the charter of 1692, were submitted, in compliance with the provisions of that charter, to the King and Queen of Eng land, or to their successors in office, for approval. Some ex ceptions were taken to the act passed November 25, 1692; and it was disallowed by the Privy Council August 22, 1695. On the third day of October, 1696, the General Court revived and continued in force until the month of May following the act establishing courts of justice in the prov ince. | June 19, 1697, another act was passed, providing for the trial " of all matters and issues in fact arising or happen ing in any county or place within the province, by a jury of twelve men." § Both these acts were disallowed November 24, 1698. On the twenty-sixth day of June, 1699, two acts, one appointing the times and places "for holding of courts of general sessions of the peace," and the other establishing " inferiour courts of conimon pleas in the several counties of the province," were passed by the General Court and ap- *--\cts and Resolves of the Province of Massachusetts Bay, vol. i., p. 73. t Records of the Court ot Common Pleas (Salem), vol. i., p. 286. + Province Laws, vol. i.. p. 24S. § Ibid., 2S6. THE SETTLEMENT AT MERRIMACK RIVER 247 proved by the governor. Under these acts courts were held " for the county of Essex, at Salem, on the last Tuesdays in June and December; at Newbury on the last Tuesday in September ; and at Ipswich on the last Tuesday in March." * No objections were raised by the Privy Council to the acts passed in 1699, re-establishing the courts of justice in the province ; and no alteration in the time or place of meeting was made until January 28, 1764, when the town of New buryport was incorporated, and " an act for erecting a part of the town of Newbury into a new town by the name of New buryport " viz.% passed, defining its powers and privileges and expressly providing . . . That the inferior court of common pleas, and the court of general sessions of the peace, by law appointed to be held at Newbury on the last Tuesday of September annually, shall for the future be held in Newburyport on the last Tuesday of September annually and to all intents and purposes shall be considered as when held in the town of Newbury as aforesaid, any law to the contrary notwithstanding, f WATCH-HOUSE AND JAIL. For the detention of criminals or persons accused of dis orderly conduct a watch-house was built at a very early date in Newbury. It was evidently located near the meeting-house. The selectmen were ordered April 8, 1673, to keep it in good repair. \ January 4, 1705-6, Capt. Henry Somerby, Capt. Stephen Greenleaf, Capt'. Edward Sargent, and others were granted a lot of land " between y= watch house & y' meeting house pond joyning to Dr. Toppan's fence to sett up a stable w^*" they are to injoy during the Towns pleasure." \ January 29, 1706-7, the town voted "that there be a gaole or prison built in Newbury . . . provided the county be at one half of the cost and charge." % The jail was erected near the meeting-house, and was prob ably in use for thirty-five or forty years. The News Letter, *Acts and Resolves, vol. i., pp. 367-370. tIbid., vol. iv., p. 677. J Town of Newbury Records. 248 HISTORY OF NEWBURY published in Boston, under the date of August 31, 1725, says : — About midnight a company of rioters assembled on horseback and with crow bars broke the doors, bolts and locks of the gaol in Newbury and took off on spare horses Isaac Brown and Hugh Ditson charged with capital offences. Governor Williara Dummer offered a reward of fifty pounds for their apprehension.* At the Court of General Sessions held at Salem July 9, 1734, Benjamin Marston, sheriff of Essex county, asked "for the better security of the prisoners " that a house for the jail-keeper might be erected near the jail in Newbury. The court ordered Nathaniel Coffin, Richard Kent, and Joseph Gerrish to ascertain what proportion of the cost of the pro posed building the inhabitants of Newbury would pay.f Septeraber 23, 1734, a committee was appointed by the town to select a suitable lot of land on which to build "a prison or house of correction" ; and September 21, 1736, the judges of the Essex county courts were asked to give their consent " to the removal of the gaol now standing in New bury " to a more convenient location, "in order that it may be raade serviceable as a prison or house of correction." % This plan, however, did not meet with favor, and was sub sequently abandoned. At the General Sessions of the court held at Salem the last Tuesday in December, 1743, the subject was again consid ered ; and the court ordered the erection of a county jail and prison house " at or near the place where the old prison stands in Newbury." Col. Berry, Major Greenleaf, Joseph Gerrish, Henry Rolfe, and Thomas Rowell were appointed a committee to erect a strong and substantial building at a cost to the county of not more than one hundred and twenty- five pounds. § February 7, 1 743-4. the inhabitants of Newbury voted to grant ¦• ye county of Essex so much of a piece of land as is needful for to build a prison upon and a house for the keeper * Coffin's History of Newbury, p. ig6. t Court of General Sessions (Salem) , 1726-44, p. 336. X Town of Newbur}- Records. §Ci)Urt of General Sessions (Salem), 1709-46. THE SETTLEMENT AT MERRIMACK RIVER 249 of said prison & for a yarde, to be taken out of that piece of land which was purchased by y* Towne of Newbury of M' Anthony Sommerby as by a deed dated February y* 4'\ 1743 may appear. Said land is lying on y" northerly side of & joyning to King street.'' * The jail or prison was erected during the summer of 1744. On the twenty-third day of May, 1758, the selectmen of New bury were authorized and instructed to sell all the town's right, title, and interest in the property on King street ; and July 21, 1758, they conveyed to the county of Essex "the house adjoining the Prison which has been iraproved as a work house, also the land purchased of Anthony Somerby with all the buildings thereon." f THE CURFEW. October 18, 1700, the town appointed Col. Daniel Pierce and Tristram Coffin, Esq., a committee to procure a new bell, " of about four hundred pounds weight," for the First parish meeting-house. January 4, 1 705-6, "voted that the new bell be hanged in the turret of the meeting house with all convenient spede," also " that the bell be rung at nine of the clock every night and that the day of the month be every night tolled." % May 14, 1707, the selectmen were authorized "to eraploy some suitable person to ring the nine o'clock bell this year." :j: June 18, 1708, the town "voted that the nine a clock bell should be rung at nine of the clock precisely, nightly for the year ensuing." % For the year 171 1 the town employed Benjamin Morse "to ring the bell at nine o'clock ever}- night, and sabbath days and lecture days." % November 30, 1723, the selectmen paid Henry Lunt, 3d, for ringing the nine o'clock bell, five pounds. In 1725, a meeting-house was erected, on what is now known as Market square, Newburyport, for the Third parish *Town of Newbury Records. King street is now Federal street, Newburyport. t Essex Deeds, book cv., p. 137; " Ould Newburj-," p. 620. 4 Town of Newbury Records. 250 HISTORY OF NEWBURY in Newbury. At a parish meeting held May 23, 1727, a committee was appointed " to purchase a bell weighing about four hundred pounds"; and February 21, 1727-8, the asses sors of the parish were authorized to agree with Ambrose Berry to ring the bell till the March meeting. March 19, I727_8, it was "voted that the bell of the Third Parish be Rung at nine of the clock." * Ambrose Berry, constable, in settlement with the select raen of the town for the year 1730, is credited with five pounds " for ringing ye nine o'clock bell." In 1731, the selectmen paid ";^5 to Henry Lunt ye 3"''' for ye nine o'clock bell." The custom of ringing the nine o'clock bell is still con tinued in that part of Newbury which was set off in 1764, and incorporated as a new town by the name of Newburyport. EARTHQUAKES. During the seventeenth and eighteenth centuries, earth quakes occurred with considerable frequency in the town of Newbury. Three years after the first settlers landed at Parker river a violent trembling and shaking of the earth surprised and alarmed them. June i, 1638, the following statement was entered upon the town records : — Being this day assembled to treat or consult about the well ordering of the affairs of the towne about one of the clocke in the afternoone, the sunn shining faire, it pleased God suddenly to raise a vehement earth quake coming with a shrill clap of thunder issuing as is supposed out of the east, which shook the earth and the foundations of the house in a very violent manner to our great amazement and wonder, wherefore tak ing notice of so great and strange a hand of God's providence, we were desirous of leaving it on record to the view of after ages to the intent that all might take notice of Almighty God and feare his name. Other earthquakes occurred March 5, 1642—3, January 26 and February 5, 1662-3, ^-nd February 8, 1684—5. Re\'. Mathias Plant noted, with considerable care and minuteness, in the early records of Queen Anne's Chapel, " " Ould Newburj-,'- p. 432. THE SETTLEMENT AT MERRIMACK RIVER 251 many remarkable facts in relation to the numerous convul sions of nature, accompanied by a loud rumbling noise of apparently subterraneous origin, that occurred in t]ie months of October, November, and December, 1727, and for the next fifty years the records contain frequent references to similar occurrences ; but, so far as known, the damage resulting from the most severe of these earthquakes was comparatively slight and unimportant.* THE OBSERVANCE OF SUNDAY AND HOLY DAYS. November 4, 1 646, the General Court ordered that any per son living within the liraits of the colony of Massachusetts Bay, who shall without just cause, neglect to attend public worship " shall forfeite for his absence from ev'y such pub licke meeting 5^''." f Joseph Peasley, who was one of the early settlers of New bury, removed to Salisbury in 1646 or soon after. October 19, 1658, he, with several other persons residing in that town, was ordered to appear at the General Court to answer to the charge of wilfully neglecting public worship on the Lord's day.:f He disregarded the orders of the court, and continued to teach and exhort araong his friends and neighbors in the new town of Salisbury, now Araesbury, Mass. He was censured and fined, and subsequently forbidden to preach within the liraits of the colony. § May II, 1659, the General Court "ordered that whosever shall be found observing any such day as Christraas or the like, either by forbearing of labour, feasting, or any other way, upon any such accounts as aforesaid, every such person so offending shall pay for every such offence five shillings as a fine to the country." || This law was not repealed until May 27, 1681.^ May 24, I ^TJ, the constables of every town were ordered * Coffin's History of Newbury, pp. 197-199 ; Mrs. E. Vale Smith's History of Newbury port, pp. 51-55,404. t Massachusetts Colony Records, vol. ii., p. 178. t Ibid., vol. iv., part I., p. 351. § Ibid., p. 390. Illbid., p. 366. ^ Ibid., vol. v., p. 322. 252 HISTORY OF NEWBURY to make diligent search on every Lord's day in all suspected places where Quakers were supposed to meet for worship, and cause them to be apprehended and punished according to law.* October 15, 1679, the selectmen or constables of Boston were authorized to set a guard at sunset on Saturday night, " to prevent any footman or horseman w"'out such good ac count of the necessity of his business as may be to them satisfactory " from lea\-ing the town. . . all persons attempting to ride or drive out of towne after sun sett wthout such reasonable sattisfaction griven shall be apprehended & brought before authorit)- to be proceeded against as Sabbath breakers; and all other townes are impowered to doe the like as need shalbe.f This law was modified after the colonial charter was an nulled and the province of Massachusetts Bay established ; but travelling on the Lord's day was forbidden, and no person could pursue his journey that day beyond the nearest inn or place of shelter under a penalty of twenty shillings. % Samuel Sewall, one of the judges of the Superior Court, having returned from a session of the court held at Ports mouth, was in Newbur}- Sunday, May 13, 17 16. In his diarv he wrote under that date : — In the evening I had an inkling that two merchants came from Ips wich. I said, How shall I do to avoid Fining them? I e.xamined Richard Gerrish. As I understood him they lodg'd at Major Epes's on Saturday night, and went to the publick worship there : and when the aftemoon Exercise was over, came to Newbury. They Travailed not in service Time : a'nd had a ship at Portsmouth ready to sail which wanted their Dispatch. AUeg'd that M^ Peter La Blond was gone sick to Bed. I took his word to speak with me in the moming. I consulted with Col. Thomas who inclined to admonish them as young and strangers and let them go. The following day he wrote : — By long and by late I spake with M' Richard Gerrish, Junr and Mr. Peter La Blond by whom I understood they were at Mr Wiggles- worths in the morning and at Ipswich Meeting in the Afternoon. Being in a strait, I had pray'd to God to direct. I considered Col. * Massachusetts Colony Records, vol. v., p. 134. t Ibid., p. 239. + Province Laws, vol. u, p. 5S. THE SETTLEMENT AT MERRIMACK RIVER 253 Thomas was not a Justice there : that this Profanation of the Sal> bath was very great ; and the Transgressors fleeting from Town to Town and County to County could rarely be Censured. On the other hand they were young, Mr. La Blond's mother my neighbour, Mr. Gerrish had a smell of Relation ; both of them of another Province ; and I fear'd lest my Cousin's Custom might be lessn'd by it, because I had the Information from her Husband, whose wife, my Cousin, was a Ger rish, and cousin to this Richd Gerrish, only Child of Capt Richd Gerrish of the Bank. Mr. La Blond apear'd brisk as if he ail'd nothing. I came to this Resolution that if they would make such a submission as this I would let them pass : viz ; We do acknowledge our Transgressions of the Law in Travailing upon the Lord's Day, May 13, 1716 and do promise not to offend in the like kind hereafter, as witness our Hands. Richard Gerrish. Peter La Blond. This offer they rejected with some Disdain and Mr. La Blond paid me a 30= and 10= Bill of Credit for both their Fines. I imediately paid it to Samuel Moodey Selectman of Newbury (they have no Town Treasurer). . . . All fines and penalties iraposed and collected under this law of the province were to be used for the benefit and relief of the poor of the town where the offence was coraraitted, " and delivered into the hands of the selectraen or overseers of the poor for that end." At the Superior Court at Ipswich, May 19, Judge Sewall wrote : — Here Mr. Hern informs me that Gerrish and La Blond went from Piatt's at Salem on the Lord's Day morn ; He spake to them against it ; They said they could but pay 5s. Ferryman told me Two were carried over about the time of going to meeting. Crompton informs me that they were at his house, and went not to meeting at Ipswich : went away late in the Afternoon : So that they Travail'd 22 Miles or more that day. I hope God heard my Prayer, and directed me to do Right and accepted me.* SLAVES AND SLAVEHOLDERS. Negroes and Indians were held in serA'itude and recognized as property in the colony and in the province of Massachu setts Bay until the close of the Revolutionary war and the adoption of the State constitution in 1780. * Diary of Samuel Sewall, vol. iii., pp. S1-S3. 2 54 HISTORY OF NEWBURY In Newbury, the number of slaves was never very large ; but as early as December 29, 1649, William Hilton conveyed and assigned " James my Indian &. all y* interest I have in him " to George Carr in payment for one-quarter part of a vessel. Abraham Tappan, John Bond, and Edmund Green leaf were witnesses to the bill of sale to which " James y* In dian " gave his consent by affixing his mark.* Capt. Paul White, who died July 22, 1679, ovmed "one negrow," valued by the appraisers of his estate at thirty pounds. Subsequently many other inhabitants of the town, engaged in agricultural, industrial, or mercantile pursuits, found it con venient to employ slave labor, and frequently imported negro servants from the Barbadoes or other islands in the West Indies. The inventory of the estate of Henry Rolfe, taken in the raonth of April, 171 1, has the following item: "An old negroe man valued at £^10!' In the settlement of the estate of Moses Gerrish " an Indian Slave " is valued at twenty pounds. Similar items are frequently found in old books of account as well as in wills and deeds of conveyance, recorded previous to the year 1780.! Cutting Noyes sold to Richard Kelly, of Newbury, Jan uary 15, 1 71 3, "a Spanish ingon boy named Sesor by our judgmente under 10 yers old" for the sum of thirty-eight pounds. J Joshua Bayley, Sr., of Newbury, in his will dated June fif teenth and proved August 6, 1722, gave to his negro servant, Robert, several lots of land and also his freedora : Said Robert shall not be sould or be disposed of to ariy person, but said Robert shall faithfully serye my said wife Elizabeth during the term of her natural life, and after Her Decease said Robert shall have his freedom, and Injoy said Real Estate during the term of his natural life. . . . .And as concerning my Black Servant Robert, I do give him a surname and that is freeman, so that his name is Robert freeman. § * Norfolk County Records (Salem), book ii., leaf 197. t Coffin's History of Newbury, pp. 336-339. X Coffin Papers (Essex Institute, Salem) vol. i., pp. 6r-76. § Probate Records (Salem), book cccxiii., p. 4S7 ; Essex .-Vntiquarian, vol. v., p. 123. THE SETTLEMENT AT MERRIMACK RIVER 255 November 4, 1725, Jonathan Poore sold "to M' Richard Kelly a nagrow man called Reuben " for one hundred pounds in " Billes of Credet." * Rev. Matthias Plant, minister at Queen Anne's Chapel, in his will dated February 25, 1751, and proved May 7, 1753, makes the following bequest : — I give unto my negro garl Luce all but seventeen acres of a lott of Land laid out to the original right of James George, called the great Farms in Almsbury [now in New Town, N.H.]. I also give her her Freedom after the Decease of my widow Lydia Plant. But my will is that my negro garl Luce shal not come into possession of said Land untill the decease of my said widow. But my said widow shal have the Improvement and profit of it During the term of her natural life in as full and ample a manner as if I had made no Bequest of said land to s* negro garl Luce. Moreover if said wid^ Lydia Plant shall Declare be fore three or four Indifrent persons of good ability and understanding, or give a sartificat in writing from under her own Hand (or if she does not give it from under her hand but sais nothing against her) That the said negro garl Luce hath in all Fidelity, from time to time, both in Word and Deed behaved herself very respectfully and Dutifully as an Honist and faithful servant, she ye s^ Luce shal be Intitled to the above Privelidge & Bequest. But on the contrary if her behaver be disonist, stubourn to what she ought to be to me or her sd mistres, then this my Bequest of freedom and Land given to her & her assigns shal be void and of none effect, and the said Luce in this case shal be my sd wid™^ and she shal Dispose of her at her own Discresion Tho I would not have my sd wid™ make a slave of her if she should be gilty of some common fallings, but such faults shall be lookt over. But in case my negro garl Luce should forfet her rite to her freedom and Land which I have Bequested her. Then in that case I give and Bequeath the same to and for the use of the minister of Queen Ann's Chapel, in New bury, for the time being : and I give it By the name of Gleeb Lands. Lydia Plant, widow of Rev. Matthias Plant, in her will dated September 29, 1753, and proved October 22, 1753, gave her negroes, " Robin and Lucy," their freedora, and liberty also to live for four years in the house that she owned and occupied at the time of her decease, with the use of house hold utensils, beds, sheets, blankets, etc. Samuel Morgaridge, shipwright, in his will dated October 30, 1753, proved April 8, 1754, gave his wife the use of the *Coffin Papers (Essex Institute, Salem), vol. i., pp. 6t, 76. o 256 HISTORY OF NEWBURY dwelling-house where he then lived, and the service of negro Peter "if he behaves well." The executors of his will were authorized to let, sell, or use his negroes Primus and Lucy ; " also to sell my negroe Peter if he proves unruly and dis obedient to ray wife." In the inventory of his estate " three negroes " were valued at ;^I33, ^s. %d. At the close of the year 1754 there were thirty-four male and sixteen feraale slaves in Newbury sixteen years of age and upwards, according to the census taken by order of the governor of the province of Massachusetts Bay.* January 29, 1765, Mary Morgaridge, widow, sold to Enoch Sawyer, of Newbury, physician, her life interest in the dwell ing-house bequeathed to her by the will of her late husband, Samuel Morgaridge, and also " a molat man called Peter, and a negro woman called Luce." f The following items are credited in her account as execu trix filed March 12, 1765 :% — Received for negro Primus ^31.12. o For the use of Primus for eight years 37. 6. 8 For the use of Negro Lucy . . . 5. o. o Negro Peter valued at 44. 8.10 Negro for use of children 44. 8.10 Sarah, widow of John Weed, gave a bond for fifty pounds to the selectmen of Newbury, September 22, 1768, as security for the support of her negro "Joel," in case he was unable to support himself after he was given his freedora. § Marriages were not uncommon among the slaves of New bury, and were usually recorded in manner and form substan tially as follows : — October 13, 1749 married Scipio negroe servant of M"" Samuel Moody, Junr of Newburj^, and Rose negroe servant of M^ Benj^ Harris of Newbury. II October 24, 1754 married John & Elizabeth servants of McHenry Rolfe. II June 20. 1779 md Cambridge servant to Col Little & Cate, servant of Mrs Hannah Sawyer widow both of Newby.|| * Massacltusetts Historical Society CoUections, Second Series, vol. iii., p. 95. t Essex Deeds, book cxv,, leaf 163. 4 Probate Records (Salem) , book cccxiii., p. 62. § E.-«ex Institute Historical Collections, vol. xxxv., p. 157 ; also, " Ould Newbury," p. 137. II l-"irst Parish (Church) Records. THE SETTLEMENT AT MERRIMACK RIVER 257 Two articles in the warrant for a town meeting to be held August 8, 1775, read as follows : — Article 3. To see if the town will signify by their vote their Disap probation of Slavery, or of keeping slaves, and, if voted, then Article 4. To see if the Town by their vote will instruct their Rep resentative to use his utmost Endeavors in the General Court that all Slaves in this Colony may be set at Liberty.* No definite action was taken by the legal voters of New bury at that date. When the articles were reached in the order of business, they were, in the words of the record, " dis missed." Rev. Moses Parsons, who was settled as minister in Byfield parish, June 20, 1744, was the owner of three slaves, — two raen and one woman. He was a faithful and devoted pastor ; but during the last years of his life he was involved in a con troversy with one of the deacons of his church, Benjamin Col man, who bitterly opposed the holding of raen and woraen in bondage, and publicly asserted that " Mr Parsons was guilty of the wicked practice of man stealing." Several communications were published in the newspapers of the day by Deacon Colman, condemning in vigorous lan guage the buying and selling of slaves; and December 21, 1 780, the parish voted to suspend him " frora the fellowship and coraraunion of the church till he does by repentance and confession give christian satisfaction for the offence he has coraraitted." October 26, 1785, two years after the death of Rev. Mr. Parsons, Deacon Colraan acknowledged that in his controversy with the late worthy minister of the parish he had urged " his ¦ arguments against the slavery of the Africans with excessive vehemence and asperity " ; and he was thereupon restored to membership in the church, and reappointed to the office of deacon. f * Town of Newbury Records. tCofnn's History of Newbury, pp. 340-35°. inclusive; also. Memoir of Chief Justice Par sons by his son, Theophilus Parsons, pp. 17-19. 258 HISTORY OF NEWBURY GRIST-MILLS, WIND-MILLS, AND SAW-MILLS. At the close of the year 1685 there were three grist-mills and one oatmeal or malt mill in the town of Newbury, but they were evidently overcrowded with work; and March 16, 1685-6, "The Towne being sensable of y= great want of another corn mill they did by a vote desire Cap' Daniell Peirce, Cap' Thomas Noyes, Ensign Nath' Clark, Mr. Richard Dole and Samuell Plumer, at y' owne charg to view such place or places as may be most convenient for y= setting up of a Mill ; as also to treat w"" such persons that may be dam nified thereby, and to bring report to y= Towne." * January 5, 1686-7, 2- committee was appointed "to treat with Peter Cheney about setting up a corne mill and a fulling mill upon the Falls river." * Peter Cheney, who purchased of John Bishop the mill near Four Rock bridge on Little river in 1663, proposed, February 15, 1686-7, "to build and maintaine a good and sufficient grist or corn raill within two years, and a fulling mill within three yeares at ye upper falls [Ouascacunquen river] and to full ye townes cloth on the same terras that Mr. John Pearson f doth full cloth, and resign up his interest in Little river on condition that the town give him fifty acres of land joyning to Falls river." % This proposal was accepted by the town. December 25, 1689, "Peter Cheney was allowed one year longer in which to finish his fulling raill." After his decease a portion of the land, with the buildings thereon, was sold to Benjamin Pear son, who was engaged in the manufacture of woollen goods in that locality until his death in 1731. For nearly a cen tury after that date the business was continued by the chil dren and grandchildren of Mr. Pearson, and the property still remains in the possession of his lineal descendants. § In 1688, the building of another grist-mill on Little river *Town of Newbury Records. t Mr. John Pearson had a fulling mill, and carried on the clothier's trade at or near the present location of the Glen Mills, Rowley. J Town of Newbury Records; also. Proprietors' Records, vol. i., p. i8. §"Ould Newbury," pp. 301-303. THE SETTLEMENT AT MERRIMACK RIVER 259 was authorized by the town ; but for various reasons the work was delayed, and the mill was not completed until six or eight years later. May 25, 1688 The Towne Grants theyre interest in the stream of the Little River to the mouth of it whear it vents into the great River to Henry Short for to build a Grist Mill uppon for the Townes use provided he build it in such place as may Answer the Townes end & grind theyr come for them from time to time, provided he build it within one yeare, and if he do not build it he is to pay to the Towne five pounds & the Towne to have theyre interest in the streame again. The Mill to. be set at the cart place or at the mouth of the River.* December 26, 1689 The Towne having now relinquished any former obligation of Henry Short to the Towne uppon ye account of Building a Mill not by him performed Do hereby give, grant and empower all theyr right, title & interest in the stream of the Little River to Henry Short his heyrs and Assigns so long as he' his heyrs & assigns shall build and maintain a sufficient corne mill for the Townes use and to grind for the Towne of Newbury before any other Towne. But pro vided through defect of the Dam or Mill the said Mill should faile of grinding for the Townes use the above said stream shall not be for feited provided it faile not a yeare or two.* March 10, 1695-6, Granted to Henry Short thirty five acres of land towards the building of his mill to be laid out in the cofnon land of Newbury.* August II, 1708, John Short sold to Lieut. Jeremiah Pearson, of Rowley, nine acres of land on the easterly side of Little river, " together with ye dwelling house and ye grist mill standing on said River " and the water privilege, " as it was granted to my honored father Henry Short late of Newbury decased at a meeting of the inhabitants of the town held Dec. 26, 1689."! Mr. Silas Pearson, a descendant of Lieut. Jereraiah Pear son, owned the mill and two other grist-mills, with an unfin ished saw-mill, when they were all destroyed by fire June 12, 1813.$ Subsequently, a new mill was built by Mr. Silas Pearson about one hundred rods farther to the westward on the same stream. January 15, 1 831, he petitioned the General Court * Town of Newbury Recorda. t Essex Deeds, vol. xxxii., p. 204. X Newburyport Herald, June 15, 1S13. 26o HISTORY OF NEWBURY to legalize the removal of his mill and dam, " doubts having arisen whether he had a right to remove his said Dam and Mill without the consent of the Legislature." * " An act to confirm Silas Pearson in the location of his Dam across Little River in the town of Newbury ... for the purpose of retaining water to carry a tide mill, agreeably to a grant from the said town (in the year 1689) in as full and araple a manner as if the said dam had been erected by the authority of this court," was passed March fourteenth, and approved by the governor March 15, 1831. In 1843, l^he property was sold to Mr. Jaraes B. Knight, who operated a grist-mill there until the close of the year 1874. WINDMILL AT FROG POND. "July 9, 1703 Ensign Stephen Jaques, M'' Benjamin Wood- bridge, & Henry Jaques petitioned the Towne to grant them a suteable piece of land to sett a windmill on that Hill neere penuel Titcombs." This petition was granted, "Pro vided when the windmill fails or is unservisable the land shall returne to the Towne w"^in three years after the failure of s'' mill if a windmill be not rebuilt againe w'Mn s"^ tirae." f This raill was built near the southeasterly end of Frog pond, and was probably used for the grinding of corn and wheat until 1774, when the slight eminence on which it stood was graded to a level with the land in that vicinity, and made available as a training field. J March 29, 1771, Abraham Larkin was crushed to death while examining the machinery in the top of this windmill. § SAW-MILL AT INDIAN RIVER. For ten or fifteen years after the division of the upper commons Indian ri\-er was navigable for small boats. In 1 706, perhaps earlier, a temporary dam was built at the raouth of the river, and a saw-mill erected there. 'See advertisement of petition in Newburyport Herald, January iS, 1831. \ Town of Newbury Records. t " Ould Xew-bury," pp. 610-612. § Coffin's History of Newbur^', p. 239. THE SETTLEMENT AT MERRIMACK RIVER 26 1 November 26, 1686, the proprietors of the common lands in Newbury voted " that Indian River shall be free so far as the tide flows for passing & repassing of Boates and Canoos at all times : it is to be accounted a highway free for all men to transport by water." * October 30, 1706, the proprietors authorized the selectmen to lay out a highway on the westerly side of Joseph Knight's lot, and at the same meeting voted to employ "Serjeant Jos eph Pike to build a bridge over Indian river near his saw mill." t " The highway near Indian river running four rods wide to Joseph Pike's mill and thence over the river below said mill " was laid out by the selectraen Noveraber i, 1706. J Joseph Pike, having given an obligation to build the bridge near his saw-mill, " he was released from the conditions of his obligation provided he agrees to repair all damage at his own cost that may happen to said bridge by reason of his impound ing the water above it." § At a meeting of the proprietors of Newbury, held June 18, 1 707, he was granted " the liberty of hanging two gates one at the upper end of the way" near the Bradford road, and the " other is to be hung near the raouth of Indian River across the s'^ Riv"', y= last s'^ Gate to be so conveniently hung y' it raay open w"" the flood & shut w"" the ebb." || SAW-MILL AT CART CREEK. March 9, 1707-8, Edmund Goodridge and John Noyes, jr., petitioned the proprietors for Hberty to set up a saw-mill on Cart creek. The committee appointed to view the place made a favorable report, and the petition was granted June 22, 1708.^ MILLS AT PINE ISLAND. January 13, 1756-7, the town granted Nathaniel Lunt, Ben jamin Rolfe, Jonathan Plumer, and Stephen Ilsley liberty to erect a STist-mill and saw-mill at Pine Island creek on certain * Proprietors' Records, vol. i., p. 15. § Tow-n of Newbury Records. t CoiBn's History of Newbury, p. 173. _ H"Ould Newbury," p. 341. X Proprietors' Records, vol. i., p. 29. H Ibid., p. 32. 262 HISTORY OF NEWBURY conditions, the grantees giving bonds to save the town harm less from daraage arising from the overflowing of the banks or meadows on said creek.* September 10, 1760, Nathaniel Lunt sold to Benjamin Rolfe and Stephen Ilsley " all his right title and interest in the mills lately erected at the Landing Place at Pine Island Creek." f The half-tone print on the opposite page gives a view of the landing-place as it now appears. A mill-stone, formerly used for the grinding of com, is the only memorial left of the mills that were destroyed by fire December 5, 1797. DISTILLERIES AND MALT-HOUSES. Cattle-raising, farming, and fishing were the most prom inent industries in Newbury fifty years after its first settle ment ; but, in addition to the saw and grist mills, of which mention has already been raade, several distilleries and malt- houses were in operation. August 25, 1653, Edmund Greenleaf sold a dwelling-house and one acre of land, with a still-house and the fixtures con nected therewith, to Capt. Paul White.J In 1662, the Court of General Sessions at Salem licensed Capt. Paul White " to still strong waters for a yeare and sell by the quart " ; and March 5, 1677, he petitioned the town of Newbury " for about a rod of land at the hanging of the hill before his still-house on the street." | Col. Daniel Pierce had two or more malt-houses on land at the southeasterly corner of Chandler's lane, now Federal street, and the way by Merrimack river, now Water street, Newburyport, previous to the year I700,§ and on the north westerly corner of the same streets or highways Caleb Moody built a malt-house as early as 1673.II In 1692, James Ord way, sr., owned a dwelling-house and malt-house on the north westerly corner of Ordway's lane (now Market street) and the way near the river, now Merrimack street, Newburyport.^ At a later date other malt-houses and distilleries were estab- *Town of Newbury Records. t Essex Deeds, book cxi., p. 23. X" Ould Newbury," p. 177. § Ibid., p. 123. tl Ibid., p. 149. IT Ibid., p. 3.-,7. LANDING I'LACE AT PINE ISLAND. 264 HISTORY OF NEWBURY lished. May 18, 1738, the selectmen of Newbury, ¦with Henry Rolfe and Charles Pierce, justices of the peace, granted Joseph Lunt, jr., " liberty to erect a still house on the corner of Thomas Moodeys lane by the end of his Malt house for the distilling of strong liquors." * This grant was recorded Au gust 24, 1738. LIME-KILNS AND ROPEWALKS. At the beginning of the eighteenth century the tanning of leather was well established, ship-building was carried on quite extensively, and a large and profitable trade had been de veloped between Newbury and the West India islands. This Summer [1697] Ensign James Noyes hath happily discovered a Boddy of Marble at Newbury, within half a mile of the navigable part of Little River ; by which means very good Lime is made within the Province.f Several kilns were built for the burning of lime within the liraits of the town, and for many years the business was pros perous and profitable. I Cordage was probably manufactured in Newbury pre vious to 1748. John Crocker, in a petition presented March 8, 1747-8, to the inhabitants of the town, raakes the follow ing statement : — Whereas his present occupation of Rope making has been found for time past very beneficial not only for the sea faring business of this Towne but also as thereby many poor people are imployed he there fore asks permission to set up a rope walk between Abiel Somerby's land and the windmill for such a term of years as they [the freeholders of the town] shall think proper.§ The petition was granted ; and the selectmen were author ized to lay out the land for the purpose designated, the peti tioner to have the use of it for ten years. 1| *Town of Newbury Records. t Pli.xnomena quondam Apocalyptica, etc., or, The New Heaven and the New Earth, by Samuel Sewall, first edition (1697), p. 60, in Boston Public Library. 4 " Ould Newbury," pp. 421-423. §Town of Newbury Records, p. 74. II "Ould Newbury," pp. 610, 611. In 1S03, there were five cordage manufactories in New bun-. einployiug from forty to fifty men and boys, and producing annually from two to three hun dred tons of cordage, valued at about ^70,000 (History of Newbur>-port, by Caleb Cushing, p. 3S) . THE SETTLEMENT AT MERRIMACK RIVER 265: From 1724 to 1737, Capt. Crocker was master of a vessel that made many voyages between Boston and London. He ¦was a member of Christ Church, Boston, and married, April 12, 1727, Mary, daughter of Thomas and Mehitable Savage, of that town.* He removed to Newbury in 1737, probably. " Elizabeth, daughter of Capt John Crocker & Mary his wife," was baptized by Rev. Matthias Plant August 8, 1737. Capt. Crocker was one of the wardens of Queen Anne's Chapel in 1739 and a vestryman in 1740. He was afterwards a prom inent member of St. Paul's Church, and was-annually elected to the office of warden or vestryman of that church from 1743 to 1753. He died March 19, 1763, and was buried in St. Paul's churchyard, then in Newbury, now within the limits of the city of Newburyport. The Massachusetts Gazette, published in Boston, April 7, 1763, contains the following obituary notice : — Newbury March 19, 1763 This Day died here in the 71=' year of his Age Capt John Crocker a gendeman that was well known in the town of Boston where he formerly lived and was many years in the London Trade. He was universally beloved and esteemed for his re-markable Honesty and good Nature, and other amiable Qualities. The memory of the Just is blessed. HAY SCALES. Ponderous scales for weighing hay, grain, and other heavy merchandise were erected at a very early date near the centre of the town, on Fish street, now State street, Newburyport. May 23, 1753 the town granted liberty to Samuel Titcomb and John Harris to build a substantial engine to weigh hay, to stand where the old engine stood near the head of Fish street.f A petition, signed by James Knight and others, " inhabi tants of Newbury," for liberty to erect hay-scales on the highway, nearly opposite the town-house, at the head of Muzzey's lane, now Marlborough street, was granted March 13, 1758-9-$ « Rev. Anson Titus, of Tufts CoUege, who has given much attention to genealogical research, says that Thomas Savage was a goldsmith by trade ; that he was for raany years in Barbadoes, but subsequently came to Newbury, where he died .-Vugust 23, 1749. His grave and the grave of his wife " .Mehitable," who died June 6, 1737, are in the Old HUl Burying ground, Newburyport. t Town of Newbury Records (i73'-S5). P- 94- + 'Wd.. p. 117. 266 HISTORY OF NEWBURY MANUFACTURE OF COMBS. The raanufacture of combs was established in Newbury in 1759 by Mr. Enoch Noyes. The business is still carried on successfully in West Newbury and in Newburyport.* THE INCORPORATION OF NEWBURYPORT. June 10, 1763, a petition, signed by William Atkins, Dan iel Farnham, Michael Dalton, Thomas Woodbridge, Patrick Tracy, and many other inhabitants of Newbury, living at or near the water side between Cottle's lane, now Bromfield street, Newburyport, and the dividing line of the Fifth parish, now Oakland street, Newburyport, was presented to the Gen eral Court, asking that a portion of the town of Newbury might be set off and incorporated as a separate town. Many reasons why this request should be granted were stated in the petition. Considerable emphasis was laid upon the fact that the farraing population persistently opposed any and all raeasures advocated by " the merchants, traders and mechanics " living at the water side ; that the petitioners were obliged to provide fire engines at their own cost, for the protection of their property; that there were no fixed and stated schools, but only raovable ones, and no public school- houses within the liraits of the proposed new town ; that there was no town treasurer, the selectraen serving in that capacity in violation of the law of the province; that the taxes were illegally assessed ; and also that the new town- house on Fish street, now State street, lately built by sorae of the petitioners, with the aid and consent of the courts of Essex county, had not been used by the town on account of complaints and objections to its location. The General Court ordered " that the town clerk of New bury be served with a copy of the petition, and the inhabi tants be notified to appear on the second Tuesday of the next sitting of the Court to show cause why the prayers of the petitioners should not be granted."! * Coffin's History of Newbur^-, p. 225. t Acts and Resolves of tlie Province of Massachusetts Bay, vol. iv., p. 69S. THE SETTLEMENT AT MERRIMACK RIVER 267 On the twenty-eighth day of Jfinuary, 1764, the General Court passed " an act for erecting part of the town of New bury into a new town by the name of Newburyport," which was approved by Francis Bernard, governor of the province, February 4, 1764. The first section of this act gives the bounds and limits of the new town as follows : — ¦Where As the Town of Newbury is, very large, and the Inhabitants of that Part of it who dwell by the 'Water-side there, as it is commonly called, are mostly Merchants, Traders, and Artificers, and the Inhabi tants of the other Parts of the Town are chiefly Husbandmen, by means where of many Difficulties and Disputes have arisen in managing their publick Affairs : Be it enacted by the Governor, Council and House of Representa tives, That that Part of the Town of Newbury, and the Inhabitants thereof included within the following Line : namely, begining at Mer rimack River, against the North-easterly End of the Town way Com monly called Cottle's Lane, and running as the said Lane doth on the easterly side of it, to the highway commonly called High Street ; and so westerly as the said highway runs, on the northerly side thereof, till it comes to a town way known by the name of Fish Street ; and thence southwesterly as the way goes, and on the easterly side thereof, leading by Benjamin Moodey's to a place called the West Indies, until it inter sects a streight line drawn from the southerly side of the highway against Cottle's Lane aforesaid, to a rock in the great pasture near the dividing line between the third and fifth parishes there ; and so as the said streight line goes, until it comes to the dividing line aforesaid ; and from thence as the said dividing line runs, by the said fifth parish, down to the Merrimack River, and thence, along said river to the place first mentioned, — be and hereby are constituted and made a [separate and] distinct Town by the name of Newburyport, and vested and endowed with all the Powers, Priviledges and Immunities that the Inhabitants of any of the Towns within this Province do or ought by Law to enjoy ; save that they shall have the Right of chusing and sending from time to time but one Person to represent them in the Great and General Court of this Province.* The act provided, also, that only one representative should be elected annually from the remaining part of the town of Newbury ; that the boundary lines between the several par ishes should remain as heretofore by law established ; that public buildings and other pubUc property should be equitably * Acts and Resolves of the Province of Massachusetts Bay, vol. iv. , p. 676. 268 HISTORY OF NEWBURY divided, accounts adjusted, and settlement made according to the valuation fi.xed by the last tax levy. June 6, 1765, the inhabitants of Newbury appointed a com mittee to confer with a committee from Newbur}'port in re gard to the value of the public buildings, within the limits of Newbury, belonging to the inhabitants of both towns; and March 11, 1766, this committee was authorized to demand and receive from the town of Newburyport all sums due in settlement of claims to that date.* The dividing-line between Newbury and Newburyport can be traced on the map on page 239, beginning at the point marked M on the Merrimack river, thence running to the point marked T, thence to S, thence to K, thence to L, and thence by the Merrimack river to the bound begun at. * Town of Newbury Records. CHAPTER V. 1 765-1902. After the incorporation of Newburyport the inhabitants of Newbury voted, September 19, 1764, to hold the next annual town meeting in Rev. Moses Hale's meeting-house in the Second parish, " provided the inhabitants of that parish consent thereto." * At a meeting of the inhabitants of the Second parish, held October 16, 1764, liberty to use the meeting-house for the transaction of public business, "in the month of March next," ^vas granted vrithout debate.f The annual meetings of the town were held there until May 19, 1767, when it was voted " that, hereafter, the town house in the first parish shall be the place of meeting until further orders." * March 8, 1768, the subject was again under considera tion ; and the town voted that " the next annual meeting shall be held in the second parish." The town-house at this tirae was very rauch out of repair, and repeated efforts were made to improve its condition. Votes passed at one meeting, authorizing the selectraen to make the necessary repairs, were reconsidered and declared null and void a few weeks later. March 13,1 770, the town voted that hereafter, until other wise ordered, " one half the town meetings shall be held in the second parish." March 10, 1772, the inhabitants again assembled in the town-house ; but, after choosing a modera tor, they voted to adjourn to the meeting-house in the First parish, where the regular order of business was taken up and disposed of. Subsequently, town meetings were held alter nately in the First parish and the Second parish meeting houses until March 10, 18 18, when the inhabitants were notified to meet in the Newburyport Academy, then within *Town of Newbury Records. t Second Parish Records, p. 139. 269 2 70 HISTORY OF NEWBURY the limits of the town of Newbury, the old town-house having been sold at public auction to John Mycall, Esq., in 1780.* At a raeeting held in the academy April 6, 1818, a com mittee was chosen to select a suitable place for a town-house ; and a few weeks later land owned by Dudley A. Tyng, Esq., at the corner of the Bradford road and the way to the Ames bury ferry, now in Newburyport, was purchased, and the building of a new town-house decided upon. June 18, 18 1 8, the legal voters of the town were summoned to at tend a meeting to be held in the Second parish meeting house, " to see if they \vill suspend building the town house until the deterraination of the Legislature is known respect ing the division of the town." f At this raeeting 229 votes were cast in favor and 309 against discontinuing the work ; but in the month of July following, at a raeeting held in the Newburyport Academy, the town voted to reconsider its action in regard to building a town-house in the Fourth parish, and decided that it should be erected in the First parish between the head of Green leaf's lane, now State street, and the toll-house on the New buryport turnpike. October i, 18 18, the selectmen were authorized by an unanimous vote (241 persons voting in favor of the motion and no one opposing it) to purchase a lot of land near the turnpike, owned by Moses Brown, and to remove frora the Fourth parish to this land all the lumber and other materials that could be used in the construction of a town-house. The building was completed during the following winter, and March 9, 18 19, the inhabitants of Newbury assembled for the first time in the new town-house, and continued to meet there annually until April 17, 185 1, when the General Court ordered that a portion of the town of Newbury, includ ing the town-house, should be set off and annexed to the town of Newburyport. J *" Ould Newbury," pp. igS-200, 649. tTown of Newbury Records, also Essex Deeds, book ccxvii., p. 204. ^The town-house is still standing nearly opposite the entrance tothe Oak Hill Cemetery. For several years it was used by the cit\- of Newburyport for the accommodation of the pupils of the Brown High school. It was afterwards sold and converted into a dwelling-house. THE SETTLEMENT AT MERRIMACK RIVER 271 During the next two or three years public meetings were held in the high-school building near the First parish meeting house and at the vestry in Pearson's Mills village. March 20, 1854, the selectmen were authorized to purchase a lot of land and build a town-house in the farms district between the estates of Luther Noyes and John N. Kent. The first meeting in this new town-house was held November 13, 1854. PRIVATE AND PUBLIC CONVEYANCES. Heavy carts for the transportation of merchandise and agricultural products, drawn by oxen or horses, were in use in Newbury as early as 1670, and perhaps earlier; but men and women, travelling for business or pleasure, went on foot or rode on horseback. Carriages or coaches for the trans portation of passengers were considered a costly luxury in the province of Massachusetts Bay previous to the year 1700. Jonathan Wardell set up the first hackney coach in Boston in 1712.* The improvement in roads, and the gradual increase of wealth in the province, led to the introduction of the calash, a low, two-wheeled carriage, v-rith a top that could be thrown back or raised at pleasure, drawn by one horse. The pas senger chair, or chaise, having two, sometimes four, wheels, came into use about the same time. Sulkies and gigs, for carrying a single person, soon followed. At a later date the curricle, a two-wheeled carriage, with seats for three or four persons, drawn by two horses, was a popular conveyance on long lines of public travel. Judge Sewall, having sailed in the sloop " Samuel and Hannah " from Boston for York, was forced by head winds to land at Marblehead. In his diary, under the date of May 13, 1 7 1 8, he wrote : " Went to Salem in a Calash my Bro'' provided. From thence with the Post got to Newbury that night." t For the better accommodation of travellers the General * Memorial History of Boston, vol. ii. (note), p. 452. t Diary of Samuel Sewall, vol. iii., p. 1S4. 272 HISTORY OF NEWBURY Court ordered, June 23, 17 18, "that at Charlestown, Winni- siraraet [Chelsea] Salera and Newbury ferries there be hence forth provided and kept on each side of the water, by the ferry raen of the respective ferries, a pair of planked trucks of a sufficient breadth for the Safe and raore convenient passing of coaches, colashes, horses and cattle, in and out of the ferry boats, on penalty of ten shillings for every three raonths neglect," etc.* In 1737, a tax of thirty shillings per annum on the owner of a coach or chaise having four wheels, and twenty shillings per annum on the owner of a chaise, calash, or chair having two wheels, was imposed by order of the General Court. A memorandum on the fly-leaf of the records of the town of Newbury gives the names of some of the persons taxable under this law, as follows : — Joseph Atkins, chaise, May 26, 1 738. Lieut Joseph Pike, calash, June 12, 1738. Edmund Greenleaf ordered his new chaise to be entered July, 1738. Joseph Moulton informed the town clerk that he owned a chaise July 31. 1739- Lieut John Emery, chaise, March 20, 1739-40. Benjamin Moody paid for his chaise for one year past twent}- shillings, .March 24, 1739-40. Rev. Matthias Plant, minister at Queen Anne's Chapel, noted in his memorandum, or account book, the following items : — .A.ug. 12. 1748 I pd Jacob Chaice for painting my chair i.io.o. .A.ug. 25, 1748 pti Pearson for oil & paint for chair 0.17.0 He also acknowledged at a subsequent date the receipt of ten shillings for the use of his chair, or chaise, from Newbury to Boston and return. From the tavern kept by John Stavers in Portsmouth the first stage, or passenger chair, with two horses, and capable of carr}-ing four persons besides the driver, started on Monday, April 20. 1 76 1, for Boston, passing through Newbury on the way, returning in season to reach Portsmouth Frida)- night. For man\- years this stage continued to make one trip every • Province Laws, vol. ii., p. 102. THE SETTLEMENT AT MERRIMACK RIVER 2J^ week to Boston and back, leaving Portsmouth, however, on Tuesday instead of Monday, and returning on the Saturday following. Bartholomew Stavers, brother of John Stavers, published in May, 1763, the following notice: — The Portsmouth Flying Stage Coach Is now finished, which will Carry Six persons inside : runs with four or six horses: each person to pay 135 6^ to Boston and 4s 6^ to New bury. Sets out from the sign of the Earl of Halifax, every Tuesday moming behveen 7 and 8 o'clock, goes thro' Newbury to Boston, and will put up at inns on the road where good entertainment and attendance are provided for the passengers in the coach. The subscriber, Master of the Stage coach, is to be spoke with from Saturday night to Monday night, at Mr. John Stavers', innholder, at the Sign of the Earl of Halifax. Bartholomew Stavers.* In 1774, the following advertisement appeared in the Massachusetts Gazette : — Stavers Stage Coach number one Continues to ply from Portsmoutli to Boston with Four Horses equal to any in America : sets out from Portsmouth on Tuesday morn ings, reaches Boston next Day : Leaves Boston Friday mornings reaches Portsmouth next day, at said Staver's House, where is good accommo dations for Carriages and Horses. He takes Care and provides good Drivers. His Carriages for twelve years have never been overset nor Passengers met with any Hurt. N.B. Such as want a Passage from Boston are desired to apply to Mrs. Bean's in King Street.f During the same year Mr. Ezra Lunt commenced to run a line of coaches from Newburyport through Newbury, Ipswich, and Salera to Boston, raaking two trips a week each way. In The Essex Journal and Merrimack Packet, a newspaper printed in Newburyport, in the raonth of May, 1774, is the following advertisement : — Stage Coach That constantly plies between Newburj-port and Boston sets out with four horses every Monday morning, at 7 o'olock, from Newbury- * " Rambles about Portsmouth," p. 187. t Putnam's Monthly Magazine, July, 1S92, p. 76. 274 HISTORY OF NEWBURY port, and arrives at Boston the same day ; leaves Boston every Thursday morning, and reaches Newburyport the same day. Such ladies and o-endemen as want a passage from Newburyport to Boston, are desired to apply at the house of the subscriber, opposite to the Rev. Mr. Par son's Meeting House. And those from Boston to Newburyport, at the house of Mrs. Beal, in King Sti-eet. It is hoped this very expensive undertaking will meet with encourage ment from all ladies and gentiemen as they may depend on the punctual performance Of the people's most obedient servant Ezra Lunt.* At the breaking out of the Revolutionary war, Mr. Lunt sold his horses, carriages, and stable fixtures, and enlisted in the Continental army. April 21, 1795, Jacob Hale and son announced that they would run a line of stages through the towns of Newbury and Ipswich to Boston, " twice a week, on Mondays and Thursdays, returning Wednesdays and Satur days." Seats to be secured at Mr. Hale's house on Federal street, Newburyport, " near Mr. Dana's meeting-house." 7 April 22, 1800, Joseph and Benjamin Hale advertised in the Newburyport Herald and Country Gazette that "the stage formerly run by Mr. Jacob Hale" "will leave Federal street opposite Mr. William Bartletts " once a week for Boston. In 18 iS, the Eastern Stage Company was organized; and under the raanagement of Mr. Benjamin Hale, Dr. Nehemiah Cleaveland, and others, a line of stages was established and maintained frora Dover to Portsmouth, N.H., and from thence to Newburyport, Newbury, Ips^vich, Topsfield, and Boston. April 14, 1836, the Eastern Railroad Company was in corporated by the General Court of Massachusetts. The road was opened from Boston to Newbury on the nineteenth day of June, 1840, and to Newburyport on the twenty-eighth da\- of August following. In 1850, the road from Newburyport through Byfield was built to Georgetown, and from thence, in 185 1, to Bradford. Two years later, it was extended from Georgetown through Topsfield and Wakefield, and leased to the Boston & Maine ¦ Cige's Histor>' of Rowley, p. 465 ; also, Putnam's Monthly Magazine, July, i$92, p. 77. t Impartial Herald, .April 21, 1795. THE SETTLEMENT AT MERRIMACK RIVER 275 Railroad Company. In 1884, the Eastern and the Boston & Maine railroads were consolidated, and are now under the management of one board of directors. These roads, in connection with the street railway from Parker river to Newburyport,* and the street railway through Byfield, operated by the Georgetown, Rowley & Ips'wich Railroad Company,! give the inhabitants of Newbury oppor tunity to enjoy frequent and easy communication with other towns in Essex county. TURNPIKES. In order to shorten the distance between Newburyport and Boston, and render it possible for travellers to make the journey more expeditiously, the building of a turnpike was proposed and zealously advocated ; but the inhabitants of Newbury, believing that it would divert travel from the old road, via Parker river bridge to Ipswich and Boston, voted. May II, 1802, to oppose the project. The General Court, however, on the eighth day of March, 1803, authorized " Micajah Sawyer, Williara Coombs, Nicholas Pike, Arnold Wells, William Bartlet, John Pettingell, William Smith, John Codman and Jaraes Prince and all such persons as are or shall be associated with them under the narae of the Newbury port Turnpike Corporation " to lay out and build a turnpike road, four rods wide, frora the head of State street in Newburyport, through Newbury, Rowley, and Ipswich, to Topsfield, and thence in a southwesterly direction, in as nearly a straight line as possible, to Chelsea bridge, with liberty to erect turnpike gates and establish tolls, to be collected frora every person travelling in a coach, cart, or other carriage over that road. The company organized, and ordered the pre liminary surveys to be made without delay. During the summer of 1803 the work of construction was begun. The turnpike was completed in 1806 at a cost of nearly $420,000. * Completed and operated July 10, 1890, as a horse railroad from Newburyport to " trayneing green," Newbury, extended to Parker river, May 30, 1S91, equipped and first used as a street electric railway June 27, 1891. t Supplied with electric motive power and opened for tlie transportation of passengers April 30, igoo. 276 HISTORY OF NEWBURY It was never popular with the travelling public, and proved to be an unprofitable investment for the capitalists who built it. February 24, 1 806, the General Court passed " An Act to establish Plum Island Turnpike and Bridge Corporation." Although the subscribers to the capital stock of this corpo ration were nearly all citizens of Newburyport, the turnpike, about two miles long, extending from the northeast end of Rolfe's lane, now Ocean avenue, Newburyport, to a point on Plum island about one mile north of Sandy beach, so called, together with the bridge over Plum Island river, were wholly within the limits of the town of Newbury. The turnpike and bridge were completed before the close of the year. The corporation has been several times reorganized ; and visitors are now transported to and from Plum island over this bridge and turnpike in cars connected with the Citizens' Electric Street Railway systera of Newburyport. BRIDGES. For the accommodation of travellers on their way from Newbur}' to Rowley and thence to Boston, a bridge was built over the Parker river, near the residence of Richard Thorlay, previous to the year 1654. It was one of the earliest bridges erected in New England, and the first one over navigable waters within the limits of the town of New bury. It has been several times enlarged and repaired. In September, 1660, a committee was appointed by the court at Ipswich to view the bridge and highway between Newbury and Rowley. This committee reported June 25, 1661 ; and the court ordered the county treasurer to pay the sum of forty pounds to Ezekiel Northend and John Pickard, provided they build "a sufficient horse bridge six foot wide" over the Parker river.* Messrs. Northend and Pickard evident!)" assigned or sublet their contract to John Woolcott. When the bridge was completed, the committee reported that it was inadequate and unsatisfactory.! November 25, 1662, John Woolcott, who built the bridge, agreed to raake it " Salem Court Records, vol. iv., p. 71. tSalem Court Files, vol. viii., p, 94. THE SETTLEMENT AT MERRIMACK RIVER 277 Strong and substantial ; * and June 30, 1663, the court ordered the county treasurer to pay him the balance due according to the terms of the contract.! In 1758, a larger and more serviceable bridge over the same river from Newbury neck to Oldtown ferry landing, was built with funds raised by means of a lottery authorized by an act of the General Court passed January 29, 1750-1, It was maintained as a toll-bridge until 1850, when the rights and privileges of the corporation were surrendered to the comraonwealth. In 1853, it was rebuilt by the county of Esse.x and made a free bridge. Since that date the annual charges for repairs and maintenance have been paid by the inhabitants of the town of Newbury .J The Essex— Merrimack Bridge Corapany was incorporated February 24, 1792, and built, during the following summer, a bridge over the Merrimack river connecting Deer island with the towns of Newbury and Salisbury. In the year 18 10 the main portion of this bridge was taken down, and a chain sus pension bridge erected in its place. February 6, 1827, some of the chains supporting this structure gave way, and the bridge, with a loaded team, two men, four oxen, and one horse, fell into the river below. The horse and men were saved, but the oxen were drowned. During the following suraraer the bridge was rebuilt and raaintained as a toll-bridge until the fourth day of August, 1868, when it was laid out as a public highway under the provisions of an act passed by the General Court in the month of June preceding.§ June 14, 1794, Enoch Sawyer, William Coffin, Joshua Wingate, Jacob Brown, Joseph Newell, Amos George, Ephraim Elliot, Moses Moody, William L. Abbot, and William Cutler, " with such other persons as may be associated with them," were made and constituted a corporation by the General Court, and authorized to build a bridge over the Mer rimack river "from the public landing at Swett's ferry in Haverhill to the opposite shore in Newbury." The bridge was built at or near Holt's rocks, and was known as the Rocks •Salem Court Records, vol. iv., p. 107. t Ibid., vol. iv., p. 118. For a more extended account of Thorlay's bridge the reader is referred to " Ould Newbury," pp. 201-21 1. X " Ould Newbury,'' pp. 530-539- 5 Ibid., pp. 593-604. THE SETTLEMENT AT MERRIMACK RIVER 279 bridge by the travelling public, although "Merrimack bridge " was the name given to it in the act of incorporation. It was one thousand feet in length, and connected Rocks village in East Haverhill with the upper parish in Newbury, now a part of the town of West Newbury. The bridge, built in a substantial manner, supported by five piers and two abutments, was completed on the twenty- sixth day of November, 1795. The event was celebrated by the display of flags, the ringing of bells, the firing of cannon, and by a procession of workmen, officers of the corporation, and citizens generally, who marched in military order over the bridge, escorted by a troop of horsemen under the com mand of Captain Boardman.* A heavy freshet, that raised the water in the Merrimack river to an unprecedented height, with the floating ice that formed a temporary dam between the piers, swept the bridge away in the spring of 18 18, completely destroying it. No effort was made to rebuild it until the year 1828, when the General Court granted "the proprietors of the Merrimack Bridge" liberty to build a bridge " upon the old foundations at or near Holt's rocks." The work of reconstruction, begun in April, 1828, was completed early in the month of November follow ing. It was maintained as a toll-bridge imtil 1868, when it was made free and laid out as a public highway by order of the General Court. , In 1883, it was repaired and supplied with a new swinging draw of modern construction. In 1892 it was strengthened by the addition of two new piers, and in 1894 a portion of the bridge on the Haverhill side was removed and replaced by a new iron structure. The half-tone print on the opposite page gives a view of the covered way as it was in 1828 and as it appears from the Newbury, now West Newbury side of the river. Several years previous to the rebuilding of Rocks bridge some of the prominent citizens of Amesbury became interested in a plan to revive and restore, if possible, the popularity of the old route of travel over Hook's ferry by building a * Impartial Herald (Newburyport), December i, 1795, 28o HISTORY OF NEWBURY bridge, across the Merrimack river, from the mouth of Powow river to the old ferry landing-place on the opposite shore, in Newbury. Robert Patten, and other persons who were interested with him, presented a petition to the General Court, May 27, 1824, asking for an act of incorporation for the purpose naraed, subject to such restrictions as the General Court might consider necessary. On the seventh day of June the Senate concurred with the House of Representatives in the appoint ment of a committee to \dew the location, and investigate the claims set forth by the petitioners as well as the objections urged by the opponents of the measure. A strong remon strance from the inhabitants of Haverhill, and other towns on the river, undoubtedly induced the committee to recommend " that further consideration of the subject be referred to the next General Court." This recommendation, adopted Febru ary 15, 1825, although unsatisfactory to the petitioners, was accepted by them ; and no further attempt was made to secure the coveted charter. During the following summer a new moveraent was inaugurated that resulted in the building of a bridge two or three railes below the place selected by Robert Patten and his associates. As early as February 27, 1802, William Bartlet and Nicho las Pike applied to the General Court for liberty to build a bridge from Newbur}-port to Salisbury, and also a road to connect it with a proposed turnpike from Portsmouth to Boston. On the eleventh day of May the town of Newbury voted to oppose the erection of a bridge over the Merrimack river from Newburyport, and also voted to oppose the build ing of a turnpike to Boston. The inhabitants of other towns on the river objected, on the ground that the proposed bridge would be an obstruction to navigation. June 12, 1802, a special committee was appointed by the Senate and House of Representatives to visit Newburyport, hear the testimony of the petitioners as well as the remon strants, and report the result of their investigations at the ne.xt session of the General Court. February 28, 1803, this committee reported " ine.xpedient to grant the prayer of the THE SETTLEMENT AT MERRIMACK RIVER 281 petitioners," and, apparently, no farther action was taken for nearly twenty-five years. March 4, 1826, James Prince, John Wood, Stephen Froth- ingham, "and all other persons associated with them" were authorized to erect a bridge over the Merrimack river, from Newburyport, between Market and Kent streets, to some convenient point in the town of Salisbury ; and, also, to lay out and make a road four rods wide from the bridge on the Salisbury side to the county road leading to the meeting-^ house in. East Salisbury. The bridge was buUt during the suramer of 1827. It rested on four stone piers and two abutments, and was supported in part by chains that ex tended from the top of a high wooden arch, built on the west bank of the river, to the centre of the span between the stone abutment and the first pier, and thence over the top of a second arch, built on that pier, to the centre of the second span, and so continuing until the Salisbury shore was reached. LAWS AND ORDERS FOR THE PROTECTION OF FISH. William Wood, in his description of New England published in London in 1634, says, "In this river [Merriraack] is stur geon, Sammon and Basse, and divers other kinds of fish." * "The sturgions be all over the countrey, but the best catch ing of them be upon the Shoales of Cape Codde and in the River of Mirrimacke where much is taken, pickled and brought for England, some of them be 12, 14, 18 foote long." * On the twenty-sixth day of March, 1642, the town of Salisbury " granted to Robert Ring two acres of upland upon the island ! over against Watts sellar % to be employed about fishing for two years." § At that date there was no settlement on the southwesterly bank of the Merrimack river. The name "Watts Sellar" was probably applied to a shallow excavation or pit that marked the spot where a house for the accommodation of fishermen once stood ; subsequently the new town, which in- * A^Ue, p. 25. t Ring's Island, opposite foot of State stieet, Newburyport. X In rear of the present police station, Newburyport. § Coffin's History of Newbury, p. 37. 282 HISTORY OF NEWBURY eluded all the territory within the present limits of New buryport, was laid out and occupied by the early settlers of Newbury. The catching and curing of sturgeon soon became an im portant and profitable industry. Large quantities were boiled, pickled, packed in kegs, and shipped every season to Boston, London, and elsewhere. May 7, 1673, William Thomas, of Newbury, then seventy-four years of age, petitioned the Gen eral Court to prohibit the pickling or putting up of sturgeon by any person for transportation, " except such as by lawful authoritie shall be licensed thereto." * In answer to this pe tition the county courts were authorized " to license able and fitt persons to boyle and pickle sturgeon for sale," and also to appoint searchers, or inspectors, to examine the kegs when packed, and mark the weight and quality of the contents thereon.! Regulated and controlled by the provisions of this law, the business continued to grow and thrive in Newbury for many years. During the suramer months, sturgeon were abundant, and, when taken fresh frora the water and properly cooked, were esteemed a great luxury. Samuel Sewall, on his way frora Boston to Hampton and Portsmouth, " Stopped in New bury, July 8, 1701, and eat sturgeon at Major Davison's." % Salraon were also caught in large numbers ; and tradition asserts that they were so plentiful at certain seasons of the year that apprentices stipulated in their articles of agreement that they should not be compelled by their employers, who supplied them with food and clothing, " to eat salmon more than three times a week." Before the close of the seven teenth century, however, a more extended market reduced the overabundant supply ; and baked or boiled salmon became , a popular and favorite dish with farmers and laborers as well as with raen of prominence in the province of Massachusetts Bay. In May, 1695, Judge Sewall, returning frora a special court, " held at Mr Shaplighs just over against Dover," invited * Coffin's History of Newbury, p. 114. t Massactlusetts Colony Records, vol. iv., part II., p. 553. 4 Samuel Sewall's Diary, vol. ii,, p. 38. THE SETTLEMENT AT MERRIMACK RIVER 283 Mr. Thomas Danforth, Mr. Elisha Cook, Col. Hutchinson, and other gentlemen who accompanied him, to dine at his expense, on salmon, at Capt. Edward Sargeant's tavern, at the water-side, in Newbury.* May 13, 1 71 8, the town of Newbury granted Moses Chase, Abraham Annis, Joseph Pike, W^illiam Morse, and others liberty to use the flats near Holt's rocks, on condition that they give one salmon per yea^ to Rev. Christopher Toppan, pastor of the First church, and one to Rev. John Tufts, pastor of the Second church in Newbury, "if they catch them." ! "An act to prevent the destruction of salmon and other fish in Merrimack river " was passed by the General Court, February 28, 1765,^ but the fines and penalties imposed by this act were evaded, and the business of catching and curing salmon was continued until the growth of large manu facturing cities, the impurity of the water, the erection of dams at Lowell and Lawrence, seriously interfered with the movements and habits of fish coming from the sea, at the spawning season, and ultimately led them to seek purer streams. For the protection and preservation of bass in the Parker river the General Court, in answer to a petition from the in habitants of Newbury, § provided by a law passed April 26, 1 77 1, that fish should not be taken from that river, at certain seasons of the year, under severe penalties. || The provisions of this law were not strictly enforced; and March 2, 1793, " An act to enable the town of Newbury to regulate and order the taking of Fish called Shad, Bass and Alewives in the river Parker within the limits of said Town," and providing further "that the inhabitants of Newbury at their annual meeting may determine and order in what manner and at what time fish may be taken from said river," was passed by the General Court. May 7, 1793, the town of Newbury "voted that no person be allowed to put a seine, hedge, weir or drag net into the * Samuel Sewall's Diary, vol. i., p. 406. t Town of Newbury Records. X Province Laws, vol. iv., p. 741. § Town of Newbury Records, May 24, 1770. II Province Laws, vol. v., p. 134. 284 HISTORY OF NEWBURY river Parker, at any season, for the purpose of fishing for or catching of any Bass, shad or alewives in s"* river," and also " voted that no person be allowed to catch any of s"* Fish with a Dip net or any other way from the First day of December to the First day of April." * The enforcement of these rules and regulations was intrusted to Capt. Stephen Kent, David Dole, jr., and Stephen Adams, jr. Although faithful and diligent in the discharge of their duties, they failed to accomplish the purpose for which they were appointed ; and the power and authority of the General Court was again invoked to prevent the wholesale destruction of fish in Newbury. February 22, 1797, another act, more stringent in its provisions, was passed, prohibiting, under severe penalties, the sale of bass caught in the Parker river, and providing for the election of fish wardens to enforce the act ; but the results were un satisfactory, and the General Court , endeavored to improve the condition of affairs by another act, passed March 8, 1806, requiring mill-owners to make a sufficient way for the passage of fish over their mill-dams, and directing them to keep the fish-way open and well supplied with water from the fifteenth day of April to the first day of June. Additional acts were, passed March 4, 1809, February 26, 18 13, and April 18, I §37) without, however, increasing the number of fish in Parker river to any appreciable extent. Committees were chosen from time to time to carry the provisions of these acts into effect, but violators of the law continued to escape arrest and prosecution. Many of the offenders were from neighboring towns ; and the inhabitants of Newbury, in order to keep out all intruders, voted, April 19, 1858, to prohibit the taking of fish from Parker river or its branches, at any time, by any person not having a legal residence within the limits of the town. In 1869, the law was again raodified ; and now the catching of fish in the ponds, streams, or rivers of Massachusetts, is controlled and regulated by commissioners appointed by the State. ' * To^vn of Newbury Records. IHE SETTLEMENT AT MERRIMACK RIVER 285 FIRE-ENGINES AND FIREMEN. For more than a century after the settlement of Newbury disastrous fires were subdued or extinguished by the primitive appliances and methods then in use. Ladders borne upon the shoulders of men from the nearest workshop or farm house were raised to the roof of the burning building ; and ¦svater, by means of buckets passed from hand to hand, was thrown with more or less dexterity upon the devouring flames. When fire-engines were first introduced, they were rude and clumsy affairs, consisting raainly of a square or oblong cistern on wheels, fitted with pumps worked by levers and supplied with water brought in buckets from the nearest available source of supply. In 1744, the General Court authorized the appointment in every town in the province " of a suitable number of persons not exceeding ten who shall be denominated firewards and have each, for a distinguishing badge of the office, a staff of five feet long painted red and headed with a bright brass spire six inches long." * March 13, 1753, Nathan Hale and others presented a petition to the inhabitants of Newbury "about a fire engine." It is evident that the prayer of the petitioners was promptly granted; for "Will" Richards, John Brett, Enoch Plumer, Samuel Nowell, Benjamin Cole, Eliphalet Noyes, Benj^ Sweet, Jonathan Titcomb, Henry Friend, Somerby Moody, and John Sewall," having built an engine-house at their own expense, and taken care of the fire-engine for several years previous to May 21, 1759, were then "excused from other service in town affairs so long as they continue to take proper care of said engine and faithfuUy attend in case of fire." ! March 9, 1762, a petition was presented to the town of Newbury, stating that a company had been formed to take care of the fire-engine, that Gideon Woodwell had been chosen captain, and that he and his associates desired to be released •Province Laws, vol. iii., p. 214. tTown of Newbury Records (1731-85), pp. 93, 118. 286 HISTORY OF NEWBURY from certain minor duties while serving as firemen. tition was signed by the following persons : — The pe- Jonathan Marsh Benjamin Knight Jun Jacob Rolfe Thomas Cross Francis Hodgekins John Nowell Benjamin Gerrish Jonathan 'Whitmore Joshua Norton John FoUinsby 'WUliam Johnson Hezekiah Coleby Jun Gideon 'Woodwell Jonathan Parsons Jun Ebenezer Swasey Charles Cook The prayer of the petitioners was granted twenty of sd Petitioners from highway rates town. * Richard Smith Bulkley Emerson David 'Whitmore Joseph Rolfe Nathl Hunt Moses Nowell Thomas Rogers Nath' Knapp Jun so far as to exempt & petty affairs in the At the same meeting the town voted to organize a company to take charge of the fire-engine imported by Michael Dalton and others from London in May, 1761. The following per sons were appointed merabers of the company : — Richard Titcomb ' Isaac Johnson Jur Benjamin Pidgeon Abraham Gallashan Michael Tappan Jacob Gideon Obadiah Horton John Sewall Joseph CoUins Samuel Nowell John Stone Samuel Greenleaf Joseph Titcomb 3d Joseph Remick OfEn Boardman Jacob Toppan Joseph RoweU Benjamin Pike Leonard Smith John Stickney Jr Samuel Coker They were also excused from serving as subordinate officers of the town, and were by a special vote exempt from the pay raent of highway taxes.! Voluntary associations were also formed to assist the fire men in the performance of their duties. Every member of the "Dernier Resort Fire Society," organized in 1 761, was required to provide himself with " two good leather buckets, two strong bags, and a knapsack for food or clothing." These fire-engines were located in the centre of the town, and were set off and transferred to Newburyport when that town was incorporated in 1764. February 7, 1786, the selectmen of towns, "that are or ma)' be provided with fire engines," were authorized by the *Town of Newbury Records (1731-85), p. 133. tIbid., p. 132. THE SETTLEMENT AT MERRIMACK RIVER 287 General Court to appoint suitable persons, not exceeding fif teen to any one engine, to be under the direction of the fire- wards of the town, « and subject to such rules and regulations as they shall adopt." The firemen were placed in charge of the engines to which they were appointed, and were required to respond quickly at every alarm of fire, and assist in sub duing the flames. Previous to 1803 that part of Newbury known as "Belle- 'ville " was provided with a fire-engine. One article in the warrant for the town meeting held April 4, 1803, reads as follows : — To see if the town will erect a suitable building to cover an engine which has been lately purchased by Enoch Sawyer and others. No definite action was taken in regard to the erection of an engine-house during that year ; and the subject was not again brought to the attention of the voters until another engine had been purchased by some of the prominent citizens resid ing in the vicinity of Marlborough street, at the lower end of the town. At the annual meeting held May 9, 1805, the selectmen were authorized to expend two hundred dollars to build two engine-houses, and provide sixty-four buckets, to be equally divided between the two engine societies. At a tovra. meeting held April 7, 1806, the following per sons were appointed fire-wards : — FOR ENGINE NUMBER ONE. John RoUins Famum How Robert Dodge Orlando B. MerriU Jacob Littie Eben^r 'Whitmore FOR ENGINE NUMBER TWO. Capt David Littie Richard Pike PhUip Coombs Stephen Ilsley Capt Ebenezer Stocker Samuel Goodwin Joseph Lunt Colby May 9, 1808, the following fire-wards were appointed : — FOR ENGINE NUMBER ONE. Jacob Littie Robert Dodge Oriando B. MerriU John RoUins Farnum How Ebenzr Whitmore HISTORY OF NEWBURY Benjamin Perkins Jacob Swett Capt David Little Philip Coombs FOR ENGINE NUMBER TWO. Mayo Gerrish Isaiah Ilsley Major Benj Stickney Richard Pike Samuel Goodwin Stephen Ilsley Moses Adams Jun Abram Wheelwright When " Belleville " and " Joppa " were annexed to New buryport in 185 1, engines numbered one and two were trans ferred, with other public property from the town of Newbury, and subsequently under the name of " Torrent, number FIRE ENGINE, 1850. seven," and "Neptune, nuraber eight," they were united with the fire departraent of the city of Newburyport. Since that date, owing to the sparseness of the population and the isolation of the dwelling-houses, it has not been considered necessary or advisable to keep or maintain fire-engines within the present territorial limits of Newbury. THE ADOPTION AND RATIFICATION OF THE CONSTITU TION OF THE STATE OF MASSACHUSETTS. During the year 1777 the General Court, acting as a con vention, prepared a constitution for the government of the State of Massachusetts, and on the twenty-eighth day of February, 1778, submitted it to the people for their approval. THE SETTLEMENT AT MERRIMACK RIVER 289 On the tenth day of March the town of Newbury appointed a committee to examine the proposed constitution, and report the result of their investigations at a subsequent meeting to be called by the selectmen. June second, this committee recommended that the legal voters of the town refuse to accept or adopt the constitution on account of its many and serious defects.* Meetings were held in every town throughout the state, and after an exciting canvass the proposed constitution was rejected by a large majority of the votes cast. February 20, 1779, the General Court passed a series of resolutions directing the selectmen of towns to ascertain whether the freeholders and inhabitants of their respective towns favor the " calling of a State Convention for the sole purpose of forming a new Constitution," and to retum to the Secretary of State, previous to. the first Wednesday in June foUowing, the number of persons voting for or against the pro posed measure. On the twenty-first day of May the towm of Newbury voted " that in case a major part of the People of this State shall appear to be for a new form of government at this time then, in that case, this Town instruct their Repre sentatives to act for a Convention to be called in such a way and manner that all the good People in the State (as nearly as may be) may have an equal voice in forming the said con stitution." ! Having ascertained that the inhabitants of more than two- thirds of the towns in the state were in favor of the proposed convention, the General Court recommended, June 17, 1779, that delegates from every town should be elected to meet in Cambridge " on the first day of September next . . for the sole purpose of framing a new Constitution." August fourth, Mr. Richard Adams, Enoch Sawyer, Esq., and Mr. Ebenezer March were chosen to represent New bury, and with many eminent men from other towns in the state assembled at the time and place designated. The con vention organized by the choice of Hon. James Bowdoin, president, and Samuel Barrett, Esq., secretary. Rules were •Town of Newbury Records (1731-85), P- 382- t Town of Newbury Records. 290 HISTORY OF NEWBURY adopted, several important committees appointed, and the general principles of the proposed declaration of rights dis cussed. The convention continued its deliberations until the seventh day of September. It assembled again October twenty-eighth, for another session of nearly two weeks, when it adjourned to meet, January 5, 1780, in the representatives' chamber in the state house at Boston. March 2, 1780, the members of the convention agreed upon the constitution that was soon after printed and sub mitted to the legal voters of the state for their approval or rejection. They also recoraraended that the votes cast for or against the constitution should be examined and counted by the delegates to another convention to be held in Boston June 7, 1780. On the twenty-ninth day of May, Enoch Sawyer, Esq., Mr. Richard Adams, and Mr. Ebenezer March were re-elected to represent Newbury in the examination of the returns ; and at the same meeting it was also voted, "that the Delegates frora this Town be authorized to Joyn with their Brethren in Convention & Determine when the Constitution shall take Place, Provided that two Thirds of the male inhabitants of this state vote for the same." * On the sixteenth day of June, 1780, the convention de clared that the constitution had been adopted by the requisite number of votes, and " Resolved, that the said Constitution or Frame of Governraent shall take place on the last Wednesday in October ne.xt." PARISH TAXES AND PUBLIC 'WORSHIP. As early as May 24, 1770, an effort was raade to secure for the inhabitants of Newbury " liberty to attend public worship in any meeting house in Newbury or Newburyport and pay taxes where they attend." ! This effort, however, was unsuccessful ; and no further action was taken until March 10, 1794-5, when the town of Newbury voted "that the inhabitants of this town have liberty to attend Publick •Town of Newburj' Records. t " Ould Newbury," p. 516. THE SETTLEMENT AT MERRIMACK RIVER 291 worship where they choose and be subject to the Rules and Regulations of that Society where they generally attend and be exempted from taxation elsewhere for the support of publick worship." * Major Samuel Noyes, Lieut. Nathaniel Emery, .Deacon Solomon Haskell, and Capt. Paul Moody were appointed a committee to petition the General Court for the enactment of a law legalizing the vote and providing for the assessment and collection of taxes in the manner proposed. An act authorizing the First parish in Newbury to "ex empt from taxation those persons who produce a certificate from any incorporated religious society stating that they are members of that society and are willing to be taxed therein " was passed June 17, 1796.! This act, however, did not exempt the inhabitants of other parishes in Newbury from the payment of taxes for the support of public worship in the parishes where they resided, even though they were faithful and devout raembers of, and regular contributors to religious societies elsewhere. The subject was again brought to the attention of the legal voters of Newbury at a meeting held May 9, 1 808 ; and a committee was appointed to prepare and present a petition to the General Court for such amendments or modifications of the law as were necessary to give, to the inhabitants of the town " liberty to attend publick worship where they please."* But the liberty asked for was not obtained until the third article of the declaration of rights estabhshed by the con stitution of the state was amended in 1833.! INOCULATING HOSPITAL. At the beginning of the Revolutionary war the inhabitants of Newbury were greatly alarmed by the prevalence of small pox. The art or practice of vaccination was then unknown ; but many persons were voluntarily inoculated with the disease in its most virulent form, in order that its ravages might be mitigated under the care and attention of experienced physicians. * Town of Newbury Records. t " Ould Newbury," p. sr7. 292 HISTORY OF NEWBURY It is evident, however, that the legal voters of the town were opposed to the unrestricted and unguarded use of that privilege. November 26, 1773, they appointed a committee of five persons " to take such measures as may be necessary to prevent Inoculation of the small pox at the house of Capt Moses Little, or elsewhere in the town." * July 9, 1776, the General Court passed "an act Im- powering the Justices of the Court of General Sessions of the Peace in the Several Counties in this Colony to permit one or raore Inoculating Hospitals to be erected in each of Said Counties." April 11, 1777, this act was amended, and some iraportant regulations and restrictions added.! March 10, 1777-8, the town of Newbury voted to petition the General Court for liberty to provide a suitable place within the limits of the town "for inoculation for small pox."* This vote was subsequently reconsidered, but after a delay of some weeks was again passed and again reconsidered. In the mean while the Court of General Sessions for the county of Essex authorized the erection of an inoculating hospital on Kent's island ; and Stephen Cross and other citi zens of Newbury and Newburyport united in a petition to the General Court, asking that the directors of the hospital raight be allowed to retain possession of the property and raanage its affairs without interference. April II, 1778, the General Court adopted a series of reso lutions, in substance as follows : — Moses Frazier, Samuel Tufts, Jonathan Marsh, Ebenezer March, John Pearson, Junior, Joseph Stanwood and Paul Lunt, appointed by the last Court of the General Sessions of the Peace holden for the County of Essex, as Directors of an inoculating Hospital then aUowed by said Court of Sessions to be erected and established on Kent's Island in the town of Newbury, are hereby permitted to continue said Hospital, they to be Directors till the further order of the General Court: And as the Inhabitants of the Town of Newbury Port join in the e.xpense of erecting and furnishing said Hospital, [It is] further resolved, that no preference be given to the Inhabitants of the Town of Newbury but that the Inhabitants of the Town of Newbury Port have equal right to admission into said Hospital \vith the Inhabitants of the Town of Newbury &c &c. % *To\vn of Newbury Records. t Province Laws, vol. v., pp. 554, 633. t Massachusetts Archives (Court Records), vol. xxxviii., p. 429. THE SETTLEMENT AT MERRIMACK RIVER 293 Subsequently, the report that several persons had been in oculated for small-pox at the house of Mr. Josiah Little created considerable excitement ; and, June 8, 1778, a commit tee was chosen, and instructed to prosecute any person who had aided or assisted in communicating the disease at the time and in the manner designated. The committee was also directed to prosecute any doctor " that shall attend said persons or administer medicine to any of them contrary to law." * How long the hospital on Kent's island was used for the accommodation of patients who desired to be inoculated with small-pox is uncertain. On the twenty-second day of August, 1778, a petition was presented to the General Court, asking that the practice might be discontinued in Newbury. Ten or fifteen years later Newburyport built and main tained a hospital in the common pasture, where persons volun tarily inoculated with the virus of small-pox were allowed to remain, under the care of experienced physicians, until fully recovered. WOOLLEN FACTORY AT BYFIELD. In 1793, William Bartlet, Benjamin Greenleaf, and other Newbur)rport capitalists became interested in a plan, proposed by John and Arthur Schofield, two Englishmen who came to Newburyport that year, for manufacturing blankets and other woollen goods by machinery. January 29, 1794, Benjamin Greenleaf, Philip Aubin, Will iam Bartlet, Richard Bartlett, Offin Boardman, jr., Moses Brown, David Coffin, William Coombs, John Coombs, Mark Fitz, Abel Greenleaf, John Greenleaf, Andrew Frothingham, Michael Hodge, Nicholas Johnson, Nathaniel Knapp, Peter Le Breton, Joseph Moulton, Theophilus Parsons, Ebenezer Wheelwright, Edward Wigglesworth, and others were in corporated as " The Proprietors of the Newburyport Woolen Manufactory." ! As water power was needed to move the machinery, the proprietors by their agent purchased of Paul Moody, of New- * Town of Newbury Records. t Special Laws, State of Massachusetts, -Acts of 1794. 294 HISTORY OF NEWBURY bury, March 26, 1794, about six acres of land partly covered with water, on both sides of the Falls river, in Byfield parish, also a grist-mill on the premises, with all its pri'vileges, and there erected a factory suitable for manufacturing purposes.* The carding-machines used in the factory were made by the Schofield Brothers in Newburyport, and the other machinery by Messrs. Guppy & Armstrong, of the same town. It is said that the company was the first one incorporated for the manufacture of woollen goods in the United States. It was not successful, however, financially. In 1803, the original shareholders sold their stock to William Bartlet ; and in 1804 he sold the property to John Lees, an Englishman, who converted it into a factory for the manufacture of cotton cloth.! August 24, 1824, the property was sold at public auction to Gorham Parsons, of Brighton,:j: who conveyed it. May 29, 1826, to Paul Moody of Lowell. § April 16, 1832, the heirs of Paul Moody recon veyed the property to Gorham Parsons, || who leased it for a terra of seven years to William N. Cleave land, of Newbury, and Solomon Wildes, of Boston, " partners in trade and raanufacturers under the firra name of William N. Cleaveland & Co." ^ August 2, 1842, Mr. Parsons sold the factory to Theophilus Parsons, of Boston,** who conveyed it May 12, 1846, to Moses Emery Hale and others, of New- bur}"port.!! May 20, 1848, Francis V Noyes purchased the factory,^ J and subsequently leased it to Alfred Durant and to his brother. Rev. Henry Durant, who manufactured bedsteads and other household furniture there. It was destroyed by fire in 1859 ; and the land, "with several small buildings thereon," was sold to Daniel Lunt, of Newbury, March 3, i86o,§§ who con- * Essex Deeds, vol. civil., leaf 153. The land upon which this factory was erected was granted by the town of Newbury in 1636 to John Spencer and Richard Dummer to build a grist-mill upon. November 10, 1710, Nathaniel Dummer sold to William Moody, grandfather of Paul Moody, all his right, title, and interest '*in y* River in ye Township of Newbury called ye Falls River which was granted unto my Grandfather Mr Richard Dumer by ye sd Towne of New. bur}-,'' Avitli the land on which the saw-mill of Mr, Dummer then stood (Essex Deeds, vol. xxv., leaf [33). tIbid., book cbcKV., leaf 190. 4 Ibid., book ccxxxix., leaf 210. § Ibid., book ccbti., leaf 63. || Ibid., book cclxiv., leaf lar. TI Ibid., book cclxiii., leaf 190. •* Ibid., book cccxxxii., leaf 2S1. tt Ibid., book ccclxviii., leaf 106. 4+ Ibid., book cccxcviii., leaf 72. §§ Ibid., book dciii., leaf 257. THE SETTLEMENT AT MERRIMACK RIVER 295 veyed the property May 9, i860, to Leonard A. Morrison and Horatio M. Howard.* On the first day of June, 1863, the land, including the water privilege, etc., was transferred to Leonard Morrison, of Methuen, who rebuilt the factory and fitted it with machinery for the manufacture of cotton yam.! Leonard Morrison died April 26, 1875; and Leonard A. Morrison died previous to February 10, 1880. Amanda R. Savage, guardian of William H. Morrison and Ina B. Morrison, minors, " children of Leonard A. Morrison, late of Newbury," sold May 4, 1880, three undivided fourth parts, and Henry P. Chaplin and others, of Georgetown, sold one undivided fourth part of the factory at Byfield, including the mill privi leges and water power, to James A. C. Whittier and Hugh U. Ewing, of Boston. $ Mrs. Lizzie M. Adams, wife of George W. Adams, conveyed all her right, title, and interest in the property to Messrs. Whittier & Ewing, April 26, i88o.§ James A. C. Whittier sold his one undivided half of the land, buildings, water power, etc., to Hugh U. Ewing, of Boston, March 17, i886.|| C. A. E. Ewing and Hugh Ewing, copartners under the firm name of Hugh U. Ewing & Co., purchased the property July 9, 1892,^ and August 3, 1893, made an as signment, for the benefit of their creditors, to Henry A. Cow ing, trustee,** who sold the buildings, water privileges, etc., Deceraber 8, 1893, to Jacob F. Brown, of Brookline. The same day Mr. Brown gave a deed of the property to Sarauel Williams,!! who sold one undivided half December 25, 1894, to Alfred S. Williams. :j: J On the second day of July, 1897, Samuel and Alfred S. Williams conveyed all their right, title, and interest in the land and the buildings thereon to the By- field Woollen Company, the present owners. §§ • Essex Deeds, book dcix., leaf 179. t Ibid., book dclii., leaf 99. } Ibid., book mxxxvii., leaves 3 and 4. § Ibid,, book mxxxv., leaf 261. II Ibid., book mclxix., leaf 234. T Ibid., book mcccxlix., p. i. ** Ibid., book mccdxxxv., p. 501. ttlbid., book mcccxcvii., p. 37. tt Ibid., book mccccxlix., p. 367. §§Ibid., book mdiv., p. 133. 296 HISTORY OF NEWBURY SALT 'WORKS. The tax imposed by Parliament in 1 767 on paper, glass, tea, and other articles of merchandise imported into the province of Massachusetts was regarded as burdensome and unjust. Septeraber 19, 1768, the legal voters of Newburyport elected Benjarain Greenleaf delegate to a convention to be held in Boston for consultation and conference in regard to the meas ures that should be adopted to stop the importation of mer chandise from England.* The merchants and traders of Newbury and Newburyport were in the habit of importing large quantities of salt from Great Britain at that date. In order to promote and encourage its manufacture and proride an adequate supply for home con- suraption, the inhabitants of Newburyport, imraediately after the election of Benjarain Greenleaf at the town meeting held September nineteenth, "Voted to exempt Capt James Hud son from the pajnnent of Town, County and Province taxes for 1767 and 1768, in answer to his petition, for encourage ment to go on with his salt works." * At a raeeting of the inhabitants of Newbury, held on the fourteenth day of March, 1768-9, a petition frora Capt. James Hudson was presented, asking for a loan of one hundred pounds for two or three years. The amount of the loan and the time fixed for its repayment were discussed at some length, and aroused some opposition ; but at the close of the debate it was unanimously voted, " that the town will let out to Cap' James Hudson a certain sum of money to Enable him to Carry on his salt works." ! September 4, 1769, the town of Newburyport voted to ap prove the agreement made with the merchants and traders of Boston in regard to the importation of goods from Great Britain ; and September 1 9, 1 769, the town of Newbury voted to give Capt. James Hudson, of Newburyport, the sura of twenty pounds to enable him to carry on and complete his salt works.! Eight pounds were also appropriated by the town of Ipswich " to assist Jaraes Hudson to carry on the salt works he has lately erected." % *Town of Newburj-port Records, p. 125. t Town of Newbury Records. + Felt's History of Ipswich, p. 9S. THE SETTLEMENT AT MERRIMACK RIVER 297 The manufacture of salt at that date was a slow and difficult process. Sea water was evaporated by means of large boil ers, under which fires were kept burning night and day. After the close of the Revolutionary war improved methods of making salt were introduced. Water-tight vats, twenty feet square and ten or twelve inches deep, were so arranged that water could be pumped from the ocean by means of a windmill into the first vat, and then conducted, after suffi cient exposure to the heat of the sun, to a second vat, and then to a third and fourth, until a strong brine was formed and crystals of salt appeared. In 1830, a Frenchman by the name of Gilshenon, with a few Newbury and Ipswich men who were interested with him, comraenced the manufacture of salt at the southerly end of Plum island. He bought two hundred and fifty acres of land, laid out and dug a canal about one-third of a mile long, eight feet wide, and ten feet deep, which he connected with twenty-eight vats that were supplied with water pumped frora the canal by raeans of windmills. He constructed also an overshot wheel, fifteen feet in diameter and five or six feet in width, which vras made to revolve by the strong and vigorous efforts of a large bull, walking in treadmill fashion, within the wheel, which was suspended in an upright position from a heavy wooden frame. On the outer rim of this revolving wheel shallow buckets were attached that lifted the water from the canal into the vats on calm, still days, when the wind mills were unable to do the work.* The business was not a financial success ; and the property, consisting of eighty acres of upland, one hundred and seventy- five acres of salt marsh, two dwelling-houses, two barns, " with a dam across a creek running through the place by means of which with but little expense a good water power may be ob tained," " also six wind mills with pumps and apparatus entire," was advertised February 20, 1832, to be sold by George W. Heard, of Ipswich. It was probably purchased by Francis J. Oliver, of Boston, who conveyed it September 22, 1834, to Daniel Dole, of Ipswich.! * Historical Address by Mr. Philip D. Adaras (Newburyport Daily News), October 26, 1900. t Essex Deeds, book cclxxviii., leaf 62. 298 HISTORY OF NEWBURY MANUFACTURE OF NAILS AND BRADS. The manufacture of cut nails and brads was begvin in New bury in 1795. Jacob Perkins, son of Matthew and Jane (Dole) Perkins, of Newburyport, was the inventor of a machine for cutting and heading nails, for which he was granted a patent January 16, 1795. He became acquainted with Sarauel Guppy, of New York, and John Warren Arm strong, of Boston ; and with their aid and assistance he pro duced at Byfield the first nails that were cut and headed at one operation, in America.* In the Impartial Herald, November 24, 1795, the propri etors, " Messrs Guppy & Armstrong and Jacob Perkins, in ventor," announce that they have three machines in opera tion "at Byfield six miles from Newburyport," and will have a supply of brads and nails for sale \vithin two weeks, " much superior and twent}' per cent cheaper than imported nails." On the day that this announcement was made in the Herald, Ebenezer Stocker, Abrahara Wheelwright, and Eben ezer Wheelwright, directors of the Newburyport Woollen Manufactory, conveyed to Jacob Perkins a lot of land with a corn-mill thereon in Amesbury, " Commonly called Waits Mill." ! The power needed for driving the nail machinery was secured by the purchase of this mill, then standing on the south bank of the Powow river ; and early in the spring of 1 796 the manufacture of nails in Byfield was discontinued, and the machinery removed to the mill or factory in Amesbury. ALMSHOUSE. April 4, 1808, the town of Newbury voted to purchase the house, barn, and about seventeen acres of land, formerly owned and occupied by Rev. Matthias Plant, at or near the corner of the road leading to Amesbury ferry and the way to Essex Merrimack bridge, now Spofford street, Newburyport. This propert}' was placed under the care of the overseers of • The Essex .Antiquarian, vol. ii., pp. 69-74. t Essex Deeds, vol. clxiv., leaf 95. THE SETTLEMENT AT MERRIMACK RIVER 299 the poor, and for many years was made serviceable and useful as an almshouse and town farm.* At a meeting held March 17, 1828, the legal voters of the town authorized the purchase of a farm in Byfield, owned by Enoch Moody, " containing two hundred acres of land more or less with the buildings thereon," to be placed under the care and control of the overseers of the poor ; and April 7, 1828, they ordered that all persons receiving aid from the town should be removed to the town farm, and that all the stock and agricultural implements needed to carry it on suc cessfully should be provided forthwith.! On the sixteenth day of May, 1829, "the former Poor Establishment owned by the town of Newbury and known by the name of the Plant Place" was sold to Elias Jackman;! and after that date all persons dependent upon the town for assistance were supplied with food and shelter at the farra in Byfield parish. February 2, 1852, the inhabitants of Newbury voted to sell the town farra (at Byfield), and appointed a coraraittee to make the necessary arrangements and attend to the sale of the property. § March 29, 1852, the overseers of the poor were authorized, " in case the town farm is not speedily sold, to lease the same for the ensuing year." § April 30, 1852, Daniel Lunt, treasurer of the town of Newbury, conveyed to Calvin Noyes " about one hundred and eighty acres of land with all the buildings thereon, formerly owned by Enoch Moody" ; || and, February 7, 1874, a supplementary deed, con firming and perfecting the title from the town of Newbury to Calvin Noyes, was recorded.^ Since the sale of the almshouse and the farm at Byfield, all persons dependent upon the town for support have been pro- * Essex Deeds, vol. clxxxv., leaf 69. Anthony Davenport, of Newburyport, for two thousand dollars, sold, April 14, 180S, to Tliomas Hale, treasurer of the town of Newbury, in trust for said town, about fifteen acres of land, with dwelling-house and other buildings thereon, bounded as fol lows : beginmng on the westerly comer of the road leading from the road to Amesbury ferry to Deer Island bridge, thence northwesterly by the road leading to Amesbury ferry, thence northeasterly by land of David Jackman and others, thence southeasterly by land of Joseph Jackman, thence southwesterly by the road first named, to the bounds begun at tTown of Newbury Records ; also, Essex Deeds, vol. ccxlviii., leaf 107. + Essex Deeds, vol. cclviii., leaf 96. §Town of Newbury Records. II Essex Deeds, book dclxv., leaf 25. IT Ibid., book dcccxlvii., leaf 181. 300 HISTORY OF NEWBURY vided for in private families by the payment of a fixed sum for board and clothing. THE INCORPORATION OF THE TOWN OF 'WEST NEWBURY. As early as March 30, 1777-8, a petition was presented to the town of Newbury, asking that all the territory on the westerly side of Artichoke river to the Bradford line might be set off and made a separate township. begining at the mouth of Artichoak river running southerly by said river to Litties meadow and from thence on a straight line to the bridge in the road near John & Stephen Browns, and from the bridge by the brook to the South 'Way, then running by the northerly side of the South Way to Johnsons corner, so called, and from thence on a straight line to a white oak marked tree, tiie bounds bet\veen Newbm-y, Rowley & Bradford, and from thence on Bradford line to Merrimack river and by Merrimack river to the mouth of the Artichoak river, tiie bound first mentioned.* The prayer of the petitioners was at first favored by a ma jority of the legal voters of the town ; but, after further con sideration, the subject was indefinitely postponed. February 19, 1 79 3-4, a committee was chosen to see what terras and conditions could be made, " provided the inhab itants of Newbury agree to set off the three northwesterly parishes," and petition the General Court, at its ne.xt session, to incorporate the said parishes as a separate and distinct town. On the seventh day of April, Col. Samuel Gerrish, Stephen Hodge, Esq., and Mr. Stephen Bro\vn were author ized and instructed to prepare and present a petition asking the General Court to consent to the incorporation of the new town. This action, however, was reconsidered on the twenty- third day of April ; and on the fifth day of June another at tempt to set off and organize a new town " on the northerly side of a line begining on the Merrimack river and running by a way, now known as Oakland street (at that time the divid ing line between Newbury and Newburjrport) , to a marked stone in coramon pasture, thence in a westerly direction to the *Town of Newbury Records, (1731-85) p. 374. THE SETTLEMENT AT MERRIMACK RIVER 301 Bradford line, and by said line to the Merrimack river, and thence easterly by said river to the bounds first named," was defeated by a vote of 216 opposed to 145 in favor of the measure.* No further action was taken until June 11, 1818, when the inhabitants of Newbury were again asked to give their consent to a division of the town on substantially the same lines as had been previously proposed ; but the opponents of the meas ure, after a long and fierce struggle, were able to defeat it.* A few months later, however, Samuel Woodman and others presented a petition to the General Court, asking that all the territory between the mouth of the Artichoke river and the Bradford line, within the limits of the Second and Third (for merly the Fourth) parishes, might be set off and incorporated as a separate town; and November 2, 18 18, at a meeting of the legal voters of Newbury, the representatives of the town were instructed to oppose the petition, and prevent, if possible, any further consideration of the subject.* Although active and vigorous measures were adopted to counteract the earnest and determined efforts of the petition ers, the General Court, after a prolonged hearing, passed Feb ruary 18, 1 8 19, " An act to incorporate the town of Parsons " ; ! and March 9, 1 8 1 9, the legal voters of Newbury elected Jo siah Little, Esq., Silas Little, Esq., Moses Little, Esq., Jacob Gerrish, Esq., and Mr. Eben Pearson a committee to adjust the debts and make a settlement with any committee that may be appointed by the inhabitants of the town of Parsons.* Subsequently, a change in the narae of the new town was made by an act of the General Court, passed June 14, 1820, providing that " the said town shall hereafter be called and known by the name of West Newbury." % * Town of Newbury Records. t This act is printed in full on p. 1863, vol. ii.. History of Essex County, J. W. Lewis & Co., publishers. 4 History of Essex County, J. W. Lewis & Co., publishers, vol. ii., p. 1S64. 302 HISTORY OF NEWBURY WATER SUPPLY FOR MANUFACTURING PURPOSES. In 1844, the James Steam Mill, for the manufacture of cotton goods, was erected in Newburyport. During the following year. Gen. Charles. T. James, Charles J. Brockway, Esq., and other prominent citizens petitioned the General Court for an act of incorporation to enable them to erect and maintain a bleachery in the town of Newbury, and also to provide an adequate supply of water for manufacturing and domestic purposes. The original plan of the petitioners contemplated the erec tion of a bleachery at Bartlett springs and the laying of pipes through the streets of Newbury and Newburyport for the purpose of supplying both towns with pure water. A committee, appointed by the inhabitants of Newburyport to examine the plan and make such suggestions and recom mendations as they considered advisable, reported in favor of granting the prayer of the petitioners ; and February 1 3, 1846, the town voted to give its consent to the incorporation of the company by the General Court. The estiraated cost of the bleachery and water-works, however, rendered some modifica tion of the plan necessary ; and after further consideration a new source of supply was agreed upon, and incorporated in the act passed March 7, 1846. At a town raeeting held February 13, 1846, the inhabitants of Newbury voted to favor the prayer of the petitioners, and, also, voted to allow the corapany, when organized, to lay water pipes, under certain restrictions, through the principal streets of the town.* On the seventh day of March, 1846, the General Court passed an act incorporating "The Newbury Spring Bleaching Company " ; ! and the town of Newbury voted, August i, 1846, "to grant the Jaraes Steara Mill Company the privilege of laying a water pipe along High street, from the head of State street to Federal street, upon condition that the town have the right to put in fire plugs, at its own expense, in such places as it may think proper." * Land on the southwesterly side of Oak Hill cemetery, *Toun of Newbury Records. t .^cts and Resolves for 1S46, chap. 85. THE SETTLEMENT AT MERRIMACK RIVER 303 with a small pond adjoining, was purchased, a pumping station erected, and water for extinguishing fires and for manufactur ing purposes was conveyed in pipes down the turnpike, now State street, Newburyport, to High street, thence to Federal street, down Federal to "Ann, now Atwood street, thence through Purchase to Charles street, and thence to the James Steam Mill, Newburyport, now owned by the Peabody Manu facturing Company. Sixty-four hundred feet of iron pipe was laid, at a cost of ten thousand dollars, and the work com pleted previous to December i, 1846.* Subsequently, the pipe at the corner of Ann and Federal streets, Newburyport, was connected with the property now owned by the Peabody Manufacturing Company, on Federal street, forraerly known as the Globe Steara Mills. ANNEXATION OF A PART OF NEWBURY TO NEW BURYPORT. Although the town of Newbury after the incorporation of Newburyport in 1764, and West Newbury in 18 19, was greatly reduced in population as well as in taxable property, repeated attempts were made to still further reduce the area and population of the town by many persons, residing within its limits, who were engaged in mercantile or commercial pur suits, and, therefore, not in full sympathy with the farmers, who practically controlled the administration of municipal affairs. Mr. Ebenezer Wheelwright and several other prorainent merchants of Newbury earnestly advocated the adoption of a plan that would, if accepted, take a narrow strip of land on the westerly side of High street, " with the dwelling-houses thereon," and make it a part of Newburyport. The subject was brought to the attention of the General Court ; and an order of notice was served on the inhabitants of Newbury, April 23, 1 82 1, to appear and make answer to the prayer of the petitioners. At a town meeting held on the twenty-sec ond day of May a committee was appointed to attend the •Newburyport Herald, December i, 1846, and January 26, 1847. 304 HISTORY OF NEWBURY hearing, and oppose any further division of the town.* The General Court, after a full and careful consideration of the subject, granted the petitioners "leave to withdraw." Seven years later the inhabitants of Belleville parish, forraerly the Fifth parish, desired to be set off and incorpo rated as a separate town ; and March 17, 1828, the legal voters of Newbury consented to the proposed plan of separation, and agreed to set off all the territory on the westerly and northwesterly side of a line beginning on Merrimack river, at or near the foot of North street, thence on the line of New buryport to the bound stone in the comraon pasture,, and thence on a straight line to 'West Newbury.* On the seventh day of April the selectraen were authorized to confer with the inhabitants of that part of Newbury included within the bounds and liraits of the proposed new town, and agree, if possible, upon the terras and conditions of separation.* The opponents of the plan, however, were active and per sistent in their efforts to defeat it. On the eighth of May, 1828, Mr. Ebenezer Wheelwright and others presented a peti tion asking that a part of Newbury, " Begining at the Bound Stone in the Coraraon Pasture, between the towns of New bury & Newburyport thence on a straight line to the most Eastwardly corner of West Newbury, thence on a straight line to Plumb Island Bridge, thence on the same straight line to the Sea, thence by the Sea and Merrimack River to the raost Eastwardly bound of Newburyport, thence by Newbury port line to the first Bound," * might be set off and annexed to Newburyport. The legal voters of the town declined to grant the prayer of the petitioners, and, December 15, 1828, \'oted to oppose the petition of Mr. Ebenezer Wheelwright at the General Court, and favor the petition of Mr. Henry Mer rill and other inhabitants of Belleville parish to be set off as a town by themselves.* The committee on towns, to whom both petitions had been referred, reported January twenty- ninth ; and February 5, 1829, their report was accepted, "granting the petitioners leave to withdraw." ! Three years later, another attempt was made to set off all *To\vn of Newbury Records. t Massachusetts Archives (Journal of the House of Representatives, vol. xlix.). THE SETTLEMENT AT MERRIMACK RIVER 305 the land on the easterly side of a line begining at the bound stone in the common pasture, and extending southeasterly to Plum island bridge, and thence to the sea. December 29, 1 83 1, the town of Newbury voted to favor the petition of Mr. John Wills and others, and also voted to give its consent to the separation asked for " on such terms and conditions as the General Court may establish." * On the fourth day of January following, the subject was again under consideration ; and a motion to choose a com mittee to attend the General Court and oppose the prayer of the petitioners was carried by a vote of 174 in favor to 152 against the measure.* April 9, 1832, John Merrill, Esq., Moses Little, Esq., and Daniel Adams, 3d, Esq., were ap pointed to defend the interests of the town and protest against any farther consideration of the petition of John Wills and others. February 11, 1832,* the General Court granted the petitioners " leave to withdraw." Noveraber 19, 1834, the town of Newbury was notified that Mr. Roger S. Howard and others had filed a petition praying that all persons residing within certain bounds and liraits naraed in said petition might be set off and annexed to the town of Newburyport. A committee was appointed to confer with the petitioners and induce them, if possible, to make some concessions in regard to the proposed division of the town.* This committee reported December 10, 1834, that the di\dsion lines asked for by the petitioners, though to some extent indefinite and uncertain, were substantially the same as those naraed in the petition of 1832. Instead of dividing the town, as requested, the committee recommended that Newbury and Newburyport should be again united; and a committee, consisting of John Merrill, Moses Little, John Chickering, Jacob Gerrish, and Daniel Plumer, was appointed to confer with the town of Newburyport and endeavor to brino- about the desired result.* The conference viras held, but the plan of reunion was defeated after an animated dis cussion by the legal voters of Newburyport. • Town of Newbury Records. 3o6 HISTORY OF NEWBURY A few years later another attempt was made by Ebenezer Wheelwright and others to induce the General Court to set off a portion of the town of Newbury to be annexed to the town of Newburyport. January 4, 1843, a committee was appointed to oppose the prayer of the petitioners.* After a prolonged hearing the subject was referred, February 28, 1843, to the next General Court. February 13, 1846, the petition of John Porter and others to the General Court, asking that Newbury and Newburyport might be made one town, was under consideration ; and the town of Newbury voted, 191 to 134, not to favor the plan proposed by the petitioners.* But on the twenty-third day of February a committee, consisting of Micajah Lunt, Daniel Plumer, Josiah Little, Daniel Noyes, Enoch Hale, Stuart Chase, and John Currier, jr., was chosen " to consider the expediency of uniting the towns of Newbury and Newbury port." This committee reported March 2, 1846, in favor of the measure; but the legal voters declined, by a vote of 176 to 235, to adopt the recoraraendation of the coraraittee. January 4, 1847, the town of Newbury voted to consent, upon such conditions as the General Court raay impose, to the passage of an act providing that the territory and in habitants within the following described lines raay be set off and anne.Kcd to the town of Newburyport, naraely : — Beginning at the line of Newburyport on the South 'Westerly side of High street near the Newburyport Turnpike, thence Southeasterly by the Southerly side of High street to a point opposite the head of South street ; thence in a direct line to the most Southerly bend in the Plum Island Turnpike and parallel therewith to the ocean; thence by the ocean and Merrimack River to the line of Newburyport.* Mr. Abner Keniston and others, having petitioned the General Court " to set off that part of the town called Belle ville," the inhabitants of Newbury voted, February 8, 1850, not to oppose the petition.* The General Court, however, de clined to grant the prayer of the petitioners ; and the follow ing year William Goodwin and others presented a similar request, and Moses Pettingell and others, in behalf of the in- ** Town of Newbury Records. THE SETTLEMENT AT MERRIMACK RIVER 307 habitants residing between South (now Bromfield street) and Marlborough streets, asked to be annexed to Newburyport. March 11, 1851, the town agreed to favor the passage of an act by the General Court providing for the annexation of a portion of Newbury to Newburyport, and voted to appoint a committee to adjust the line of separation and make arrange ments for an equitable division of the town property. The bounds and limits agreed upon included all the territory on the westerly side of Newburyport to the Artichoke river, and a large tract on the easterly side, extending to the light- keeper's house on Plum island. These bounds are given in detail in the first section of " An Act to Annex a Part of the Town of Newbury to the town of Newburyport," approved by his Excellency George S. Boutwell, governor of the commonwealth of Massachusetts, April 17, 1 8 5 1 .* Since that date there has begn no change in the territorial bounds and limits of the tovim of Newbury. The northern boundary line runs from the point marked A, on the Map, on the next page, to B; thence to C, D, E, F, and G. The dividing line between Newbury and Georgetown runs from G to H, and the Hne betAveen Newbury and Rowley from H to I, and thence to the point marked J on Plum island. SILVER MINES. In 1874, traces of silver ore were found in a few scattered rocks lying on the surface of a pasture owned by Mr. Rich ard Jaques, in the vicinity of the "Birchen meadow," not more than one hundred and fifty or two hundred rods in a southeasterly direction from the oak-tree now standing in the " Gerrish pasture," to which reference is made on page 1 30. The mineral deposits of that neighborhood were carefully analyzed, and in 1875 "The Chipman Silver Mining Com pany " was organized to make further explorations and devise ways and means for a thorough and systematic development of the property.! •Acts and Resolves for 1S51, chap. 54. t Newburyport Herald, May 27, 1S75. THE SETTLEMENT AT MERRIMACK RIVER 309 Workshops were erected, steam drills and pumping ma chinery provided, and a shaft forty feet deep was sunk through solid rock, exposing, according to the report of experts, rich veins of lead and silver. Excavations in other parts of the town were made vrith gratifying results. Land that had been almost worthless was eagerly bought or bonded at fabulous prices. The excitement reached its height when the schooner " Nadab " was chartered to take a cargo of ore to New York to be smelted and assayed. June 2, 1875, the last few loads needed to make up the cargo, on the way from the mines, were met at the junction of Auburn and Pond streets in Newburyport, and escorted down State street to Commercial wharf by a procession of citizens carrying flags and banners, accompanied by a military band playing the popular airs of the day. The reports received several months later from this cargo of ore were somewhat conflicting and discouraging ; but the directors of the mining company were hopeful, and continued operations with more or less activity during the following season. The business, however, was found to be unprofitable ; and work at the mines was temporarily suspended. At inter vals during the next two or three years attempts were made by the introduction of new machinery to increase the produc tion of crude ore, and reduce the cost of taking it from the mines; but the results were not satisfactory. In 1880, the raachinery was sold, and the atterapt to establish silver raining in Newbury was abandoned. ANNIVERSARY CELEBRATIONS. The first centennial anniversary of the settlera.ent of New bury was, according to tradition, " duly noticed in the front yard of Colonel Joseph Coffin's house," in 1735. The second centennial was celebrated May 26, 1835. Public exercises were held in the meeting-house of the First Religious Society on Pleasant street, Newburyport ; and dinner was served in a temporary pavilion erected on land near the Newbury town-house, now included within the 310 HISTORY OF NEWBURY limits of Oak Hill cemetery, Newburyport. Interesting and eloquent speeches, appropriate to the occasion, were made by Hon. Edward Everett, Hon. Robert C. Winthrop, Hon. Caleb Cushing, Hon. George Lunt, and other distinguished guests who were present. On the tenth day of June, 1885, the two hundred and fiftieth anniversary was celebrated, under the direction of the Historical Society of "Ould Newbury," in city hall, New buryport. A chorus of raale and female voices, led by Mr. Norman McLeod, accompanied by an orchestra of skilled musicians, rendered several appropriate selections. An original ode by Mrs. Louisa P. Hopkins was read ; and Rev. Samuel Colcord Bartlett, president of Dartmouth College, delivered an able historical address. At the close of the exercises in the hall, dinner was pro vided for over one thousand guests in a spacious tent erected on \-acant land on High street, near the head of Bromfield street, Newburyport. Brief after-dinner speeches from men prominent in the social or political life of " Ould Newbury" occupied the time and attention of the assembled company until seven o'clock p.m. In the evening a reception or levee was held at the city hall where many citizens frora Newbury and the neighboring towns gathered to listen to the rausic of a small but well- trained orchestra, to greet old friends and acquaintances, and to exaraine the large and valuable collection of paintings loaned for that occasion and hung for that day and evening on the walls of the coramon council chamber. * • Report of the Celebration of tlie Two Hundred and Fiftieth Anniversary of the settlement of Newbur^-. published in 1885. CHAPTER VI. CHURCHES AND PASTORS. Tradition asserts that Rev. Thomas Parker preached his first sermon in Newbury under the branches of an oak- tree that stood on the north bank of the Quascacunquen (Parker) river ; that a covenant to walk together according to the precepts of the gospel, in brotherly love, was agreed upon at the close of the sermon ; that Rev. Mr. Parker was chosen pastor, and that other church officers were then elected, " ye merabers expressinge their voats therein by lifting up the hande." * Thoraas Parker was the only son of Rev. Robert Parker, an eminent clergjmrian of Wiltshire, England. He came to Boston in 1634, in the ship "Mary and John," with his cousins Nicholas Noyes and Rev. James Noyes.! During the follow ing winter he was at Agawam, now Ips%rich, Mass., and organ ized a company there for the settlement of Newbury, on the Ouascacunquen river, to which place he removed with a few personal friends and acquaintances in the spring .of 1635. J Rev. James Noyes, assistant pastor, or teacher, of the church, was the son of Rev. William Noyes, who married Anne, sister of Rev. Robert Parker.§ He came to America in 1634 with his wife, Sarah Brown, eldest daughter of Joseph Brown, of Southampton, in the same ship vrith his cousin Rev. Thomas Parker. He preached for a year at Watertown, and came to Newbury in 1635. •Coffin's History of Newbury, p. 17. t New England Historical and Genealogical Register, vol. be., p. 267. 4 " At this general court [May, 1635] some of the chief of Ipswich desired leave to remove to Quascacunquen to begin a town there, which was granted them, and it was named Newberry." (Winthrop's History of New England, edition 1853, vol. i., p. 191.) § Mather's " Magnalia," edirion 1853, vol. i., p. 4S1. The statement that Rev. William Noyes married Aime Stephens, daughter of Nicholas Stephens, printed on page 165, "Ould Newbury," is probably incorrect. Nicholas Noyes, who came with his brother, Rev. James Noyes, to Boston in 1634, evidently retumed to England in 1638, and came again to A merica the next year, bringing Anthony Som erby with him (New England Historical and Genealogical Register, vol. xxxii., p. 411) . (3'i) The Temple meafured : A brief Survey ofthe temple myjiical, which is the Inftiturrd CHURCH of CHRIST. Wherein are fclidly md modcftly difcuffed, Moft of the maceyial Queftions touching the Conftirution and Government of the Vifiblc Church Militant here on Earth. Together with The fohition of all forts of Objections which are ufually framed againft ihe Model and PUtform of Ecclefi aftical Polity, which is he'lre afTerted and maintaiaed. In particular here are debated. The points of fb much Controveific, touching the Unity of the Church, The Members of the Chnrch, The Form of the Church, and Church Coiienaor, The Power of the Church, The Officers of che Churchy and their Power in Church- Government , The Power of Magiftrates about rhe Church,and fome Church A&St as Admiilion of Members, and other things fet down in the Table before the Book. By James Noyes Teacher of the Church at Neveber-f in New England. L O N "D 0 N^ Printed for E o m h n d P « x t o n, and are to be fold at his Shop in Pittli chain , oter againft the Cafttc Tavern neer ta the Du&ots Commons, i 6 4 /> CHURCHES AND PASTORS 313 He was a strong and vigorous supporter of ecclesiastical rights and privileges, and published "The Temple Meas ured," a book devoted mainly to the discussion of questions relating to church government. From a copy of this book, now in the Boston Public Library, a photograph of the title- page is here reproduced. As a specimen of typographical art connected with the early history of Newbury, it cannot fail to interest the reader. The first meeting-house in Newbury was probably erected on or near the three acres of land afterwards sold to John Emery, from which twenty rods were reserved " for a burying place as it is bounded with stakes with a way to it from the street." * The church was composed of earnest and devout men and women, who were evidently more liberal in their views of church fellowship and discipline than the inhabitants of other towns in the colony of Massachusetts Bay. Thomas Lech ford, "an attorney and solicitor of Clements Inne, in the county of Middlesex, England," after a residence of three or four years in Boston, Mass., wrote and published in London, in 1642, "Plain Dealing or Newes from New England," in which he says : "Of late some Churches are of opinion that any may be admitted to Church fellowship, that are not ex tremely ignorant or scandalous : but this they are not very forward to practice except at Nezubeny!' In 1643, there was an assembly of all the churches of the colony at Cambridge. " The principal occasion was because some of the elders went about to set up some things ||accord- ingll to the presbytery, as of Newbur}-, etc. The assembly concluded against some parts of the presbyterial way, and the Newbury ministers took time to consider the arguments, etc." t In all essential particulars, however, the inhabitants of Newbury conformed to the order of public worship estab lished at Boston and elsewhere, except that for many years they assembled at the beating of a drum or the raising of a flag instead of the " wringing of a bell." •" Ould Newbury," pp. i5 and 24. t Winthrop's History of New England, edition iSsj, vol. ii., p. 165. 314 HISTORY OF NEWBURY Everv Sabbath or Lords day, they come together at Boston, by wringin" of a bell, about nine of the clock or before. The Pastor beoins with solemn prayer continuing about a quarter of an houre. The Teacher dien readeth and expoundeth a Chapter : Then a Psalm is suno-, which ever one of the ruling' Elders dictates. After that the Pastor preacheth a Sermon, and sometimes ex te7npore exhorts. Then the Teacher concludes with prayer, and a blessing. Once a moneth is a Sacrament of the Lords Supper, whereof notice is given usually a fortnight before, and then all others departing save the Church, which is a great deale less in number than those that ifoe away, they receive the Sacrament, the Ministers and ruling Elders .sitting at the Table, the rest in their seats, or upon forms : . . . Then a Psalme is sung, and with a short blessing the congregation is dis missed. . . About two in the afternoone, they repaire to the meeting house againe : and dien the Pastor begins, as before noone, and a Psalme being sung, the Teacher makes a Sermon. He was wont, when I came first, to reade and e.xpound a Chapter also before his Sermon in the afternoon. After and before his Sermon, he prayeth.* Then came the baptism of children and the gathering of money or goods for the maintenance of the minister or the support of the poor of the church, " one of the Deacons saying. Brethren of the congregation, now there is time for contribution, wherefore as God hath prospered you, so freely offer." This done, then follows admission of members, or hearing matters of offence, or other things, sometimes till it be very late. If they have time, after this, is sung a Psalme, and then the Pastor concludeth with a Prayer and a blessing.f The removal of the inhabitants of Newbury from Parker river to the "new town" on Merrimack river led to a pro longed discussion in regard to the removal of the meeting house. It was ordered to be taken down and a new one set up on or before the twentieth day of October, 1647, "in or upon a knowle of upland by Abraham Toppans bame." % The land upon which this second house of worship stood now forms a part of the burying-ground near the " trayneing green " in the First parish of Newbury. There were no pews on the floor of the house or in the gallery, but seats or *Lechford's " News from New England," pp. i6, iS. t Ibid., p. 19. X" Ould Newbury," p. 93. CHURCHES AND PASTORS benches were provided; and January 24, 165 1, th ordered " that every householder, both men and v sit in those seats that are appointed for them ( lives." September 21, 1654 it was ordered that. the Townes men select shall forthwith Examine & require an account of the money or goods that hath bin gathered to purchas a bell in whose hands it is & to make report to the towne.* May 14, 1658, a committee was appointed by the in habitants of Newbury to lay out to Mr. Woodman ten or twelve acres of marsh near Plum island, Mr. Woodman having agreed to pay for the same in boards or nails for the m eeting-house . * A more commodious building, dedicated to the public wor ship of God, was erected, early in the spring of 1661, on the southerly side of the old meeting-house, which was allowed to stand until the new one was completed. In June, seats were assigned to all the adult inhabitants of the town ac cording to their social rank and condition. Into this new meeting-house Lydia (Perkins) Wardwell, wife of Eliakim Wardwell, of Hampton, N.H., came naked to answer those who accused her of teaching false doctrines and separating herself from the church. For this offence she was ordered to be severely whipped and pay the cost and fees of the court at Salem, May 5, 1663.! A bell, probably purchased with the money gathered in 1654, served to call the inhabitants together on Sundays and lecture days. Elizabeth Webster was sentenced, in 1663, " to stand at the meeting house dore at Newbury the ne.xt lecture day from the ringing of the first bell until the minister be ready to begin prayer with a paper on her head, written in capital letters : for taking a false oath in COURT. " t December 25., 1665, Anthony Morse was employed to ring the bell and also " to see that the meeting house be cleane swept and the glasse of the windows be carefully lookt unto, if any should happen to be loosed with the wind, to be nailed * Town of Newbury Records. t See ante, chap, iii., p. 124. 3i6 HISTORY OF NEWBURY close again. . . For this service he shall have £},, for every year." * Rev. Thomas Parker officiated as pastor of the church, without an assistant or colleague, for six or seven years after the death of Rev. James Noyes in 1656. Rev. John Woodbridge, who came to New England in the ship " Mary and John," with his uncle, Rev. Thomas Parker, was clerk of the town of Newbury from 1635 to 1638. In 1639, he married Mercy, daughter of Thomas Dudley, gover nor of the colony of Massachusetts Bay. He studied for the ministry while a school-teacher in Boston and was ordained pastor of the church organized at Andover, October 24, 1645. He returned to England in 1647 with his wife and family, and remained there sixteen years.f In 1663, he came again to New England, and was elected assistant pastor of the church at Newbury, with a salary of thirty pounds for the first half-year. October 26, 1664, " the towne voted that Mr. Parker should have but si.xty pounds per year." This sum, however, was increased to eighty pounds a year, June 3, 1665 ; and the same day the annual salary of Rev. John Woodbridge was fixed at si.xty pounds.* At this time the inhabitants of Newbury were greatly dis turbed by questions relating to the government of the church and to the exercise of ecclesiastical authority by Rev. Mr. Parker. They manifested in various ways their disapproba tion of the doctrines taught by the pastor and his worthy col league. November i, 1665 It was voted whether Mr. Woodbridge should be chosen by papers to preach to the towne for one year. There were four votes in the aifirmative and thirty one blanks.* At die same meeting it was voted : that Mr. Woodbridg should have the last spring Rate and diat the Selectmen shall have power to make another Rate for this halfe yeare past of thirty pounds more.* It was also ordered that .Mr. Woodbridges Rates for the two years past shall be paid within two months after this day, and then the select- Town of Newbury Records. t His farm in Newbury was on the easterly side of "trayneing green." Capt. Benjamin Swett r\nd his brother.in-law Nathaniel Weare had a lease of this farm for seven years, frora 1655 to 1662. (See New England Historical and Genealogical Register, vol. vi., p. 50.) CHURCHES AN-D PASTORS 317 men shall go to Mr. Woodbridge and see who hath not paid, and such as are delinquent the select men shall have power to sumons them before the commissioners to recover it.* During the long controversy that divided the church into two nearly equal parties the salary of Rev. Thomas Parker vras regularly paid, but there was evidently a contest over the amount raised annually for the benefit of Rev. Mr. Woodbridge. April 25, 1666 It was voted that Mr. Parkers four score pounds by the yeare should be continued to be paid to him yearely. And M' Wood- bridge to have sixty pounds a yeare till the Towne take further order.* March 4, 1666-7 voted that M"" Woodbridge should have three score pounds for the yeare as he had formerly.* March 2, 1667-8 Mr Woodbridge was voted by counting man for man, called over, to have sixty pounds a yeare for his preaching.* May 21, 1670 It was voted that the order in the Towne booke that gives Mr Woodbridge three score pound a yeare for his preaching is made voyd.* At a meeting of the selectmen held February 4, 1667-8, the seats in the meeting-house were rearranged and assigned to the members of the church according to their social rank and condition. Daniel Lunt proposed for a seat for severall women [his wife and her sister Smith & John Kent, Jun. his wife . . . Peter Chenyes wife, John Lunts wife & John Poore, Jun. his wife] the Selectmen ordered that the 2 short seats neere [ ] should be for them to be made into one.* Dec. 3, 1668 the selectmen granted Liberty to Nathaniel Clarke, M"- Edward Woodman, Benjamin Lowle, John Kelly & John Kent, Jun. to build a pew for their wives at their own charg : in the meeting house from the east end of the South gallery to the pulpit to be & remaine to them & their heirs forever.* This pew was probably the first one built in the meeting house at Newbury, and ultimately led to the building of others under the supervision of the selectmen. Seats or benches, however, were in general use ; and new ones were occasionally provided for the accommodation of the inhabi tants of the town. February 25, 1668, Richard Dummer, * Town of Newbury Records. 3i8 HISTORY OF NEWBURY Jr., Thomas Woodbridge, and fifteen or eighteen other per sons were authorized by the selectmen to occupy certain specified seats, " provided that they do pay their equal shares & proportions for the building of them." * John Woolcott and Peter Toppan were presented to the court held at Ipswich, April 28, 1669, "for disorderly going and setting in a seat belonging to others " in the meeting house. For this offence they were admonished, and ordered to pay the costs of court. f February 21, 1669-70, the selectmen ordered "that a paire of staires be made in the porch to go up & downe into the gallery." * May 21, 1670, the inhabitants of the town voted to pro vide additional seats for the north and south galleries of the meeting-house ; and a committee was appointed to see that the work was promptly done. Notwithstanding the ecclesiastical difficulties that di\-ided the church at this time, the number of worshippers was con stantly increasing. September ig, 1670 it was voted that the selectmen should have liberty to place such as wanted seats in the meeting house & to procure a bason for the church & to order Thomas Turvill to his kinsmans, also to be helpful to the poor.* January 31, 1670-71, the selectmen authorized Caleb Mood}-, John Hale, Benjamin Rolfe, John Webster, Abel Somerby, Nathaniel Clarke, Percivall Lowle, Jonathan Woodman, Daniel Thurston, Benjamin Lowle, and John Swett to build at their own charge "a pew in the south east corner of the meeting house" to be assigned to them for the use of their wives and daughters.* The ecclesiastical difficulties and dissensions that disturbed the church for nearly twenty-five years culminated in an appeal to the county court in i66g and to the Great and General Court in 1671.I Mr. Edward Woodman \vas accused of publici)- denouncing Rev. John Woodbridge as a preacher ' Town of Newbury Records. t Ipswich Court Records, vol. ii., p. 94. + For a full and detailed account of this prolonged controversy see Coffin's History of New- bur\', pp. 72-112. CHURCHES AND PASTORS 319 retained in the church by craft and subtilty and Rev. Mr. Parker " as an apostate and backslider from the truth," who would set up a prelacy, and, though unsupported by a council of cardinals, would exercise more power than the pope. From the evidence presented to the court it appears that Mr. Woodman was interrupted in his speech, on the occasion referred to, by Capt. Gerrish, who made some reference to his gray hairs. Mr. Woodman in answer said, "Capt. Gerrish, my gray hairs will stand in any place where your bald head will stand." After a careful examination of the evidence submitted, the following decree was entered upon the records of the court : — March 30, 1669. Having heard the complaint prsented to this Court ags' Mr Edward Woodman do judge some passages relating to Mr Parker & M^ Wood- bridge to be faulse and scandalous and that concerneing Capt Gerish, rep'chfull, and p'voking and the whole gen^'iy offensive. And hath ther- fore ordered that the sayd M"" Woodman shall be seriously & solemnely admonished and enjoyned to make a publique Confession at the next publique Towne or church meeting at Newbury of his sinfull expres sions & just offence that he hath given or else to pay five pounds & to pay costs and fees. I dissent from this sentance Samuell Symonds And I dissent Wm Hathorne Wee conceive the law allows not liberty to the members of this Court to enter their dissent in this Case, being a criminal case, & not properly concerneing religion or any other qualifiecation mentioned in ye law Symond Bradstreet Daniell Denison. Mr Edward Woodman appealed from this Judgm' to the next court of Assistants at Boston He recognized in the sum of £10 with William Titcomb surety to prosecute his appeal and be of good behavior in meantime.* A council composed of delegates from eight or nine churches was held in Newbury, November 5, 1669, to consider the questions involved in this unfortunate controversy, and settle, if possible, the differences that threatened to disrupt the church. Some advice was given in a spirit of kindness and brotherly love, that seemed to allay the excitement tem- * Ipswich Court Records, vol. ii., p. 92. 320 HISTORY OF NEWBURY porarily; but the contest was renewed a few months later with increased vigor, and April 19, 1670, a second council assembled at the meeting-house in Newbury. After a pro longed hearing and careful deliberation, articles of agreement were drawn up and signed by Rev. Mr. Parker for hunself and his friends and supporters, " and by Mr. Edward Wood man and the brethren that were with him." These articles of agreement expressly declared "that the platform of discipline estabhshed by the general court" should be the rule or standard of the church at Newbury, and that all matters of controversy should be brought to the church for settlement.* It soon became evident, however, that the work of reconciliation was incomplete, and that the condition of affairs was very discouraging. Meetings called for the discussion of matters relating to church membership or discipline were exciting and boisterous. On one occasion Mr. Woodman and his friends " raised an hubbub, knocking, stamping, hemming, gaping to drown the reading" of charges preferred against them by their pastor. 7 A few months later the same persons, or a majority of them, having met together and chosen a moderator, proceeded to admonish Rev. Mr. Parker, " and to suspend him from the exercise of his office." % Thereupon complaint was entered in the court held at Ips wich in the month of April, 1671, accusing Mr. Edward \^'oodman, Mr. Richard Dummer, William Titcomb, Richard Bartlet, and others, to the number of forty-one in all, of dis orderly conduct, dishonoring the holy ordinances of the church, and speaking contemptuously and reproachfully of their pastor, Rev. Mr. Parker. § On the twenty-ninth da)- of May, 1671, the court found the defendants " guilty of very great misdemeanors, though in different degrees," and imposed a fine varying in amount from one noble (six shillings and elghtpence) to twenty nobles upon the persons named in the indictment, together with the charges of witnesses and the fees of court. Two da)-s later, however, the questions in dispute were brought to the attention of the General Court; and the *Cotfin"s Histury of Newbury, p. SS. t Ibid., p. 94. X Ibid., p. 99. § Ibid., p. 90. CHURCHES AND PASTORS 321 churches at Charlestown, Boston, Dedham, and Roxbury were ordered " to send their elders and messengers to the church at Newbury," and advise with the pastor and people there, " and make such suggestions as may be necessary to re-unite them in the bonds of brotherly love." * Rev. Thomas Parker and his friends were evidently op posed to the order of the General Court, which practically annulled the decision of the county court, and called a coun cil of the churches to meet at Newbury. In answer to an Address exhibited by the Reverend M"- Thomas Parker of the ch at Newbury referring to the act of the Councill sent by Sundry Chhs according to the appojmtment of the Hon^ General Court in May last, Sundry writings & pposals having been agitated and it appearing difficult to have a right understanding of the matter unless the parties concerned be admitted their lawful plea, This Council do not judge it expedient to exr't their pow to any present interposition therein, but do advise them to attend to councills of peace & therein to the submitting themselves one to another in the feare of ye Lord accord ing to ye practice of the congregational chh. here settled. past September 12, 1671.! The council assembled in due time ; and, after hearing the testimony of the elders and prominent members of the church, and making such inquiries and personal investigations as the circumstances of the case warranted, a report was agreed upon, and presented to the General Court, severely criticising Mr. Edward Woodman and his supporters, but at the same time declaring that his suspension from membership in the church was made in violation of the letter and spirit of the gospel, and, therefore, null and void. The report also re quested and advised Rev. Mr. Woodbridge " not to im pose himself or his ministry upon the church," nor obstruct the members in their choice of an assistant pastor, provided they observe "the gospel rule and approved church order." Preachers and hearers, although divided upon questions of doctrine and discipline, were exhorted "to walk according to the rule of faith, love and the order of the gospel," and to manifest " a mutual, hearty and free forgiveness of each other according to the rule of Christ." •Massachusetts Colony Records, vol. iv., part ii., p. 4S7 : Coffin's History of Newbury, p. loi ; Massachusetts Archives, vol. »., pp. 59,60. t Massachusetts Archives, vol. »., p. 107. 32 2 HISTORY OF NEWBURY May 15, 1672, the General Court accepted and adopted the report made by the council of churches, and ordered Edward Rawson, secretary of the colony, to notify the church at New bury, " pastor and people, preachers and hearers, however before divided," to conform to its requirements and heed its admonitions, if they would avoid further difficulties and com phcations.* This communication, although firm and resolute in tone, did not secure the unanimity expected ; and the General Court, October 23, 1672, appointed a committee, consisting of Mr. Thomas Danforth, Mr. William Stoughton, Dr. Leonard Hoar, Capt. Thomas Clarke, Mr. Joshua Moody, and others, to confer \vith the pastor and people at Newbury, and urge them to submit, with meekness and humiliation, one unto the other, " and in case there shall appear any refractoriness in any amongst them that the persons so sent cannot prevail with them that they then make return to the next court of election what they find and do therein." f Although no report of the conference has been discovered, some compromises and concessions were probably suggested by the committee, and promptly accepted by the church at Newbury. The questions in dispute were adjusted without further legislative action on the part of the General Court. Re\-. John Woodbridge did not probably retain his office as teacher in the church after the close of the year 1672. He still continued to reside in Newbury, however ; and June I, 1677, he was authorized by the General Court to take depo sitions and acknowledgment of deeds. Subsequently, he was appointed one of the associate magistrates for the county of Essex; and in 1683 he was elected "assistant" to the General Court, and by virtue of his office was qualified to. punish criminals and solemnize marriages. J He died March 17, 1695. * Massachusetts Colony Records, vol. iv., part, ii., pp. 521-524; also, Coffin's History of Newburj', pp. no, in. t Massncliusetts Colony Records, vol. iv., part ii., p. 549 ; also, Coffin's History of Newbury, p. \\z. X Mr. John Woodbridge, of Newbury, was granted by the General Court, October n, 1682, " the priviledge that other teaching elders have as to freedome from rates, so long as he shall be imployed in constant preaching.'* Massachusetts Colony Records, vol. v., p. 379. THE Vifions and Prophecies DANIEL EXPOUNDED: Wherein the Miftakes of Former INTER PRETERS are modeftly difcovered y and the true TQeaning of the Text made plain by the Words and Circumftances of ir. The fame alio illuftrated by clear Inftances taken out of Histories which relate the Events of time myftically foretold by the holy. Prophet. Amongft other things of Note, touching the TfP9Wit»fjfeSj the Nov ^crufaUm y the Thufandjeer.<^&cc. here is propounded a new Way for the finding out of the deter. minate time^ fignificd by Dani el in his Seventy weeks j when icdid begin, an4 when we are co expe& the end thereof. Very con(iderabIe,in refped of the great ftirs and tu- mules e£ this prefent Age wherein we live. By Thomae Fdrkir J fomchuie of Netvburj in Beri^-fhire , and now PaRor to the Church at Ne-aherj in Ne-tv-E»gla>td. Dan. 1 1.4. But thoujO Daniel./i5«f up the w»rds,andfeai the boo/^^ eum ttthe time tf the end: MaryfhaBnm toandfTO,andhffimUdgefbaIlbeeKreifed. Joh.f.;9. Search tbe Scriptures. iTheff.f.ai. Trne att things, hJ^fafi that which 34 good. iwiion. Printed toKEflSroimiPflWOT, and are to he toUhy Sathanaelff ebb and WJUiim Grmtham, .^ the Gtey-hound in PaJs Church-yard. 1 646. 324 HISTORY OF NEWBURY In January, 1672-3, Rev. John Richardson was employed to assist Rev. Mr. Parker in the ministry. He was the oldest son of Amos and Mary Richardson, of Stonington, Conn.* He was ordained " teacher to the church of Christ in Newbury " October 20, 1675, and pastor December 25, 1675.1 Rev. Thomas Parker died April 24, 1677. For several years previous to his death he was totally blind. Although old and infirm, he was able to prepare students for college, and taught them Latin, Greek, and Hebrew from memory. About a year and half before he died, that which he had long feared befel him, viz : the palsey in his tongue : and so he became speechless, and thus continued until his death : having this only help left him, that he could pronounce letters, but not syllables or words. He signified his mind by spelli7ig his words, which was indeed a tedious way, but yet a mercy so far to him and others.! During his life he published " The Visions and Prophecies of Daniel," and " A Letter to Mrs. Elizabeth Avery touch ing Sundry Opinions by her Professed and Maintained." He also wrote the dedication and introduction to a posthu mous work of Rev. James Noyes, entitled "Moses and Aaron, or the Rights of Church and State." The title-pages of these books, as well as a portion of the introduction to and dedication of Rev. Mr. Noyes' post humous work, "Moses and Aaron," are here reproduced from original copies now in the possession of the Boston Public Library. They reveal, in visible form and shape, something of the religious thought and life that prevailed in Newbury in the seventeenth century, and are especially in teresting and valuable to the student of local history. •History of New London, Caulkins, p. 302. t Newbury (First Parish) Records. X Mather's Magnalia (ed. 1853), vol. i., p. 486. m The Copy of a K __ — s«ai-. ILE T TERI m Written by gl ;^ Mr. T/:;ow^ T^r/f^r, if ;;| Piftor of the Church of Islewhury in It :^ NeW-En GLAND, ^^ •i^ TO K J| His Sifter, M" Elizabeth oJverj, eW '.rat rO.* var- ^^ Sometimes oi Newbury in che County ^^ ¦^1 • 1" T> * >e>i ¦'25 or B E R K s, Sts.s' ^;^ Touching ftndry m^ iO P I N I O N Sl 'l^ BY HER g;f ^'-^ ProfelTed and Maintained. SL e-vfV •£.^ ^^ sf 4^ London, Printed by f ohn Field fot SdmundTaxton, at ^t* 4^ Tate/s-Chain, over againft the ^.t/?/f Tavern, near M^ Novemh.iz. Jm^rimattir 16^9- John D o w n a m e , m- ^3. •^^ the 1)o£iors Commons, i <5 5 o. ^: '¦rs\ Mofes and Aaron: Or, The Rights of CHURCH and STATE; Containing two DISPUTATIONS The former concerning the Church , in which are examined the principles of Separation, and their inconfiftency-with truth and peace dcmonftratcfd ; and the Governmenc of che Church, vindicated into ths hinds of herprcper Rulen, The latter aflerts the facredneffe ofthe perfons and autho rity of Kings ai;ainft Sacrilegious irfurpation and King- .killing. By that judicious and faithful Minifter of Chrift, Mr. James notes, foni^edmes of iV^ wW/ in NE^y E N(j L'A NT>. Publifhed by Eenj. Woodbridge , Redlor of l^e-vebury in the County oi ^ E RK S., NuHlb,i5,5. And'they gathsred themfeli^s together againft^ Moles a»d agalaft Aaron, and faid unto them, Te takj too, much, ti^on jrait^ feeing all the Congregation are holy eiiery one of them r and the Lord is among thent : where fare then lift ye up ydur felves above the Cor^gregation of the Lord } Jude ver.i i. Perifhed in thi Qain-fapng of Coreh. X ONDO Ny Printed byT. J?, for Edmund Paxton^ In Pauls-chain^ over againft the Caftle Tavern, near Dolors Commops \6 6\. TO THE RE A DE R- Gentle Reader, HffH mayeU net expeB this work^Jhonld he fo perfeSi and exaSi^aj if the Author had been living to put it out himfelf. The original Copy alfo rvas lately loft in ajhipfonndredat Sea^and he wrote this Treatife ia the laft half year of his Ufe ) which was a time oj continual weal^nefs andftckaejfe ending in bit death. 1 did often prefs him long before to fet down his notions in writings but he was^iU averfe^ nntil the forefaid half year of his lafl continuance on earth. Noiwitftanding all thefe difcouragements, 1 thought it not meet to depri've thee ofthe ufe of this bis laft labour , be caufe I conceived it would he very ufeful for the prefent lime. ^ 3 328 HISTORY OF NEWBURY ******** The Author M"" fames Noyes (my worthy collegue in the ministry of the Gospel here) was a m,an of Sin gular qualifications, in piety excelling, an implacable enemy to all herisie and schism, and a most able war rior against the same. . . . I/e was couragious in danger and still was apt to believe the best, and m.ade faire weather in a storm. He was much honoured and esteemed in the Cotmtrey, and his death was much bewailed. I think he m,ay be reckoned am.ong the greatest worthies of this age. Upon the rising of our late 7isurpers, ajid the beheading of our most graciotts and most excellent King Charles the first, of blessed ¦memory, by a villanous stroke and under a wicked pre tence of fustice & 2ipon the defeating of our renowned King Charles the Second (whom God preserve) he fell into such a depth of sadness and sorrow of heart that it hastened his deatli as was believed. So he died in the ^.S"' ¦year of his age Octob. 22, 16^6. He left be hind him this posthume, imperfect and incompleat, which if he had lived he would have perfected with the addition of many rare and excellent notions, for the en lightning and discovery of truths Thine in the Lord Tho: Parker Pastor, though jinworthy, of the church in Newbury in N. E.* * Introduction to " Moses and Aaron," published in 1661. To the moft HIGH and MIGHTY PRINCE CHJ RLE S theCccond, by the Grace of God KING of great Britain, Ftance and Ire/and, Defender ofthe Faith, &e. No-ill as touching this luork that follo-cveth I have presumed to dedicate the same to your Royal Majesty, because the matter of It pertaineth to your consideration and because of the singu lar joy and hopes I have of your ascending into the Throne, and because the Author ¦was a special lover of your Royal Father {of blessed memory) and of your majesty, the fall of ¦whom stuck so close and neer unto him and ¦wrought in him so deep sorrozu and affliction, that it is thought to have been the pnncipal cause of liis death. Let your Majesties Gracious acceptation Countenance the ¦work. . . No^w the God of all Grace and Mercy, ¦who hath raised np your Majesty i7ito the Thivnc of Royal Government . . . con- fin^t and establish you upon your Throne, aiid cro-wn you ¦with g7-ace, prosperity a7id glo7y, tmto his ozvn cverlasti7ig praise, the beauty a7id e7ila7geme7it of the CJutrch a7td to the layi7ig a fou7idatio7i of higher advance77te7it of yourself i7i the future ¦wo7-ld tlia7i ca7i be he7'e expected. This is, a7td shall be the C07ista7it prayer of Your Majesties Most Loyal Serva7ii a/id Subject THOMAS PARKER. A 77ti7iister of tlie Gospel, tho7igh u/m'orthy, a7td Pastor to the Chu7'ch of Ne%vb7t7y ?'« Nciv E7igla/id. W7itte7i f7'077t Nezvbu7y i7t Ne^w E/igla/id Aiigust 6, l66o.* * Dedication of " Moses nnd Aaron." publislied in 1661. 330 HISTORY OF NEWBURY Rev. John Richardson came to Newbury, as previously stated, in 1673 ; but he was not ordained pastor until two years later. He was evidently an earnest and faithful preacher, and was successful in healing the dissensions that had disturbed the church for more than a quarter of a century. January 31, 1672-3, a committee,, consisting of "Capt Gerrish, Richard Dole & Ensigne Greenleaf," was chosen " to build a house for the ministry the same dimensions every way according as Nath : Clarkes house is with an addition of a porch," to be paid for by a town vote.* December 3, 1673, the committee above named was au thorized and directed to superintend " the building of Mr Richardsons house & to carry it on to the finishing of it & the selectmen were ordered to make a Rate for the building of it." * "March 2, 1673—4 It was voted that the finishing of the house for the ministry & the alteration of it is left to the selectmen," who were also ordered " to see that six acres of land be laid out for the ministry between Rich : Brownes pasture and Capt Gerrishes land," and also to buy glass and nails for the house.* December 6, 1674, Rev. John Richardson was admitted to membership in the church at Newbury ; f and March i , 1674-5, Nathaniel Clark and Henry Jaques were appointed a committee "to complete the ministry house" according to the plans agreed upon, and the selectmen were instructed to notif}- all persons owning carts or oxen, suitable for hauling lumber or stone, to bring them to the committee, with such other implements and tools as were needed or could be used in building a fence or wall about the house and the pasture adjoining.* At the same meeting (March i, 1674-5) it was voted that a salary of one hundred pounds should be paid Rev. John Richardson annually, each person to pay his proportion on or before the first day of November, " one half in merchantable • Town of Newbury Records. t Coffin's History' of Newbury, p. [15. CHURCHES AND PASTORS 33 1 barley at the malt houses of Daniel Pierce or Caleb Moody " and the other half in pork, wheat, butter, or Indian corn, to the satisfaction of Mr. Richardson.* May 7, 167s Daniel Peirce Senr Nath: Clarke & John Bartlet Senr were chosen to compleat the finishing & fencing of the ministry house.* In the summer of 1676 permission to build a new seat in the meeting-house, " in the south corner of the womens gallery," led to an exciting episode, which ultimately resulted in the indictment of Joshua Richardson, Caleb Richardson, and Edward Ordway " for breaking into the meeting house at Newbury, breaking of a pew and chairs &c." They were tried and convicted at the court held at Ipswich, March 27, 1677, and sentenced to be severely whipped or pay a fine of ten pounds with costs and fees, and also to give bonds for their future good behavior. Richard Carr, who was accused of being associated with them in the commission of this unlaw ful act, was found " not guilty," and discharged.! August 18, 1680, the selectmen ordered that Anthony Morse should every Sabbath day go or send his boy to Mr. Richardson and tell him when he is going to ring the last bell every meeting and for that service is to have ten shillings a year added to his former annuity.* Aug 29, 16S1 The selectmen agreed with James Mirricke to keep the meeting house & sweep it and Ring the bell twice every meeting accord ing to former custome in season, and to bring a bason of water to the meeting house when children are to be baptized, and to give notice to Mr Richardson when he goes to Ring the last bell every meeting both Sabath days & lecture days, and for this service the selectmen do engage in the behalfe of the Towne, that tbe said James Mirricke shall have yearly paid to him out of the Towne Rate the sum of three pounds & 10 shillings. And the said James .Mirrick is hereby engaged also to dig graves as occasion may be, for which he is to have three shillings for every man & womans Grave in the somer & when the frost is out of the Ground, but also in winter he is to have foure shillings for such graves &c &c.* At a town meeting held January 23, 1684-5, "Richard Bartlet not appearing, he being a deputy to the general *Town of Newbury Records. t Ipswich Court Records, vol. ii., p. 290; also. Coffin's History of Newbury, p. 119. 332 HISTORY OF NEWBURY court," Nicholas Noyes was chosen moderator, and the follow ing vote was then passed : — The towne taking into consideration the Lord hath bin pleased to disable our Reverend Teacher by fever & that he is not able to carry on the worke of the ministry at present. It was therefore voted that the towne will allow twenty shillings in pay every Sabbath to such as shall carry on the worke of the ministry During the time of Mr Richardsons sickness. And also desire the Deacons to take [ ] for such as may preach among us from one Sabbath to another untill god pro vide otherwise for our help.* During the followng summer the inhabitants at the west end of the town were exceedingly anxious to erect a house of worship in that neighborhood, and asked liberty to employ a suitable person to carrj' on the work of the ministry among them. This humble request, however, was not granted. Nevertheless, the petitioners proceeded to build, without per mission, a meeting-house in the vicinity of Sawyer's hill, and emplo}"ed Mr. Edward Thompson to preach there. A long and serious contest followed, which ultimately led to setting off part of the west end of the town as a separate parish.f Mr. John Clark was in\-ited to assist Rev. John Richardson in the discharge of his ministerial duties, and also to keep a grammar school at the west end of the town. He declined the invitation, and Rev. Christopher Toppan was asked to undertake the work. May 28, 1694, Mr. Toppan replied that he could not give an affirmative answer to the proposal sub mitted to him, but expressed his willingness " to help in the work of the ministry in Newbury for a year in order to fur ther settlement as Gods providence shall make way." * Rev. Mr. Richardson died April 27, 1696; and, on the fif teenth day of May following, the church invited Rev. Christo pher Toppan to take the entire charge of the parish. May twenty-fifth, the freeholders and inhabitants of the town voted to give him forty pounds a year in money and forty pounds a year in provision, so long as he carried on the whole work of the ministry among them.* In the month of July following, the town granted him two *Town of Newbur>- Records. t For the details of this prolonged controversy see pp. 349-356. , CHURCHES AND PASTORS 333 acres of land to be laid out in some convenient place near the meeting-house, "provided that he be ordained and settle in the town." * He accepted the office of pastor of the church, and was ordained September 9, 1696. For more than twenty years he occupied the parsonage built for Rev. Mr. Richardson, on Floyd's lane, now Hanover street, Newbury.f Services in the meeting-house on Sundays and lecture days were announced by the ringing of a bell ; but persons living at a distance were not satisfied with that way of calling the in habitants together, and the town voted, November 8, 1697, to authorize the selectmen " to procure a flagg for the meeting house to be put out at the ringing of the first bell and taken in when the last bell is rung." % In the month of July following, " the worshipf ull Coll Daniel Pierce, Esq. Cap' Thomas Noyes and Serj. Stephen Jaques " were chosen a committee to prepare plans and ascertain the probable cost of a new meeting-house.:^ December 2 1 , 1 698, an agreement was made with Sergt. Stephen Jaques to furnish the labor and materials for the new building, to be con structed according to plans and specifications submitted, for the sum of five hundred and thirty pounds : " Sixty foote in length & fifty foote in breadth and twenty foote in the stud, or post." February 8, 1698-9, it was voted to increase the length of the posts and studs to twenty-four feet, and to pay Sergt. Jaques not over twenty pounds additional for this extra work.§ December 18, 1699 Coll Dan' Peirce & Maf Thomas Noyes were by vote desired &. impowered to imploy y= Honrbl^ Capi Samuel Sewall of Boston, Esq. To procure a good and sufficient meeting hous Bell for the Towne of Newbury suitable for our Towne considering ye Remote ness of our dwellings. • Town of Newbury Records. t Rev. Christopher Toppan was bom December 15, 1671, and graduated at Harvard College in 1691. He was a son of Dr. Peter Toppan, of Newbury. July 17, 1718, he purchased of Nathaniel Clark seven and a half acres of land, with a dwelling-house thereon, now owned and occupied by Capt. Moses J. Milliken, Newburyport (Essex Deeds, book xxxvi., leaf 89). April 29, 1746, he sold to his grandson, Christopher Toppan, son of Edward Toppan, of Hampton, N.H., " land in New bury with the house I now dwell in, bounded westerly on the country road, easterly on New Lane, so called 4c." (Essex Deeds, book btxxvii., leaf 269). The country road, is now High street and New lane is now Allen street, Newburyport. X Town of Newbury Records, vol. iii., p. 48. § Ibid., p. 50. 334 HISTORY OF NEWBURY It was also voted y' a new pulpitt should be made for the new meet ing hous.* There was evidently some delay in procuring a new bell, and April 22, 1700, the town voted "y' Serj' Jaques shall forthwith hang the [old] meeting-house bell in the New Terrett." f August 21, 1700 voted j-« ye Selectmen are apoynted to desire and imploy Capt Jeremiah Dumer, of Boston, Esqr to procure a good meet ing hous Bell for the east pt of the Towne of Newbury of about 400 waite.f October 18, 1700 voted that CoU. Dan' Pierce, Esq. & Tristram Coffin, Esq. be impowered to procure a meeting house bell for the new meeting house of about four hundred waite.§ April 30, 1 701 voted that when the Eastpt of the Towne of Newbury shall be supplyed wth a new meeting house Bell, that then the present meeting house Bell shall be & remaine to be a schoole Bell & improved for yt use. II January 4, 1705-6 voted that the new BeU be hanged in the Terret of the meeting house & yt the selectmen se that it be done with all con venient speede, also to take care that the Bell be Rung at nine of the clock every night, and that the day of the month be every night toUed.lT October 18,1 700, a committee was appointed to assign seats in the new meeting-house to the freeholders and inhabitants of the town ; and the same day " It was also voted y' a pew be built for y^ ministers wife next y= pulpit stayrs, . also yt Coll Dan' Peirce, Esq. should have his first choyce of a pew & Maj"" Thomas Noyes, Esq shall have the next choyce for a pew." § In the month of November following, Henry Short, Henry Somerby, Tristram Coffin, Nathaniel Coffin, Capt. Edward Sargent, Dr. Humphre)- Bradstreet, and many others were granted liberty to build pews, at their own charge, for the accommodation of their wives and families ; and on the sixteenth day of December the committee appointed "to seat the meeting house " reported the names of three hun dred and thirteen persons, inhabitants of the First parish in Newbur)-, to whom they had assigned seats. The location of •Town of Newbury Records, vol. iii., p. 55. t Ibid., p. 58. tIbid., p. 62. § Ibid., p. 65. 1 Ibid., p. 77. Illbid., p. 120. CHURCHES AND PASTORS 335 these seats and the names of the persons assigned to them were entered in full upon the records of the town.* January 19, 1702-3, Ensign Jaques and Richard Kelly were appointed a committee " to build a convenient porch to the west dore of the meeting hous heere at the east p' of Newbury and sutible and convenient Gutters to s"^ meeting house." f March 17, 1702-3, the town voted that the old meeting house " be repayred and fitted for a Court House & Schoole House" ; but this vote was afterwards reconsidered, and May 23. 1705, "the old meeting house [was] then Granted to M' Richard Brown, Junior, w"" liberty to remove it." The new edifice, erected during the summer and winter of 1699, was large and commodious. The body of the house was filled with long seats. Contiguous to the wall were twenty pews. The spaces for the pews were granted to particular persons, who appear to have been principals. Before the pulpit and deacon's seat was a large pew containing a table, where sat the chiefs of the fathers. The young people sat in the upper gallery, and the children on a seat in the alley, fixed to the outside of the pews. The floor measured 60 by 50 feet. The roof was constructed with four gable ends, or projections, one on each side, each containing a large window, which gave light to the upper galleries. The turret was in the centre. The space within was open to the roof, where was visible plenty of timber, with great needles and little needles pointing down wards, which served at once for strength and ornament. There were many ornaments of antique sculpture and wainscot. It was a stately building in the day of it, but itwas not my lot to see it in all its ancient glory. Long ago a wall was spread overhead, and the floor was occu pied by pews. The roof was made plain, the four very steep- sides ter minating in a platform which supported a steeple.J All questions relating to the temporal affairs of the First church in Newbury were discussed and settled at the annual or special meetings of the town, and appropriations of money for the minister or for building the meeting-house were re corded on the same page with the election of constables, fence-viewers, surveyors of highways, and other officers of the •Town of Newbury Records, vol. iii., pp. 69-72. t Ibid., p. 93. + Appendix to a sermon preached September 17, 1S06, by Rev. John S. Popkin, of Newburv. 336 HISTORY OF NEWBURY town. But after the Second church was organized and parish lines established, meetings for the consideration of town affairs and meetings of the parish for the consideration of church affairs were held independently of each other, and separate books of record were kept by the town and parish clerks. Early in the spring of 1722, the inhabitants of the First parish in Newbury invited Mr. Daniel Holbrook "to assist Rev. Christopher Toppan in the ministry." Some objections were made to the proposed settlement of an assistant pastor ; and, April 6, 1722, a committee was chosen to confer with Mr. Toppan and Mr. Holbrook in order to remove the objections, if possible.* On the twelfth day of July, the church voted to invite Mr. Holbrook to accept the office of teacher, or assistant pastor ; and, on the nineteenth day of September following, the parish voted to unite with the church in the invitation and make an effort to secure a favorable answer. At this time the division of the parish and the organization of a new church was earnestly advocated by the inhabitants of Newbury living in the vicinity of Greenleaf's lane, now State street, Newburyport. September 19, 1722 it was voted that If ye Inhabitants at ye west erly end of said [First] Parish Do obtain a meeting house and be orderly set off from this Parish; that then si Line.f "Xewbury 'First Parish) Records, p. i. tN'ewbury (First Parish) Records, vol. i., p. 3. Three years later a meeting-house was erected on a triangular lot of land, now known as Market square, Newburyport ; and December iS, 1725, the General Court adopted an order establishing tlie Third parish of Newbury (*' Ould Xewbury," p. 430). CHURCHES AND PASTORS 337 November 6, 1722, the inhabitants of the First parish voted to pay Mr. Daniel Holbrook eighty pounds a year for his services, ¦ • • the said Mr Holbrook to preach a lecture once a month (if the Rev. Mr Toppan agree thereunto) and that he take due care to visit his Parishoners and to see that ye head & masters of families take due care to catachise their children and servants as may be thought need- full.* Mr. Holbrook evidently entered upon his duties without delay, and would undoubtedly have been ordained assistant pastor of the church at Newbury, had his life been spared. He was seized with a sudden illness, while preaching, on Sun day, April 14, 1723, and was obliged to leave the pulpit. He died five days later.f March 22, 1725-6, a committee was chosen to attend to the repairing of the meeting-house and making it more com fortable ; and, July thirteenth, the parish voted . . . that the four Gable ends In ye Roof of ye meeting House be Taken Down and that each Part opened thereby be well Timbered and Boarded and Shingled up and made tite & Sound up to ye Platform In ye same form on Each side as ye hip Rafters now stand, and that Mr. James Noyes should undertake and Perform ye above said work. § It is evident, however, from subsequent votes of the parish that two of these " gable ends " were left standing for ten or fifteen years. May 20, 1729, it was voted to shingle the back side of the meeting-house, divide the large window into two parts, put in new window glass where necessary, and make other needed repairs. March 13, 1729-30 voted that those who live remote from ye meet ing house should have liberty to go Into ye schoolhouse on Sabath days for their comfort In wet, cold or hot seasons, as they may have occasion to use.§ March 22, 1730-31 William Ilsley and Joseph Morse, Junior, were chosen and appointed to tune the psalm In ye meeting house In time of Publick worship and take their Tum In that work that it may be done with ye more ease and cheerfulness. And the said Morse is appointed •Newbury (First Parish) Records, vol. i., p. 4. t Coffin's History of Xewbury, p. 193. § Newbury (First Parish) Records. 338 HISTORY OF NEWBURY to sit in the fore seat of ye south body with ye said Ilsley for ye manag ing said work.* May 6, 1740, a committee was appointed to provide an upper floor or ceiling for the meeting-house, " either over ye Beams or under as the Com"'' think most proper " ; and Sep tember 1 7, 1 740, the parish voted " that the two gables now standing on y' meeting house be taken down and the places where they stand be well timbered, Boarded & shingled as the other sides of said house are," provided the carpenters employed to repair the meeting-house will do this extra work without charge.* In 1742, the religious excitement in Newbury was intense. Revival preachers attracted large crowds of attentive listeners, and meeting-houses were frequently occupied without the con sent or approbation of the conservative orthodox ministers of the town. In an anonymous communication, published in the Boston Evening Post, May 3, 1742, "the reverend N. Rogers of Ipswich, Mr. Daniel Rogers and Mr. Bewell, candi dates for the ministry," are charged with having come into Newbur}- "and taken possession of Mr. Lowell's meeting house without his knowledge, or asking leave of the proprie tors of the house, or the consent of the church or congrega tion. An attempt of the lOce factious nature was made upon the reverend Mr Toppan's meeting house, but Mr. Toppan being present the party was repulsed." In the Boston Gazette or Weekly Journal, published May 1 7 ( ?), 1 742, the statements made in the communication quoted above were denied. A newspaper controversy fol lowed that lasted several months. In the Boston Evening Post, July 12, 1742, the facts as stated in the article pub lished on the third da}- of May were reiterated, and the truth established by a certificate signed by Abraham Titcomb and Humphrey Richards, and sworn to before Henry Rolfe, justice of the peace.f Disorderly and irreverent boys occasionally disturbed the sanctit}- of the Sabbath, and aroused the indignation of the older and more sedate inhabitants of the town. ' * Xewbur\' (First Parish) Records. t See Boston Evening Post : also. Coffin's History of Newbury, p. 212. CHURCHES AND PASTORS 339 At a meeting of the selectmen held July 6, 1663 Gyles Cromlom was chosen for this yeare to look that the boyes be kept in order, & take notice of such as are out of order & give notice to the selectmen & he shall have six shillings out of the next towne vote.* October 9, 1711, voted that ye select men shall forthwith imploy severall persons to take care ye Boyes be kept in order on Sabath days & satisfie sd persons out of ye money of ye parish to which they belong for their serviccf March 35, 1723 Mr Joseph Knight and Mr Nathan Noyes were chosen to take care of ye youth in said Parish that they be kept In order on Sabath Days & Especially In time of Publick worship. J March 22, 1730-31 Mr. John Lunt was chosen to sit In ye Gallery to take care and keep ye youth still In time of Publick worship and to Inform parents & masters of such as are found to be unruly. § February 6, 1745-6 voted that the stairs that lead into the upper galleries shall be stopped up so that the boys cannot go up in said galleries on Sabbath days and the committee of the parish are hereby impowered to see it done speedily.§ July 16, 1745, Rev. John Tucker was invited to assist Rev. Christopher Toppan in the work of the ministry in the First church in Newbury. This invitation was vigorously opposed by some of the most influential men in the parish, and finally resulted in the withdrawal of a large number of disaffected brethren and the organization of a new religious society. Although greatly perplexed and disturbed by the lack of harmony in the parish. Rev. Mr. Tucker accepted the call October 1 1, 1745, and on the twentieth day of November following he was ordained assistant pastor of the church. || January 19, 1745-6, fifteen or twenty persons who had opposed the settlement of the new minister were notified to appear at a meeting to be held four days later, and answer to the accusations brought against them. This notice was evi dently ignored by the disaffected brethren, and subsequently *Town of Newbury Records, vol. i. t Ibid., vol. iii., p. 137. + Newbury (First Parish) Records, p. 7. § Newbury (First Parish) Records. II Rev. John Tucker was bom iu Amesbury, September 20, 1719. The services at his ordina tion were simple and impressive. After the singing of a psalm, prayer was offered by Rev. William Johnson, of the Fourth church in Newbury, now the Second in West Newbury, which was followed by a serraon from the text (2 Corinthians Wu) : "We then as workers together with hiin beseech you also that ye receive not the grace of God in vain," by Rev. Payne Wingate, of Amesbury. Rev. Caleb Cushing, of Salisbury, gave the charge to the people, Rev. John Lowell, of the Third church in Newbury, now the First in Newburyport, gave the right hand of fellov%'ship, and Rev. Thomas Bamard, of the Second church in New bury, now the First in West Newbury, made the closing prayer. 340 HISTORY OF NEWBURY they were solemnly admonished for contemptuous behavior and wilful neglect of public worship by the elders of ^ the church. Every person who had voluntarily abstained from communion, or had openly denounced the doctrinal views of Rev. Mr. Tucker, was called upon to confess his misdeeds and manifest a spirit of penitence and contrition. The perverse and obdurate brethren, however, persisted in their schismatical opinions, and soon after organized a new church, and invited Rev. Jonathan Parsons, of Lyme, Conn., to become their pastor.* After this date, the communion service was usually omitted during the winter months, from the first day of December to the first day of April following. The male members of the church were assessed twelve pence and the female members ninepence every year, " to provide bread and wine for the communion table," but the deacons were authorized to excuse all poor and needy persons from paying this assess ment.! Sins of omission and commission were frequently confessed by penitent transgressors of the moral law at the close of divine service on Sundays and lecture days. In many instances "for a gross breach of the seventh commandment" the offenders were admonished, "restored to charity," and their children admitted to the rites of baptism." f Although a large proportion of the congregation came on foot to the meeting-house, many who lived at a distance rode on horseback. Frequently, the great number of horses tied near the doorway were a serious inconvenience to the devout worshippers; and March 12, 175 1-2, the parish voted that " the sexton inform those People that hitch or tie their horses near the South Door of the meeting House so that they move said horses that they shall not Discomode the women getting on their horses." f The parish also voted, June 17, 1761, "to make use of Mr. Tates & Dr. Bradys version of the Psalms, together with a number of Dr. Watts Hymns usually bound up" there with, in their publick singing," and on the twelfth day of ' " Ould Xewbury," pp. 50S-525. t Xewbury (First Parish) Records. CHURCHES AND PASTORS 341 November following "voted to build a pew in some con- . venient place in the meeting house for the accommodation of the singers." * The reading of the Bible in the pulpit without words of comment or explanation from the minister was considered unprofitable and dangerous ; but April 19, 1769, the subject was thoroughly discussed, and, after a prolonged debate, it was voted " that it is agreeable to y" church the scriptures be read in publick." * Soon after this date extensive repairs were made on the meeting-house. A committee appointed to examine the roof reported in October, 1763, that it was in an unsafe condition, that the " turret " should be removed and the bell taken down. This report, after considerable discussion, was ac cepted ; and the parish voted, November 28, 1763, "that the bell should be hung in the highway near John Brown, Esq's land & nearly opposite to the porch of the meeting house." On the second day of December, Mr. Brown signed a written agreement giving the parish permission to erect on his land a suitable tower or frame for the support of the bell, " to remain there until removed to some other place by vote of the parish." In 1772, the roof of the meeting-house was strengthened, and a tower or turret erected thereon, " with a copper weather cock on top of the Piremid." The bell was then hung in the place provided for it in the turret. All persons residing within the limits of the First parish in Newbury were taxed for the support of public worship in that parish. February 4, 1773, the inhabitants "voted not to release any of the pretended churchmen from the payment of taxes." At the Court of Common Pleas held at Ipswich in the month of March, 1773, Rev. Edward Bass, rector of St. Paul's church, Newburyport, brought a suit against the treasurer and collectors of the parish, " to recover taxes paid said parish by Nicholas Short and John Dole both inhabitants of the First Parish in Newbury, but regular communicants of St. Paul's Chtirch." John Lowell, Esq., of Newburyport, • Newbury (First Parish) Records. 342 HISTORY OF NEWBURY appeared as attorney for the defendants, and Daniel Farnham, Esq., also from Newburyport, for the plaintiff. The jury ren dered a verdict in favor of the parish, and the plaintiff appealed to the Superior Court of Judicature for the county of Essex. Upon a review of the case in the Superior Court in the month of June, 1774, the defendants were held liable to pay the sum of £,1, 4s. Sd. upon certain conditions, but were al lowed to deduct witness fees, costs of court, etc. In consequence of the extraordinary high price of wine in 1777, every male member of the church was expected to pay three shillings and every female two shillings and sixpence for the support of the communion table. In 1779, the tax was raised to $6.50 for every man and S5.50 for every woman. In 1780, the men were called upon to pay twenty dollars and the women sixteen dollars each to meet the e.x penses of the communion table for that year. After the death of James Mirrick, who was sexton of the church for twenty-five or thirty years, the selectmen made the following agreement July 11, 171 1 : — Benj Mors ye 3"^ is to ring ye Bell and sweep the meeting house for one year, the year to begin the ist of July 171 1, sd Mors is to Ring the Bell at nine of the clock every night and Sabath days and Lecture day and such like. And sd Mors is to winge or Rub down the principle seats the day after sweeping of the meeting hous. And sd Mors is to have for his years service about ye meeting hous eight pound and ten shillings, one half to be paid in money and the other half as money. Also to toule the Bell till the minister comes.* March 28, 1732, Henry Lunt was chosen se.xton, and allowed eighteen pence a week for sweeping the meeting house and twelve pence a week for ringing the bell. He served until March 15, 1736-7, when Humphrey Richards was elected. Henry Lunt died August 9, 1737. Humphrey Richards was chosen sexton annually until March 15, 1784, when a committee was appointed to provide a sexton for the year ensuing. Mr. Richards died previous to February i, 1785. f * Town of Newbun* (Selectmen's) Records, 1693-1728, p. 162. t Moses Short^s Book of Burials. CHURCHES AND PASTORS 343 Moses Short was probably appointed sexton in 1 784. His first burial, according to the record, was made December 30, 1784. He served as sexton until 1836. Reuben Jackman was sexton from April, 1836, to April, 1841. Elisha Bean was sexton from 1841 to 1850, and Jeremiah C. Young from 1850 to 1857. Hiram Young was chosen sexton -in March, 1857, and served until March, 1874. Elisha Bean was sexton in 1874, and Moses Young from 187s to 1885. In March, 1885, Albert Tilton was chosen, but declined to serve, and George W. Haskell was appointed to fill the va cancy. Mr. Haskell retained the office until 1889. William Rogers was sexton from 1889 to October or November in 1 890, when Moses Young was appointed to fill out the unexpired term. From that date to the present Mr. Young has been annually elected sexton of the First parish in Newbury. Rev. Christopher Toppan died July 23, 1747. After his death. Rev. Mr. Tucker remained in sole charge of the parish for nearly fifty years. In 1766, a few dissatisfied members of the church proceeded to organize a new society, and made preparations to erect a new meeting-house, nearly opposite the old one, on land purchased of Mr. John Brown.* The house was raised and boarded, but for some reason was never finished. In a violent storm of thunder, lightning, wind, and rain it was blown down, February 9, 1771. In the summer of 1766 an attempt was made to call a council of churches to consider the disorganized condition of affairs in the parish, but the effort was unsuccessful. March 29, 1767, the subject was again discussed, and the re fusal of the pastor to unite with his unfriendly critics in call ing a council of churches was sustained.f * February 24, 1766, John Brown sold to Joshua Coffin, Nicholas Short, Jacob Knight, Samuel Noyes, John Dole, jr., Joseph Jaques, Moses Noyes, jr., Isaac Noyes, and Nathan Peirce a lot of land in Newbury " to erect a meeting house upon for the Publick Worship of God." Essex Deeds, book cxix., leaf 63 ; also. Coffin's History of Newbury, p. 233. t Newbury (First Parish Church) Records. 344 HISTORY OF NEWBURY Rev. John Tucker died March 22, 1792, in the seventy- third year of his age. For several years after that date the church remained without a pastor, although an effort was made to secure the services of Rev. Samuel Mead in 1793 and of Rev. Phineas Randall in 179S ; but both gentlemen dechned the call extended to them. On the twenty-eighth day of January, 1796, Rev. Abraham Moor was invited to take charge of the parish. He accepted the invitation, and was ordained on the twenty-third day of March following.* Theological differences had not then separated churches that were strictly orthodox from those holding a more liberal faith ; and Rev. Thomas Cary and Rev. John Andrews, pastor and assistant pastor of the First Religious society of Newbury port, although not believers in the Calvinistic creed, were among the clergymen invited to attend and participate in the ordination exercises. Rev. Mr. Moor was not at that time strong and vigorous, and soon after was taken seriously ill. He died of pulmonary consumption June 24, iSoi. Rev. Nathaniel Noyes supplied the pulpit until the spring of 1804; and Rev. John Snelling Popkin, of Boston, was installed pastor of the church on the nineteenth day of September following. f In the exercises on that occasion. Rev. John Andrews, of Newbur}-port, gave the right hand of fellowship. November 9, 1805, the parish voted to build a new meeting house ; and May 4, 1806, Rev. Mr. Popkin preached for the last time in the old one before it was taken down.J The frame of the new building was raised June 17, 1806. It was sixty-one feet long and fifty-one feet wide. It was completed and dedicated with appropriate exercises September 17, 1806. During the pastorate of Rev. Mr. Popkin the church was united and prosperous. On the twenty-seventh day of Sep tember, 1815, having been invited to accept a professorship in Harvard College, he asked to be released from his pastoral •Rev. .Abraham Moor, the son of Deacon John and Mary (Cochrane) Moor, was bom in Londonderry (in that part of the town now Derry), N.H., September 8, \^i&. t Rev. Mr. Popkin waa ordained in Boston in \^ry^. Previous to his settlement in New bury, he officiated for several years at Wenham, Mass., and at Londonderry, N.H. t From the sermons preached May fourth and September seventeenth, 1806, by Rev. Mr. Popkin, many facts incorporated in this sketch have been taken. CHURCHES AND PASTORS 345 duties. On the fifth day of October following, a council was called, at which the First Religious society of Newburyport was represented by Rev. John Andrews. After long deliberation the council, with great unanimity, voted to advise Rev. Mr. Popkin to accept the professorship and take up the important work to which he had been called, but at the same time earnestly exhorted him to retain his ofiice as pastor of the church at Newbury. Yielding to the advice of the council and the solicitation of friends, he re mained in charge of the parish until September 3, 18 16, when he tendered his resignation, which was duly accepted.* Meanwhile the parish and church united in extending an invitation to Rev. Leonard Withington to become their pastor. He was unwilling to accept the position unless some changes were made in the church covenant and in the ordi nances relating to the baptism of children whose parents were not in full communion with the church.* These changes were agreed to; and October 16, 18 16, at the suggestion of Rev. Mr. Withington, a comjnittee was appointed to confer with the members of the First Presbyterian church in New buryport in regard to the animosities and misunderstandings that had resulted from the organization of that church in 1 745 . A reconciliation was effected, past differences " were buried in obUvion," and October 31, 1816, Rev. Leonard Withington was ordained pastor of the First church in New bury. Rev. Daniel Dana, pastor of the First Presbyterian church, and Rev. John Andrews, pastor of the' First Relig ious society of Newburyport, were among the ministers in vited to assist in the ordination exercises.* For more than forty years Rev. Mr. Withington served the parish as preacher and pastor with great acceptance and abihty. He resigned the active duties of that office October 31, 1859, but remained senior pastor of the church until his death, April 26, 1885. January 20, 1859, Rev. John R. Thurston was ordained assistant pastor. January 26, 1868, the meeting-house, built in 1806, was destroyed by fire. A new house of wor- * Newbury (First Parish Church) Records. 346 HISTORY OF NEWBURY ship was erected on the opposite side of the street, and dedi cated on the fourth day of March, 1869. The land upon which the old house stood now forms a part of the burying- ground near " the trayneing green." Rev. Mr. Thurston resigned his office as assistant pastor, and was dismissed March 28, 1870, at his own request. FIRST PARISH MEETING-HOUSE. Built in iSo5. Destroyed by fire in 1868. Since that date the pastors of the church have been : Rev. Omar W. Folsom, settled October 31, 1872, resigned June 5, 1S84; Rev. Francis W. Sanborn, settled November 20, 1884, resigned October 20, 1896; Rev. Charles S. Holton, settled Vi-i.-)' II, 1897. CHURCHES AND PASTORS 347 SECOND CHURCH IN NEWBURY. In 1685, fifty years after the first settlers landed on the banks of the Quascacunquen river, and one year before the common land in the " upper woods " beyond the Artichoke river was divided, a petition was presented to the inhabitants of Newbury for the employment of a suitable person to attend to the work of the ministry at the west end of the town. Al though the petitioners lived at some distance from the meet ing-house, and could not "with any comfort or convenience come to the public worship of God," their request was not complied with ; and four years later a few individuals built, at their own expense, a building thirty feet square, at or near the place now known as the burying-ground at Sawyer's hill, for the accommodation of those who desired to attend public worship in that neighborhood.* At a town meeting held February 25, 1689-90, a com mittee was appointed to confer with Rev. John Richardson, pastor of the First church in Newbury, in regard to the pro posed settlement of a minister at the west end. This com mittee reported that Rev. Mr. Richardson declined to give any advice ; and, considering the difficulties and disadvantages that would be likely to result from the organization of a new religious society in the town, the committee recommended that the privilege asked for should not be granted at that time. On the eleventh day of March following, John Emery Abraham Merrill Joseph Bayley John Emery Jun. Samuel Bartlet Richd Bartlet Benj Lowle Jn" Bartlet Joseph Richardson Jno Ordway Stephen Emery Jno Merrick Jno Chace Joshua Browne Stephen Sawyer in behalf of the inhabitants of the west end of the town, sub mitted two proposals. I . That the Towne would agree to make a rate for the maintenance of two ministers so that we at the new Towne might have the word of God preached among us at the West meeting house and that by a Lov- • " Ould Newbury," pp. 363-366. 348 HISTORY OF NEWBURY ing agreement of the towne together, which wee your friends & broathers have long wished for, and now would hope that we may Lovingly agree in. But now if the Towne will not grant us that proposition, our second is, 2. That the Towne would grant us their free consent [to establish] the ministry among us upon our own charg & that the Towne would Lovingly agree to a Dividing line between us so we may know what families may now belong to the West meeting house &c.* These proposals were not favorably received, and after some delay the inhabitants of the west end extended a call to Mr. Edward Tompson to be their minister. The town objected to this unauthorized display of authority ; and on the fourteenth day of July, 1691, "did by vote manifest their dislike against it, or against any other minister whom they should call, untU ye church and towne are agreed upon it, looking upon such a thing to be an intrusion upon ye church and towne." * From this decision a few individuals residing in the vicinity of the newly erected meeting-house appealed to the General Court ; and the town, at a meeting held December 2, 1691, passed the following resolve : — Whereas divers of the inhabitants of our Towne presented to the Honoured Genii Court a petition dated Octo. i 1691 to be established a people by themselves for the maintainance of the ministry amongst them & whereas the Honoured Gen^U Court at a session of y^ in Boston 14th of Octob"- 1691 ordered y' a copy of s"! petition be sent to the Towne of Newbury and that oportunity be given them at the next sitting of the Court to present what they have to offer why the petioners should not be granted what they move for, if they have anything against it. The inhabitants of the Towne did then by vote manifest y^selves against the new Townes men having j-r petition granted & did then desire y« worshippful Jno Woodbridg Esq. Capt Peirce, Capt Noyes, Deacon Noyes and }-e selectraen to draw up a petition to ye next ses sions of ye Gen" Court in the behalf of the Towne in way of answer to ye new Towne mens petition & that Capt Noyes should manage y' s^ afare in the behalfe of ye Towne at ye next session of ye Gen" Court* In December, 1692, the town voted to call another minister to preach at the west end, and keep school there. .May 10, 1693 It was voted y' Mr John Clarke be chosen to Asist i\Ir John Richardson in the worke of the ministry & to help at the west * Town of Newbury Records, CHURCHES AND PASTORS 349 end of the Towne of Newbury to preach to them for one yeare in order to further settlement as the Church & Towne shall agree & also to keepe a Gramer Schoole for w¦ " Ould Xewbury," pp, 368, 369. || Newbury (Second Parish) Records, p. ;6. CHURCHES AND PASTORS 353 The committee appointed February 28, 1705-6, to build the meeting-house consisted of Capt. Hugh March, Sergt. John Ordway, and Lieut. Caleb Moody; but, after long delay and repeated efforts to reconcile conflicting views and opin ions, Sergt. Ordway declined to co-operate with the other members of the committee.* February 4, 1709—10, Abraham Merrill, Samuel Sawyer, Joshua Brown, Edward Sargent, Richard Bartlett, and others, numbering fifty-five in all, presented a petition to the- General Court stating that the parish had voted to build a meeting house at Pipe Stave hill, had levied taxes to defray the cost of the same, and seized the property of some who refused to pay the amount assessed. In conclusion, the petitioners humbly pray " y' if no beter method may be found out for our relief y' we may be Set of so far as may agree w"" righteous ness & Religion to maintain our minister & ministry amongst our Selves the charge whereof we chuse abundantly rather to undergo then to haue our good ends, designs and Endeuaers above s"* frustrated and mad voide." f June 2, 1 7 10, the General Court ordered "That the Select men of the Town of Newbury be Ser\-ed by the Petitioners with a Copy of this Petition, And That the matter be heard before this Court on ffriday the 9"^ Curr'." f On the twenty-second day of June, the councillors and representatives concurred in the adoption of a resolution declaring "That Pipe Staffe hill in the West Precinct of Newbury is the most convenient place for the Establishing of a meeting House for the whole Precinct," that Rev. Mr. Belcher should be requested to remove there when a suitable dweUing-house has been erected for his accommodation, and that a general meeting of the inhabitants of the precinct should be called to choose assessors to levy a tax, according to law, and apply the same when collected to the purchase of labor and materials for the construction of a meeting-house and parsonage. It was also resolved That the Tax lately Levied in the sd Precinct for the building of a •Massachusetts Archives, vol. xi., p. 309; also. Coffin's History of Newbury, p. 177. t Massachusetts Archives, vol. xi., p. 306; Coffin's History of Newbury, pp. 176, 177. 354 HISTORY OF NEWBURY meeting House and Ministry House and all proceedings had there upon Be and hereby is Declared to be Illegal null and void : — And that all persons who have been Destrained for the sum or sums Set upon them to the said Tax, have the same restored to them again wth ye necessary cost and charge they have sustained thereby.* At a meeting of the inhabitants of Newbury held April 4, 1 7 10, it was voted " y' ye five acres of land allotted for a pasture towards y' support of y^ ministry at y^ west end of y= Town shall speedily be disposed of at y' discretion of a Committee as shall be chosen for s"^ service towards y° pur chase of a parsonage near or upon pipe stave hill, provided y' AI'' Belcher be not disposest there of till such time as s"* parsonage be procured & prepared suteably & conveniently for his reception and comfort." f July 15, 1710, Col. Thomas Noyes, Major Henry Somerby, and Capt. Thomas Hale, for and in consideration of eight acres of land owned by Capt. Hugh March and Lieut. Caleb Mood}-, sold and conveyed to the said March and Moody " the aforesaid five acres of land, bounded northerly by ye road leading to Bradford, westerl}- by Harty Choak river, southerly & easterly by common land, which five acres of land was granted & given by y= freeholders and Inhabitants of Xewbury afores"^ at a legali meeting held December 18 Anno Dom : 1695, for a pasture for a ministry and upon removal of y= meeting House at y= West end of y= said Towne this pasture to be disposed of to procure an other convenient pasture for y^ ministry as by y' said vote may appear." J At a legal meeting of the inhabitants of the Second parish held two days later, Corp. Abel Huse, Hananiah Ordway, John Emery, Ensign Stephen Emery, and Tristram Greenleaf were chosen a committee " to agree with a man to build & finish a ministry house att pipe sta\'e hill forth-with upon the eighth free hold lot." * Massachusetts .Archives, vol. xi.. p. 306. t Town of Newbury Records. t E.isex Deeds, book xxiv., folio 256. The land granted December iS, i6<)5, " fora pasture for tile ministry." was on the easterly side of .Artichoke river, nearly opposite the entrance 10 Hoyt's l.ine from Storey avenue, Newburj-port. The house in which Mr. Belcher lived until his removal to Pipe Stave hill was probably located at or near the Sawyer hill burying-ground, on tile nail or wav now known as Hovt's lane. CHURCHES AND PASTORS 355 April 19, 17U voted, to choose a committee of three men to sell & dispose of ye ministry house that M' Belcher now dwells in. ... And allso to take the seates and boards & Glass out of y= old Meeting house to be improved in the New meeting house. And allso to remove the old meeting house & sett it up att Pipe Stave hill to be improved fof a Barn for the ministry in convenient time.* This vote was undoubtedly intended to defeat the plan that had been matured by some twenty-five or thirty persons to maintain, at their own expense, the public worship of God in the old meeting-house. Without waiting for definite action on the part of the committee, however, a small company of men and boys came down in the night from the upper part of the parish, tore down the old meeting-house, and carried away all the materials that were of value. Determined not to submit to these disorderly proceedings, a number of persons residing in the immediate vicinity of the plains made preparations to replace the building that had been destroyed. A severe and bitter contest followed, which led to the erection of Queen Anne's Chapel in the spring of I7I2.f The meeting-house at Pipe Stave hill was probably com pleted before December 7, 171 1, when the parish voted to raise the sum of one hundred pounds " for defraying part of the charg of building y= meeting house now standing upon pipestave hill," and March 5, 1712-3, "voted to give thirty- five shillings a year to Isaac Baily, or any other man, to take care of y= meeting house and keep the key and sweep ye meeting house well Sz; keep it cleane." J Rev. Mr. Belcher was at this time quite old and infirm. He was unable to attend to his duties as pastor, although he remained in charge of the parish until November, 1 7 1 3, when he removed to Ipswich, his native place, where he died March 10, 17 14, aged seventy-four. January 15, 1713-14 voted to give Rev. John Tufts seventy pounds a year so long as M"- Samuel Belcher lives, and the use of the whole par sonage, and after the decease of Mr Belcher eighty pounds a year, * " Ould Newbury," pp. %(x), 370. t Ibid., pp. 36S-3S6. { Newbury {Second Parish) Records, p. 38. 356 HISTORY OF NEWBURY provided the said M"- Tufts accepts the call to the ministry in the parish and preacheth a monthly lecture.* On the thirtieth day of June, 17 14, Rev. Mr. Tufts was ordained pastor of the church ; and a fev^ months later he published a small book on church music containing twenty- eight psalm tunes, with instructions for singing by note or rule. This work, probably the first publication of the kind in New England, was by many members of the church con sidered a daring innovation ; but it ultimately led to the intro duction of a greater variety of tunes and more skilful and harmonious rendering of them. March 8, 17 14-5, the parish voted to build a new bam near the parsonage house, to take the place of the old barn standing there, and also "voted not to make use of any of the old timber for y'^ s"^ Barn but such as is sound and good." f The same day a committee was appointed to attend to the seating of the meeting-house, and to make such alterations in the pews and benches as might be necessary in order to ac commodate all the parishioners. J March 26, 1722-3, Abel Morss, Daniel Morss, John Worth, Edmund Greenleaf, Sergt. Thomas Hale, and Ensign Benjamin Smith were chosen " to look after the boys on Sab bath dayes and to give notice of their misdemenours to their masters or parents and the constable and Tythingmen are desired to take their turns to look after y^ boyes between meetings." § In 1709, a stone wall was built about the burying-ground at Sawyer's hill; || and March 17, 1723-4, the parish voted to gi\-e Deacon William Morss seven pounds and ten shillings for half an acre of land " for a burying place at the north end of his land adjoyning upon y' highway leading to Swetts ferry." ^ At the same meeting it was voted "to buy one quarter of an acre of Ezekel Hales land for a burying place at the rate of fifteen pounds per acre unless the neighbours can find and procure a more convenient place for the above said use." ** • Newburj' {Second Parish Church) E ecords, p. 41. t Ibid., p. 45, X Ibid., p. 47. 5 Ibid., pjS. il '' Ould Xewbury," p. 367. *y Ibid., p. 59. ** Newbury (Second Parish) Records, p. 90. CHURCHES AND PASTORS 357 In 1729, a petition for liberty to divide the parish and organize a new church was presented to the General Court. After some delay this petition was granted. June i, 1 73 1, the dividing line was established; and a few months later the inhabitants on the upper or westerly side of that line organized the Fourth church in Newbury, now the Second in West Newbury. Ill 1737. Rev. Mr. Tufts was accused of immorality and unchristian behavior by some of the women of his parish ; and on the twenty-si.xth day of February, 1737—8, a council, consisting of ten ministers and twenty delegates, was called to consider " the distressed state and condition of y' second church of Christ in Newbury." Mr. Tufts vehemently opposed the investigation, and declined to co-operate with the council or question the witnesses called upon to testify against him. On the second day of March, " in consequence of the unhappy differences prevailing in the parish," he asked to be released from his duties as pastor. The church voted to grant his request ; and the council, with only one dissenting voice, consented to the separation, " hoping thereby to restore harmony to the church." November 27, 1738, the parish voted to unite with the church in calling Rev. Thomas Barnard to be their minister ; and on the thirty-first day of January, 1738-9, he was or dained pastor. June 8, 1742 voted to take down ye Turret that is on the top of ye meeting house, and also voted to build a Convenient Place on the Beams under the Roof in y« norwest corner in ye meeting house to hold our proportion of the ammunition that shall be divided to us by the Town.* From 1743 to 1747 many members of the church habitu ally absented themselves from public worship and from com munion. Frequent efforts were made to induce these disaf fected brethren to forsake the error of their ways, resume their accustomed seats on Sunday, and receive again the holy sacrament, but without success. Disheartened and discour- • Newbury (Second Parish) Records, p. 86. 358 HISTORY OF NEWBURY aged by the troubles and dissensions that disturbed the church. Rev. Mr. Barnard resigned his office as pastor March 6, 1749-50 ; but his resignation was not accepted until January 18, 1750-1. Meanwhile, Rev. Moses Hale, of Rowley, had been invited to supply the pulpit with a -view to his settlement in the parish; and on the twentieth day of February, 1 750-1, he was ordained pastor. The fact, however, that he wore a wig was criticised and condemned with great severity by one of his parishioners. Mav I. 1752 The Church mett together to Deal with our Brother Richard Bartlet for his Known & publick offences which were exhib ited against him in ye Church meeting as follows, viz. : — I. That our said Brother Bartlet Refuses Communion with ye Chh for no other Reason, but because ye Pastor wears a Wigg & because ye Chh justifies him in it, herein setting up his own Opinion in opposition to ve Chh, contrary to that humility which becomes a christian. 2. And further in an unchristian manner he censures and condemns both ye pastor & Chh as antichristian on ye aforesaid account, and he sticks not from time to time to assert, with ye greatest assurance, that all who wear wiggs unless they repent of that particular sin before they die will certainly be damned, which we judge to be a piece of unchar itable & sinfull Rashness.* For more than fifty years the wearing of wigs was consid ered unnatural and ungodly by some of the most worthy and de\-out men in New England. Judge Sewall often alludes to the subject in his diary, and frequently mentions the names of those who " abominate periwigs." Comment ing on a sermon preached by Rev. Cotton Mather from the text, " Shall cut him asunder and appoint him his portion ^vith the hypocrites : there shall be weeping and gnashing of teeth " (Matt, x.xiv : 51), he wrote, under date of March 19, 1 690- 1, I e.\pected not to hear a vindication of Periwigs in Boston Pulpit by Mr Mather; however, not from that Text. The Lord give me a good Heart and help me to know, and not only to know but also to doe his Will : that my Heart and Head may be his.f * Newbur)' (Second Parish Church) Records. t Massachusetts Historical Societ>' Collections, Fifth Series, vol. v., p. 342. CHURCHES AND PASTORS 359 In 1758, several ineffectual attempts were made to agree upon a location, for a new meeting-house. A vote to pur chase a lot of land at the end of Windmill lane was passed at one meeting and reconsidered at the next. Similar action was taken in regard to several other locations during the next six or eight months. On the third day of April, 1759, however, the parish " voted to build a meeting house at the southerly end of Hanover Street," and a month later " voted to begin to take down y" meeting house the 23''"^ Day of May current and to proceed Dayley if y= weather permit till it is taken down." * A committee was appointed to super\ase the erection of the new meeting-house, which was to be, according to the plans and specifications agreed upon, fifty-four feet long, forty feet wide, and twenty-four feet high. Forty pews were built on the floor of the house, and one of them by vote of the parish was given to the minister for the use of his family. Rev. Rufus Emery, in an address delivered October 26, 1898, on the two hundredth anniversary of the organization of the Second church in Newbury, says the meeting-house was ... an almost square building, having two rows of windows. It stood facing the south, on which side a wide door gave entrance. On the outside and opposite the door and back of the pulpit was a large round- topped window. Imraediately in front of the window was the pulpit, and over it a huge sounding-board. The sounding-board was shaped like an open umbrella, closed at the bottom with panel work painted white. The upper part was colored blue, and terminated, I think, with a gilt finial, acorn-shaped. The pulpit was a large construction, the centre extending out beyond the sides. The whole top of the pulpit was covered with a cushion of blue figured damask, the edge orna mented with a fringe of ball tassels of the same color. The pulpit was reached by two flights of stairs, there being a landing between them. In front of the pulpit and entered from the landing were the elders' or deacons' seats. I do not remember seeing any of the officers oc cupying them. The only officers I remember seeing in this pew were the moderator and town clerk on occasions of town meeting. In front of the deacons' pew was an imraense table leaf extending the whole length and reaching to the floor. It was only used on communion days. * Newbury (Second Parish) Records, p. 125. This meeting-house was on Pipe Stave hill, near the residence of Mr. Eben Moody Boynton, in West Newbury. 360 HISTORY OF NEWBURY In front of the table stood the large wood-stove, which warmed the house in winter. There were galleries on three sides of the house. The front gallery formed the singing seats, and was gained by stairs at each end. At the head of the flights of stairs were two square pews, which seeraed of no use unless it was to balance two similar ones on the north wall of the house, at the ends of the east and west galleries. There was a row of pews all around the house against the walls, which were raised two steps higher than the others. The side galleries were furnished with two rows of long wooden seats, under which in the western gallery was stored the winter's supply of fuel. Before the meeting-house was completed, Mr. Moses Little and many others, residing at the easterly end of the parish, applied to the General Court for liberty to organize a new church. In the month of February, 1761, a committee was chosen to prepare and present to the councillors and repre sentatives a statement of the reasons why the prayer of the petitioners should not be granted ; * but, on the seventeenth day of April following, the General Court ordered that a part of the Second and Third parishes, within certain bounds and limits, should be set off and estabhshed as the Fifth parish in Xewbury. October 8, 1765, the inhabitants of the Second parish voted to sell " the land where the old meeting house stood [on Pipe Stave hill] to Willet Peterson at the rate of thirteen pound, six shillings and eight pence the acre and give a Quit Claim Deed." f On the ninth day of October, 1771, they voted to give Samuel Brown liberty to build at his own cost " A pew or seats in the meeting house over the Gallery Stairs at the South West Corner of the meeting house for the negros to set in." I Rev. Moses Hale died January 15, 1779. The funeral expenses were paid by the parish, and a suitable tombstone was pro\-ided to mark his grave. For more than three years after his death the church had no settled minister. On the twentieth day of November, 1782, Rev. True Kimball was ordained pastor. He resigned on account of ill-health April ' Xewbury (Second Parish) Records, p. 132. t Ibid., p. 141. X Ibid., p. 154. CHURCHES AND PASTORS 361 4, 1797, but was allowed the use of the parsonage until January i, 1798. Rev. Samuel Tomb, a Presbyterian clergyman of Salem, N.Y., was engaged to carry on the work of the ministry in the parish for one year from November i, 1797 ; and on the twenty-sixth day of June following he was invited to become pastor of the church. He' was evidently inclined to accept the invitation ; and probably through his influence the parish voted August 2, 1798, to adopt the Presbyterian form of church government, and again invited him to become their pastor. This invitation was renewed October fifteenth, and accepted on the twenth-seventh. He was installed on the twenty-eighth day of November following. Many of his parishioners were dissatisfied with his views of church gov ernment ; and after a stormy pastorate of seven years he resigned, and removed to another field of labor in his native state. March 25, 1806, a committee was appointed "to supply the vacant pulpit"; and February 17, 1807, the parish voted to return to the Congregational form of church government. An unsuccessful effort was made to induce Rev. Josiah Web ster to accept the office of pastor, and on the eighth day of March, 1808, the parish voted to concur with the church in extending a call to Rev. Ebenezer Hubbard. He accepted the invitation, and was installed pastor of the church. October 2, i"8ii, the parish "Voted to agree with the Church in accepting the resignation of Rev. Mr. Hubbard." After a vacancy of three years the church and parish in vited Rev. Gilbert T. Williams to become their pastor. He was installed June i, 18 14, and held the office for seven years. On the twenty-sixth day of September, 1821, the church voted to release him from his pastoral duties ; and on the first day of October following the parish passed a similar vote. When the town of Parsons was incorporated, February 18, 1 8 19, and the name changed to West Newbury, June 14, 1820, the Second church in Newbury became the First church in West Newbury, a name that it still retains. 362 HISTORY OF NEWBURY For nearly five years from October i, 1821, the church was without a pastor. June 21, 1826, Rev. Henry C. Wright was installed ; and July 7, 1833, he was dismissed at his own request. Subsequently the pulpit was supplied for several years by clergymen from neighboring towns, who were invited to take charge of the parish temporarily. During the summer of 1841 the meeting'-house, built in 1 760, was taken down ; and a new house of worship, that is still standing, was erected on the site of the old one at the corner of Hanover street and the Bradford road. West New bury, and dedicated December 22, 1841. Rev. Henry A. Woodman was installed pastor November 30, 1 842, and dismissed March i, 1844. He was succeeded by Rev. Horatio Merrill, who was installed April 4, 1845, and dismissed in the month of August, 1847. After a long interval, during which the church was again without a settled pastor, Rev. Charles D. Herbert was in stalled March 5, 1857, and dismissed by a council of churches April 17, 1865. Since that date the church has been under the pastoral care of clergy-men employed from month to month or year to year to carry on the work of the ministry there. The names of those who occupied the pulpit for six months or more are as follows : — Rev. James W. Ward, jr.. from July, 1865, to June 24, 1866. Rev. Horace Dutton, from October 21, 1866, to June 2, 1867. Rev. Luther H. Angier, from November 10, 1867, to March, 1868. Rev. Nathaniel Laselle, from August, 1869, to September, 1873. Rev. James Tarlton, from December, 1874, to July, 1875.* Rev. Charles Dame, from January, 1877, to April, 1881. Rev. Charles D. Herbert, from June, 1S81, to May, 1886. Rev. Ezra B. Pike, frora June, 1 886, to March, 1890. f Rev. Sarauel Evans, from April, 1890, to March, 1891. Rev. Williara W. Parker, from June, 1891, to May, 1892. *• Rev. George Dole officiated from September, 1S75, to December, 1873. t° 1876, the vestry in the rear of the church was built; and Rev. Daniel P. Noyes, of Byfield, was engaged to supply the pulpit irom October, 1S76, to Januar>-, 1877. t During the spring and summer of 18S6 the meeting-house was repaired and repainted. The old-fashioned mahogany pulpit was removed and replaced by a modem one. The moming ser vice at half-past ten o'clock was discontinued in 1S87. The aftemoon service is still held at two o'clock, as usual, preceded by a Sunda\-school beginning an hour earlier. ^-C.;5.-<-;r /;.. \-.^--,.-^,. SECOND PARISH MEETING-HOUSE. Built in 1841. 364 HISTORY OF NEWBURY Rev. Vincent Moses, from July, 1892, to June, 1896.* Rev. William R. T. Sraith, from January, 1897, to the day of his death, January iS, 1898. Rev. Charles H. Coolidge, from September, 1898, to April, igoi. Rev. John Graham, from October, 1901. CONGREGATIONAL CHURCH AT BYFIELD. In 1702, the farmers of Newbury, near Newbury Falls, and the inhabitants of Rowley " living on the northwest side of Rye Plain Bridge " erected a meeting-house at or near the dividing line between the two towns, and soon after invited Rev. Moses Hale to carry on the work of the ministry there. The church probably was not organized until three or four years later ; but the exact date cannot be given, as the church records previous to 1744 have been lost or destroyed. Rev. Mr. Hale was ordained November 17, 1706; and the parish was incorporated by the General Court October 28, 1 7 10. Subsequently, Hon. Nathaniel Byfield, of Boston, for whom the parish was named, gave a bell, weighing two hun dred and twenty-six pounds, that for more than a century called the inhabitants together on Sundays and lecture days. Rev. Mr. Hale retained his office as minister until his death, January 12, i743-t On the twentieth day of June, 1744, Rev. Moses Parsons was ordained pastor of the church. The old meeting-house was taken down ; and during the summer of 1 746 a new one was erected on the same site, " fifty six feet long, forty five feet wide, with a steeple surmounted b\- a gilded weather cock." Eben and Theophilus, sons of Rev. Moses Parsons, were born at Byfield during his ministry there. The first became a wealthy merchant of Boston, with a stately summer resi dence at Xewbury Falls that he named " Fatherland Farm," and the latter an eminent lawyer, for seven years chief- justice of the Supreme Court of Massachusetts. * Rev. Mr. Moses was the tirst occupant of the new parsonage, at the comer of Chase street and the Bradford road, after its purchase by the society in the spring of 1S92. t " l)uld Newbury," pp. 291-300. CHURCHES AND PASTORS 365 In 1 76 1, Lieutenant-Governor William Dummer, who had for many years been a firm and generous supporter of the church at Byfield, died, and by his will bequeathed the income of his estate in Newbury for the support of a grammar school. During the following year a school-house was erected on the Dummer farm at Byfield, and dedicated February 28, 1763, Rev. Mr. Parsons preaching a sermon appropriate to the occasion from the text, " But the liberal deviseth liberal things, and by liberal things shall he stand." The school is still in succes.sful operation, and is known as Dummer Academy.* At the close of the Revolutionary war, a fierce controversy between Rev. Mr. Parsons and Deacon Benjamin Colman led to the suspension of the devout anti-slavery deacon " from the fellowship and communion of the church till he does by repentance and confession give christian satisfaction for the offence he has committed." At that time Rev. Mr. Parsons was the owner of three slaves, and Deacon Colman asserted that his pastor " was guilty of the wicked practise of man stealing," "that he could justly be called a thief," and "that he had offered to sell his slave ' Violet ' for a large sum of money." These charges were presented at a meeting of the church held December 21, 1780. After a prolonged hearing the pastor was acquitted of either vrilfully or wickedly violating the divine law ; but Deacon Colman was suspended from his office, and censured for his intemperate zeal. Rev. Moses Parsons died December 14, 1783 ; and nearly two years later the worthy deacon, having confessed that he had been imprudent and unnecessarily severe in his treatment of the late pastor, was restored to fellowship and communion with the church, and reinvested with the powers and privileges that he formerly enjoyed.f Rev. Elijah Parish, D.D., was ordained pastor of the church December 20, 1787. He was a strong and earnest advocate of the new theology called " Hopkinsianism " ; and some of the inhabitants of the parish, dissatisfied %rith his theological * " Ould Newbury," pp. 313-315. tCoffin's Historj' of Newbury, pp. 342-35°- 366 HISTORY OF NEWBURY views and opinions, withdrew from the church in 1794 and formed a Presbyterian society. After a precarious existence of nearly ten years the society was dissolved ; and the meet ing-house in which services were held was, by permission of the General Court, sold to Deacon Benjamin Colman, who removed it to a more convenient location near the old parson age, and subsequently converted it into a young ladies' seminary. Miss Harriet Newell, Miss Mary Lyon, and other women of note were among the pupils educated there. Rev. Dr. Parish was an able and interesting preacher. In 1 8 10, he delivered a sermon before the governor, councillors, and members of the General Court that created considerable excitement at that time. Quotations from the sermon will be found in a speech made by Hon. Robert T. Hayne, of South Carolina, in the United States Senate, on nullification, to which Hon. Daniel Webster replied. Several sermons in pamphlet form were published by Rev. Dr. Parish during his lifetime. He also, in connection with Rev. Jedidiah Morse, of Charlestown, Mass., published a irazetteer of the Eastern and Western continents, a sacred geography and gazetteer of the Bible, and a history of New England designed for schools and private families.* In 1S17 the bell presented to the parish by Judge Byfield was removed, and a larger one, the gift of Eben Parsons, Esq., of Fatherland Farm, was put in its place. During his ministry Rev. Dr. Parish won the confidence and esteem of his parishioners. At his death, October 15, 1 82 5. his friends asserted that " there was not a more united parish in the State." Rc;\-. Isaac R. Barbour was installed pastor of the church December 20, 1827. He was deeply interested in the ques tions of the day, and alienated .many of his friends by the vigorous measures that he favored for the suppression of the sale of liquor and the use of it as a beverage. His sympa- *T;-.e tirst edition of the History' of New England was published in 1S04, and the second ediciiin iu u'^o by Thonin.s ,i Whipple, booksellers, No. 2 State street, Newburyport. Some of the trietiris ot Miss Hannah Adams contended that this book was an infringement of the copy- ri,t;lu ;raii:t;d her in !7gg for a similar work. .-V long and bitter controversy followed ; but it is evident, trom .t careful fxamination of the general design, style of treatment, and subdivision of .^iil>iects ill the two histories, that the charge cannot be sustained. CHURCHES AND PASTORS 367 thies were enlisted in the cause of temperance, and he some times expressed his views and opinions in language that was imprudent and indiscreet. He became involved in a con troversy with some of his parishioners in regard to a letter of dismission that, after a long struggle, was granted by a vote of the church to a member who had been guilty of " trafficing in distilled spirits." Although his efforts to revolutionize and reform the habits and customs of the people were not re- BYFIELD CONGREGATIONAL MEETING-HOUSE. Built in 1833. warded with success, he still continued to advocate and sup port the doctrines and principles of total abstinence. On the evening of the last day in February, 1833, a meet ing of the friends and supporters of the temperance cause was held in the meeting-house. Early the ne.xt morning, March I, 1833, the building was destroyed by fire. It is supposed that hot ashes, taken from the stove at the close of the even ino- services, placed in a wooden barrel or some other unsafe receptacle, became overheated during the night, and set fire to the building. 368 HISTORY OF NEWBURY A few weeks later the parish accepted the resignation of Rev. Mr. Barbour, to take effect May i, 1833. Plans for a new meeting-house were prepared and adopted without delay. The corner-stone was laid in the month of May ; and November 7, 1833, the new house of worship was dedicated. A new bell, weighing over one thousand pounds, was purchased by the parish, and hung on the framework provided for it in the steeple. In September, 1886, through the "personal efforts of Mrs. A. B. Forbes, of Fatherland Farm, and other inhabitants of the parish, another and larger bell \v-as purchased and hung in the belfry, to take the place of the old one, which was badly worn and cracked. When the new meeting-house was completed, the pews were sold, and the money used to defray the cost of the building. In 1834, the pew-owners were incorporated by the General Court, and authorized to hold real estate and per sonal property, for parochial purposes, under the name and title of " The Proprietors of the Byfield meeting house." December 25, 1833, Rev. Henry Durant was ordained pastor of the church. He resigned September 15, 1847, to take charge of Dummer Academy ; but his resignation was not accepted until March 31, 1849. Rev. Francis V. Tenney, a native of Newburyport and a graduate of Amherst College, was installed pastor March 7, 1850. He resigned March 22, 1857; and on the twenty-sec ond of April following he was dismissed by a vote of the coun cil of churches called to consider and advise with him in regard to his proposed removal to another field of labor. June 16, 1858, Rev. Charles Brooks, the seventh pastor of the church was settled. His resignation was accepted Novem ber 1 1, 1863. For nearly twelve years after that date the church was without a settled pastor. In 1865, Rev. Moses E. Searle sup plied the pulpit for about five months. He died, suddenly, January 6, 1866. He was succeeded by Rev. Joshua S. Gay, who conducted the services for several years. From 1870 to 1875, Rev. William S. Coggin of Bo.xford officiated on Sun days, and the deacons of the church had charge of the meet ings held on week-davs. CHURCHES AND PASTORS 369 Rev. James H. Child was ordained pastor October 7, 1875. He resigned, on account of ill-health, December 22, 1880. Since that date the pastors of the church have been : Rev. George L. Gleason, installed September 20, 1882, resigned October 2, 1888 ; Rev. David C.Torrey, installed June i, 1892 ; resigned April twentieth to take effect May 25, 1902.* QUEEN ANNE'S CHAPEL. A few months after the meeting-house in the Second parish, near the burying-ground at Sawyer's hill, had been torn down by a disorderly company of men and boys from " the upper or west end of the parish," a strong and vigorous effort was made by a few individuals residing in the vicinity of Sawjers hill to erect a new building on the Bradford road, near the dividing line between the First and Second parishes, and to employ, at their own charge and cost, a suit able person to carry on the work of the ministry there. Lumber and other materials needed for the new house of worship were purchased ; and the frame was nearly completed and ready to be set up, when a committee from the church at Pipe Stave hill, under the pastoral care of Rev. Samuel Belcher, remonstrating against the exercise of unlawful au thority, appealed to the General Court for advice and assist ance. July 19, 1 7 II, "in answer to the petition from the inhabi tants of the West Precinct in Newbury," the deputies and magistrates, with the approval of the governor, " Advised and Directed that the Persons named in the Petition & others concerned desist from their Proceedings to the Raising their intended Meeting House untill there be a Hearing of the Matter before this Court." f This advice was evidently unheeded ; for, on the twenty- fourth day of August, Capt. Hugh March and others in a petition to the General Court state " that several Persons in - See The History of the Byfield Congregational Church, by Joseph N. Dummer, pub lished in rSSS, for addhional facts in relation to the organization and membership of this church. t .Massachusetts Archives (Court Records), vol. ix., p. 133- 37 o HISTORY OF NEWBURY the West Precinct of Newbury have raised & in part covered a house intended for a meeting house, notwithstanding the advice and direction of this Court on the nineteenth of July last, to desist until there had been a hearing." The Court ordered that Samuel Bartlett, John Ordway, Deacon Joshua Brown, Joshua Bailey, Skipper Lunt, & Fennel Titcomb be now served by the sheriff with a Copy of the order of this Court of the 19* of July past, strictly forbiding them & their associates Proceeding in the Work of their intended Meeting House, untill there be a Hearing of that Affair as by the said order is directed, and that the said Persons be summonded by the Sheriff to attend this Court on the second Wednesday of their session in the Fall to answer for their contempt of the afore said order.* November 2, 171 (, Upon hearing the case of Newbury referring to the house late pretended to be raised for the publick worship of God on or near deacon Joshua Browns land, contrary to the direction of y^ court, of wch there is no present necessity. It is ordered that the building of the said house be not proceeded in upon any pretence whatsoever but that the division of the town into two precincts between the old meeting house & that upon Pipe staff Hill be the present division of the auditory, & is hereby confirmed & established, & all Persons concerned are to yield obedience accordingly ; and that the Disorders that have been in the proceedings about the said House in Browns land be referred to the next sessions of y« peace in Esse.^.f In this emergency Abraham Merrill, Joshua Brown, Samuel Bartlett, and a few others, an.xious to finish the building on which work had been stopped by order of the General Court, applied to Mr. John Bridger for advice and assistance. He was a zealous churchman, living at that time in Portsmouth, N.H., having been appointed " Surveyor General of Woods in America " December 24, 1705, which position he held for ten or fifteen years, marking with the queen's broad arrow trees reserved for the use of her Majesty's navy, and instructing the inhabitants in the art of " making pitch and tar, curing hemp &c." I Through his infiuence a petition signed by John Bartlett, Joshua Brown, Joseph Annis, and Samuel Bartlett was presented to the bishop of London, humbly be seeching him to send a minister to officiate in the church to * -M.TSsachusetts Archives (Court Records), vol. ix., p. 142. t Ibid., pp. 159, 160. + Palfrey's History of Xew England, vol. iv., pp. 399, 401. CHURCHES AND PASTORS 371 be built, and called Queen Anne's chapel by the petitioners and other inhabitants of the town of Newbury. The building was probably finished previous to August i, 1712; and it was evidently used for pubhc worship, according to the rubrics and ritual of the established Church of England, by Rev. Henry Harris, one of the ministers of King's chapel, Boston, who came to Newbury on several occasions, remain ing fourteen days at one time. It was the second Episcopal church erected in Massachu setts ; and the parish in which it was located — now including the towns of Newbury, Newburyport, and West Newbury — is at the present time the oldest parish subject to the Episcopal form of church government and discipline in the diocese. Rev. John Lambton had charge of the services at Queen Anne's chapel from November 14, 171 3, until the following autumn, having been transferred from her Majesty's ship " PhenLx '' at the request and with the approval of Gen. Francis Nicholson, commander-in-chief of the expedition against Port Royal, and afterwards govemor of Nova Scotia. During his ministry the following petition was signed by the officers and communicants of the church, and sent to England : — To the Hon'ble & Venerable the Society for the Propagating the Gospel in Foreign Parts: We out of our ardent Love and Affection that we have for the Wor ship of God now professed amongst us according to the Liturgy of the Church of England humbly lay before you the necessity we have of a long time had of a iVIinister duly qualified according to your instructions in that behalf directed to read and preach the Word of God unto us. We retum you humble thanks for the Twenty pounds we have received from General Nicholson whose piety and unbounded Charity needs no encomium, whose arrival has cheered our drooping spirits and in some measure released us from the oppression of our adversaries, as likewise for the Ten pounds given to Mr John Lambton, Chaplain to her Majesty's Ship Phenix, which is appointed to attend this Government, who is willing to officiate here till further orders from the Hon'ble Society praying that he may have the Salary during the time he is as Mission ary here. We are not so fi.xed as we desire as to our number, but hope our increase will answer the ends expected. For the present we 372 HISTORY OF NEWBURY are only able to give Forty pounds per annum, the Minister but just come ainong us, but hope in a small time to advance that sum. The Books and other things which are usually sent along with the missionary would be very useful for the continuance and establishing us in the true worship of God and Instrumental in bringing others over who are inclining that way that in all human appearance here will be a flourishing Church. We only beg your Gracious, speedy and satisfac tory answer. Beseeching Almighty God to bless all your pious under takings is the prayer of Tristram Brown Josiah Weaver Xathl Bartlett John Lambton, Miinster Richd Willia.ms Tho.mas Brown Thomas Bartlett Joshua Brown ¦) Church Joseph Annis .Abrah.^.m Merrill ) IVai-dens Skipper Lunt John Eayr Isaac Rogers Sa.muel Bartlet, -^ John Bartlet Abiel Long, | John Bartlett 3ed Saml Sawyer. Richard Bartlet Joshua Brown, Ju.n | ¦' Dan"- Osilaway John Bartlet, | John Merrill Joseph Bayly. j W" Huse Robert Rogers Nicho Davison Benj--*^ Sawyer Thos Follansba* In answer to this petition, " The Society for the Propaga tion of the Gospel in Foreign Parts " appointed Rev. Henry Lucas minister of the church at Newbury. He arrived Sep tember 17, 1715, and immediately entered upon the duties of his office. In spite of many discouragements and disappoint ments, he remained in charge of the parish until his death, August 23, 1720. During his ministry Queen Anne's Chapel was presented with a bell by the bishop of London. In a letter to Mr. Humphreys, secretar}' of the above-named societ}-, John Bridger (or Bridges, as his name is sometimes printed) wrote May ig, 171 8: — '' Historical Collections of the .\merican Colonial Church, vol. iii., pp. 93,94. CHURCHES AND PASTORS 373 I pray give my duty to my Lord of London and acknowledge his favor to the church of Newbury for the Bell he was pleased to give them.* Rev. Matthias Plant, who succeeded Rev. Henry Lucas, sailed from London February i6, 172 1-2, and preached his first sermon in Newbury April 29, 1722. He married, December 27, 1722, Lydia, daughter of Samuel Bartlett, Rev. David Mossom, of Marblehead, officiating at the cere mony. Soon after his marriage he built a house on the road leading to Amesbury ferry, a short distance from its junction with the Bradford road and the country road, now High street, Newburyport, in which he lived until his death. Under his care the church prospered, and the number of communicants steadily increased. He baptized many children and adults, and during the first ten years of his ministry a large proportion of the persons united by him in marriage were from Salisbury, Rowley, Salem, Marblehead, Bradford, Haverhill, and other towns in Essex county.f At his suggestion, several alterations and additions were made to the church building. October 30, 1 725 att a meeting of the Parishioners voted that A Pew be erected at the east end of the Church for the use of Masters of vessels & strangers & the same to be built by Capt" Atkins at his Dis cretion for Conveniency & Decency at his own Charge and other Bene factors. Matt. Plant, Minister.% In May, 1726, the church was clapboarded, and during the same year "Joshua Browne and John Corney, Church * Historical Collections of the Colonial Church, vol. iii., p. 131. When public worship was discontinued in Queen Anne's chapel, the communion service, Bible, and other movable prop erty was disposed of by a few individuals acting upon their own responsibility : but the bell was allowed to remain undisturbed in the belfry. In 1770, the steeple of the deserted chapel was blown down during a violent storm, llr. David Whitmore, an innholder living in the neighbor hood, took possession of the bell, and refused to deliver it up unless ordered to do so by some person or persons entitled to it. Rev. Edward Bass, minister of St. Paul's church, Newbury port, at diat time, evidently intended to bring a suit in the Court of General Sessions to recover the property belonging to the chapel ; but the events immediately preceding and following the Revolutionary war undoubtedly rendered that course unadvisable. Subsequently the bell was hung in the belfry of a school-house on Pillsbury lane, now Ash land street, Newburyport. On the night before Christmas, 1S39, i' mysteriously disappeared, and since that date has not been seen. For further details the reader is referred to Coffin's His tory of Newbury, pp. 411-413, and Rev. D. D. Addison's '' Life and Times of Edward Bass," p. 126. t Rev. Matthias Plant's Note Book or Diary. X Records of Queen .Anne's Chapel. 374 HISTORY OF NEWBURY Wardens in the Queen's Chappel in Newbury, builte within the South Doore Joyning to Thos. Bartlets pew, a pew given to the above saide church for a seate for the Church Wardens to .sitt in for Ever." * November lo, 1726 voted that ye Gallerys be builte, forthwith, under the direction of the minister & church wardens.* In 1738, Rev. Mr. Plant consented to the erection of a new church near the business centre of the town, and sub scribed the sum of fifty pounds as his proportion of the cost of the same. A lot of land was purchased, and a building, "called St. Paul's Church," was erected thereon. Feb ruary 3, 1742, Rev. Mr. Plant was chosen minister, and arrangements were made with him to preach in the church every other Sunday. Some differences of opinion in regard to the appointment of church wardens and the control of the pulpit led to a serious disagreement that was not settled for eight or nine years. During this interval Rev. Mr. Plant officiated occasionally in St. Paul's church, but devoted most of his time and attention to Queen Anne's Chapel. In a note-book in which he recorded some of the important events of that time he wrote, June 3, 1743 returned from ye Conv-ention which was held at Rhode Island and got home ye g'h of June. July 21, 1745 then I began to preach in ye new church by ye water side by order of ye society. During the remainder of that year and the year folio-wing Rev. !Mr. Plant preached in the new church once a month ; but the number of hearers was small, often not more than six or eight men and about as many women. Meanwhile the services in Queen Anne's chapel were held on Sundays and holy days, with but few interruptions ; and man}- worshippers assembled there to offer devout prayers, and jtiin in the songs of praise. In 1750, the chapel was repaired at a cost exceeding one hundred pounds. Of this sum Re\-. Mr. Plant contributed nearly one-half. Two years * Records of Queen .\nne's Chapel. CHURCHES AND PASTORS 375 later he was taken seriously ill, and never fully recovered. He died April 2, 1753. In his will on file in the Probate Court at Salem is the following item : — I give to the church (viz :) Queen Ann's Chaple in Newbury Ten Pounds Lawful money of this Province to Purchas a silver Coup for the Holy Communion which silver Coup my e.xecutorix shal Emedeatly Pur chas, or shal pay the said sum to the Church Wardens of said Church in Being to purchas said Silver Coup, and forthwith Deliver it to ye s"* Church to be entered in the Church Book and how many ounces of silver it contains. After the death of Rev. Mr. Plant the parish of Newbury was placed in charge of Rev. Edward Bass, who had been appointed assistant minister, or curate, to Rev. Mr. Plant in 1752. He officiated at Queen Anne's chapel once a month until 1766, when, the building having become old and dilapi dated, services were discontinued. A few persons who had been accustomed to attend public worship there organized, in 1762, the Fifth Congregational church in Newbury; but a large proportion of the communicants became earnest and devout members of St. Paul's church. The chapel, neglected and deserted, soon began to show signs of decay. Weather-worn and weakened by -wind and storm, the steeple fell in 1770, considerably damaging the main body of the building, which was then taken down, and some of the material used in the construction of pews and galleries for the Fifth Parish meeting-house. ST. PAUL'S CHURCH. The second Episcopal church in Newbury was built pre vious to 1740 on the corner of Ordway's lane, now Market street, and the country road, now High street, Newburyport. Rev. Matthias Plant, who was then in charge of Queen Anne's Chapel/ subscribed fifty pounds toward the cost of the new building. When it was completed and ready for use, he was chosen minister, and notified of his election by the war dens and vestrymen of the church. Nbwbwry, Feb. 3, 1741-2. We the subscribers, members of the New Church in Newbury, called by the name of St. Paul's Church, desiring the worship of God accord- 376 HISTORY OF NEWBURY ing to the Rubric of the Church of England, do desire and do make choice of the Rev. Matthias Plant as our Minister to officiate and carry on the said worship in said church of St. Paul's, in Newbury aforesaid, — in witness whereof we have hereunto set our hands this day and year above written. Jos .-^tkins Antho Gwynn Tho.mas S.mith W.m Atkins Michael Dalton Joseph Cottle Thos Woodbridg Edmund Cottle Witter Cu.mings Benjn Harris Church Wardens.* Wm Jenkins A.mbrose Davis Owing to some differences of opinion in regard to his rights and privileges as minister of the church. Rev. Mr. Plant was not inducted into office until several years later. September 30, 1747, he notified the wardens and vestry men of the church that he would gladly meet and confer with them in regard to his appointment " as chief minister of the whole parish,"* and two or three weeks later received the following note in reply : — We received your favor of y= lo'i' Instant & many of y^ Church people being absent prevented the answer until now ; as your favor is directed to y^ church wardens & Proprietors we have determined to have a meeting of y^ Proprietors on friday ne.xt at ten of y« clock in ye forenoon at St Pauls Church & pray you'll favor us with your presence & we doubt not that matters can be accommodated in a friendly manner, as we have no views to answer but y= good of ye community & as speedily as possible have an agreeable gentleman seated in ye church which we shall endeavor shall be to your good Hking & satisfaction as well as ourselves ; we are Reverend Sir, Your most Humble Servants To the Reverend Tho^ Tannett ) Chh :nett ) I vER I Mr. Matt Plant. Jno Crocker | Wardens.* The conference evidently did not result in an immediate settlement of the questions in dispute, as Rev. Mr. Plant was not inducted into office as rector of St. Paul's church until June 24, 1751.1 Meanwhile Mr. Edward Bass, who had been .stuih-ing for the ministry, was selected to assist in the work ut the parish. He was sent to England and admitted to holy orders by the bishop of London May 24, 1752. * Rev. Matthias Plant's Note Hook or Diary. fOuId Xewbur\-,'' pp. 401, 402. CHURCHES AND PASTORS 377 After his retum he entered upon his duties as an assistant to Rev. Mr. Plant, who was then in feeble health. He had charge of the whole parish, preaching one Sunday in the month at Queen Anne's chapel and the three following Sun days in St. Paul's church, after the death of Rev. Mr. Plant, which occurred April 2, 1753. Three years later, an organ, given to King's chapel in Boston by Thomas Brattle in 1 7 1 3, was purchased for use in St. Paul's church at a cost of five hundred pounds. It was removed to Newbury during the summer of 1756, and was probably the first church organ set up within the limits of the town. In 1764, a portion of the town of Newbury, including the land upon which St. Paul's church now stands, was set off and incorporated by the name of Newburyport. After that date Rev. Mr. Bass ceased to be an inhabitant of Newbury, and the church itself became a prominent place of worship in the newly incorporated town.* THIRD PARISH CHURCH. The bounds and limits of the Third parish were fixed by an order adopted by the General Court, December 18, 1725. Previous to that date, however, a meeting-house had been erected on land now known as Market square, Newburyport. It was dedicated June 25, 1725 ; and a church was organized and a church covenant was signed and approved on the twelfth day of January', 1725-6. One week later. Rev. John Lowell was ordained pastor of the church. He was an earnest and faithful preacher, with liberal theological views, and a personality that was attractive and sympathetic. The conoregation to whom he ministered rapidly increased in numbers, and in 1736 the meeting-house was enlarged. It measured, with the addition made at that time, eighty feet in length and si.xty feet in width, with a gallery opposite the pulpit, and probably one on each side In September, 1740, * See "Ould Newbury," pp. 396-419; also, "The Lif» and Times of Edward Ba.ss, First Bishop of Massachusetts," by Rev. Daniel D. AddUon, published in 1S97. 378 HISTORY OF NEWBURY Rev. George Whitefield preached his first sermon in Newbury to an immense audience that occupied all the available space in this large and commodious edifice. The enthusiasm aroused by this famous preacher led to the organization of a new religious society ; and in 1 743 more than thirty members asked for letters of dismissal from the Third Parish church, in order that they might join the new organization. This request was refused ; and several similar requests made during the next two or three years shared the .same fate. At length the "new lights," or " new schemers," as thev were called, resolved to put an end to the controversy ; and, acting upon their own responsibility, they applied for admission to membership in the First Presbyterian church. After due deliberation their request was granted October 16, 1746. February 9, 1754, the steeple of the meeting-house in Market square was struck by lightning, and considerable damage done to houses in that neighborhood. Benjamin Franklin, who visited Newbury in the month of November following, wrote an interesting account of the effect of the lightning upon the church steeple, and the protection furnished b}- a small wire that conducted the electricity in safety through the bell-tower, clock, and pendulum to the ground. This account was communicated by letter to a friend in Paris, and read before the Royal Society of London, December 18, 1755- Rev. John Lowell died May 15, 1767; and his successor. Rev. Thomas Cary, of Charlestown, was ordained May 11, 1768. When Newburyport was incorporated in 1764, the name and title of the Third Parish church was changed to " The First Religious Society in Newburypoi't." From that date the history of this church or rehgious society belongs to the municipality of which it now forms a part.* * For additional facts and incidents connected with the l-hird Parish church -see " Ould Newbury," pp. 430-447- CHURCHES AND PASTORS 379 FOURTH PARISH CHURCH. In 1729, the inhabitants of the westerly or upper part of the Second parish in Newbury agreed to build a meeting-house, " fifty feet by thirty-eight and twenty foot stud," on an ele vated lot of land, afterwards called Meeting-house hill, near the burying-ground now kno-wn as "Walnut hill cemetery," West Newbury. August 29, 1729, they applied to the General Court for a division of the parish ; and on the fifteenth day of September, John Brown, surveyor, submitted to the committee, to whom the petition was referred, a carefully drawn map, giving the location of every house in the parish, with the name of the owner or occupant.* After a long delay and much deliberation a line of division was agreed upon by the inhabitants of the Second parish ; and March 29, 1731, they voted to petition the General Court to consent to and confirm the division. In answer to this peti tion, the Fourth parish in Newbury was set off and incorpo rated June I, 1731.1 Rev. John Brown, of Haverhill, Rev. William Balch, of Bradford, and Rev. John Tufts, of Newbury, officiated at the gathering, or organization, of the church, September i, 1731. Rev. William Johnson, bom in Newbury May 31, 1706, was ordained pastor on the fifteenth day of September, 1731. He died February 22, 1772 and his successor. Rev. David Toppan, -was ordained April 18, 1774. He resigned Septem ber 6, 1792, to accept an appointment as Hollis Professor of Divinity at Harvard College. For six years after the resigna tion of Rev. Mr. Toppan the church was without a settled pastor. Rev. Leonard Woods was ordained December 5, 1798, and served until September 28, 1808, when he was ap pointed Professor of Theology at the Andover Theological Seminary. After an interv^al of nearly eight years. Rev. John Kirby was ordained pastor of the church June 12, 18 16. Meanwhile a new meeting-house had been erected on land •On this map the new meeting-house is numbered 120. See "Ould Newbury," pp. 392,393. t Massachusetts Archives (Court Records), vol. xv., p. 82. 38o HISTORY OF NEWBURY in Woodman's lane, now Maple street. West Newbury. This new house of worship was dedicated January S, 1816. Rev. Mr. Kirby sailed for Charleston, S.C, in 1818, for the benefit of his health. The vessel in which he took passage FOURTH PARISH MEETING-HOUSE. Bi"iLr IN 1S15. RE.MODELLSD AND EnLAKGHD IN 1S56. was wrecked on Ocracoke bar on the coast of North Carolina, and he was washed overboard and drowned December 5, 18 18. The town of Parsons was incorporated February 18, 18 19; but by an act of the General Court passed June 14, 1820, the name of the town was changed to West Newbury, and subsequently, by a vote of the parish, the name of the Fourth CHURCHES AND PASTORS 381 church in Newbury was changed to the Second church in West Newbury. Since that date the pastors of the church have been : — ^ame. Ordained. Dismissed, Rev. Elijah Demond March 7, 1821 September 3, 1826 Rev. Paul Couch March 27, 1827 August 14, 1828 Rev. John Q. A. Edgell September 17, 1832 October 27, 1853 Rev. Davis Foster November i, 1855 September i, 1867 In 1856, during the ministry of Rev. Mr. Foster, the meet ing-house was removed to its present location, near the junc tion of Church street (West Newbury) and the Bradford road. It was remodelled and enlarged ; and on the twelfth day of March, 1857, it was reopened and rededicated to the wor ship of God. June 13, 1872, Rev. Seneca M. Keeler was ordained pastor: he was dismissed February 18, 1878. September 18, 1888, Rev. William Slade was ordained pastor: he was dismissed April 22, 1891. December 2, 1891, Rev. F. B. Noyes was ordained pastor: he was dismissed December 6, 1897. Since that date the church has been without a settled minister. Rev. Elbridge P. McElroy supplied the pulpit from March, 1870, to July, 1 87 1. Rev. M. A. Dougherty, from April, 1879, to January, 1884. Rev. William P. Alcott, from February, 1884, to October, 1886. Rev. F. H. Boynton, from November, 1886, to December, 1887. Rev. C. F. Clarke, from January, 1898, to November, 1899. Rev. George A. Martin, from December, 1899, to March, 1902. FIRST PRESBYTERIAN CHURCH. Two years after the first visit of Rev. George Whitefield to Newbury, a few earnest and devout friends and followers of the great evangelist erected a small house of worship on the easterly side of High street, a few rods from the south erly corner of King street, now Federal street, Newbury port, and employed Rev. Joseph Adams, of Byfield, a gradu- 383 HISTORY OF NEWBURY ate of Harvard College, to carry on the work of the ministry there. Although zealous and faithful, the young preacher was sometimes indiscreet, and failed to win the support and confidence of the people to whom he ministered. November 25, 1745, more than one hundred members of the First Parish church, dissatisfied with the theological views of the pastor. Rev. Christopher Toppan, and the assistant pastor, Rev. John Tucker, signed an agreement to withdraw from communion with that church, and unite with the new society in extending a call to Rev. Jonathan Par sons, of Lyme, Conn., to become their spiritual adviser and teacher. On the third day of January, 1745-6, a few of the sub scribers to this agreement organized a church, and mutually covenanted and agreed "to walk together as a church of Christ according to the rules and order of the gospel." The members of the First Parish church who were opposed to the settlement of Rev. Mr. Parsons in Newbury, and " objected to his officiating on the Lord's day to any of ye Brethren of this and the neighboring churches," appointed a committee,. February 13, 1745-6, to confer with him upon the subject, and also to ascertain from the church at Lyme, Conn., the truth or falsity of some statements that had been circulated in regard to his theological views and the infiuence that he exerted while in the ministry there. Without waiting for the consent or approval of the churches in Newbury, Rev. Mr. Parsons accepted the invitation that had been extended to him by the members of the newly organized society to become their pastor. The installation exercises were simple and impressive. At a meeting called for that purpose March 19, 1745-6, the pastor-elect delivered a sermon appropriate to the occasion. Some letters and testi monials upholding his theological views were read. Then, standing with uplifted hand before the congregation, he said, "In the presence of God and these witnesses I take this peo ple to be my people " ; and the clerk, rising and speaking for the church and the congregation, said, " In the presence of God and these witnesses we take this man to be our minister.'" CHURCHES AND PASTORS 383 Under the law of the province of Massachusetts the mem bers of the new society were compelled to pay taxes for the support of public worship in the parishes where they resided, unless, like Quakers, Episcopalians, and Anabaptists, they obtained permission to attend pubhc worship elsewhere. Al though vigorous efforts were made to amend or repeal the law, the General Court was not inclined to grant the relief asked for. April 7, 1 746, the newly organized church elected six ruhng elders, and in the month of October following admitted thirty-eight members from the Third Parish church without credentials or letters of dismission from that church. These unusual proceedings were followed by the adoption of a reso lution, September 15, 1748, to unite with the presbytery of Boston upon certain specified conditions. These conditions were accepted by the presbyters at a meeting held a few weeks later. In the months of October and November following, several petitions were presented to the General Court asking that the inhabitants of Newbury might be released from the payment " of taxes and charges for the support of any minister of any society except for the support of the minister where they usually attend publick worship." Although William Shirley, then governor of the pro-vince, endeavored to secure for them the privileges asked for, the General Court, after a prolonged hearing, refused to grant the prayer of the petitioners. During the next ten or fifteen years several attempts were made without success to obtain relief from the burden of "double taxation." The struggle was continued until after the adoption of the constitution of the state of Massachu setts ; and some of the questions involved in the controversy were not finally settled and disposed of until June 17, 1796, when the General Court passed " An Act authorizing the First Parish in Newbury to discharge from taxation, for the support of Public Worship in said Parish, such Persons within the limits of said Parish as attend Pubhc Worship in any other Religious Society, and are willing to be subject to taxation in such society." 384 HISTORY OF NEWBURY Meanwhile a larger and more convenient meeting-house was erected on a lot of land on the corner of Chandler's lane, now Federal street, " and a way two rods broad," now School street, Newburyport. J The frame of this new house of wor ship was raised July 5, 1756, and religious services were held in the unfinished building in the month of August folio-wing. The steeple was not completed until three or four years later. Samuel Pettingell, while at work upon it, fell to the ground September 10, 1759, and was instantly killed. The meeting-house is still standing within the territorial limits of Newburyport. The large square pews, the high pul pit, and the sounding-board, hung by rods from the ceiling, have been removed, and other alterations and improvements made, practically transforming the old edifice into a new one. The heavy oak frame, however, still remains undisturbed, sho-wing no signs of weakness or decay. Since the incorporation of Newburyport the church over which Rev. Jonathan Parsons was installed pastor in 1746 has been, and still is, known as " The First Presbyterian Church in Newburyport " ; and its history from and after 1764 is identified with and forms a part of the history of that town.f FIFTH PARISH CHURCH. April 17, 1 76 1, the territorial bounds and limits of the Fifth parish in Newbury were established by the General Court.J At that date services according to the ritual of the Church of England were held only once a month in Queen Anne's chapel, which was located near the centre of the new parish. Early in the month of June, 1761, a few persons in terested in the organization of a Congregational church in that neighborhood met in the chapel without having asked or obtained permission to use the building. Rev. Edward Bass, in a letter dated June 9, 1761, protested against this dis- orderl)' conduct, and subsequently applied for ad-vice and X Essex Deeds, book cxlii., leaf 304. t For a more extended account of the First Presbyterian church see " Ould Newbury," pp. 508-525 ; also. "The Origin and .Annals of ' the Old South * First Presbyterian Church and Parish in Newbur>-port," published in 1S96 by Damrell & Upham, Boston. + See ante^ p. 23S. CHURCHES AND PASTORS 385 assistance to the governor of the province, who recommended the wardens and vestrymen to grant the inhabitants of the Fifth parish liberty to use the chapel when unoccupied until a new meeting-house could be erected, " they disclaiming all right to the church and disavowing the force that has been used by them." This recommendation was consented to and approved by the Society for the Propagation of the Gospel in Foreign Parts, in London, February 19, 1762.* During the folio-wing summer a meeting-house was built on Meeting-house lane, now Noble street, Newburyport ; and July 22, 1762, the Fifth Parish church was organized. Rev. Oliver Noble, the first and only minister of the church, was settled September i, 1762. The society was never very prosperous and for many years maintained a precarious ex istence. Rev. Mr. Noble, in spite of many difficulties and discouragements resulting from some injudicious business transactions, in which he was involved, retained possession of his office until the spring of 1784, when, by mutual consent, a council was called to dissolve the connection between pastor and people. Only two churches responded to the call. The pastors and delegates of the church at Hampton Falls and the church at Greenland, assembled in Newbury for consulta tion and conference, " not as an ecclesiastical council," but as individual churches, unanimously agreed April 28, 1784, that the separation should take place. A few months later Rev. Mr. Noble was ordained or installed minister of the church at Newcastle, N.H., where he remained until his death, December 15, 1792. Religious services were held in the meeting-house of the Fifth parish for several years after the resignation of Rev. Mr. Noble ; but the congregation gradually diminished in num bers, and before the beginning of thq nineteenth century services were discontinued, and the church was practically extinct. In 1808, during a violent storm, the neglected and weather-worn meeting-house was blown do^vn and completely destroyed. Meanwhile the Fifth parish, by the incorporation of New *'*Life and Timea of Edward Bass," by Rev. Daniel D. .\ddison, pp. 65-67. 386 HISTORY OF NEWBURY buryport in 1764, became the Fourth parish in Newbury. A few individuals, anxious to revive and re-establish the Con gregational church in that parish, agreed, January 8, 1807, to build a new meeting-house. They selected a lot of land, owned by Dr. Micajah Sawyer, on High street, near the corner of Poore's lane, or Moody's lane, now Woodland street, Newburyport,* and erected a house of worship that -was dedi cated November 24, 1807. " The Proprietors of a New Meeting House in the Fourth Parish in Newbury " were incorporated by a special act of the legislature passed March 4, i8o8.f The old church was re- ¦vived, or a new one organized, previous to April 2, 1808. Rev. James Miltimore was installed pastor April 21, 1808. The meeting-house was struck by lightning and completely destroyed April i, 1816. A new one was built without delay, and dedicated November 7, 1 8 1 6. In 1 8 19, the town of Parsons, now West Newbury, was in corporated ; and the name of the parish in which Rev. Mr. Miltimore officiated was again changed to the Second parish in Newbury. Rev. John C. March was ordained assistant pastor March i, 1832. After the death of Rev. Mr. Milti more, March 23, 1836, Rev. Mr. March had entire charge of the church and parish until his decease, September 26, 1846. Rev. Daniel T. Fiske was installed pastor August 18, 1847. In 185 1, the parish, with some additional territory, was set off from Newbury and annexed to Newburyport ; and the name of the church was changed to " The Belleville Congregational Church and Society of Newburyport," January 8, 1867, the meeting-house was destroyed by an incendiary fire. A new house of worship was erected during the following summer, and dedicated December 24, 1867. Rev. Dr. Fiske was relieved, at his request, by a vote of the parish in 1887, from some of the burdens and active duties of his office ; but, at the earnest solicitation of friends, he consented to remain as senior pastor of the church, and still retains that position. The fiftieth anniversary of his ordina- * Essex Deeds, book clxxxvii., leaf 172 ; also, book cxciii., leaf 79. t See chap. 86, Acts of 1S07-08. CHURCHES AND PASTORS 387 tion was celebrated by appropriate and interesting public ex ercises September 14, 1897. Rev. Willis A. Hadley was installed active pastor of the church November 30, 1887. He resigned June i, 1891, and was succeeded by Rev. Albert W. Hitchcock, who was in stalled December 15, 1891, and resigned December 8, 1900. The present active pastor, Rev. Richard Wright, was in stalled June 5, 1 90 1. FIRST METHODIST EPISCOPAL CHURCH. Rev. John Adams, commonly called " Reformation John," a minister in the Methodist Episcopal church, and a member of the New England Annual Conference, came to Newbury in 1 8 19 and made many converts, who subsequently became connected with the Salisbury Conference, and assembled for re ligious worship from week to week in a school-house then stand ing on Marlborough street. Rev. Moses B. Lewis, Rev. S. B. Haskill, Rev. Amasa Buck, and other ministers of the Metho dist church preached to those who would listen, and gradually added to the number of converts until the year 1825, when Newbury was made a station by the Salisbury Conference, and Rev. John Adams was appointed to carry on the work of the ministry there. During that year land was purchased and a meeting-house erected in a field on the northwesterly side of Marlborough street, midway between that street and South street, now Bromfield street, Newburyport. The building was completed, and dedicated to the worship of God October 5, 1825.* A few years later Adelphi street, now a continuation of Pur chase street, was laid out, in order to give a convenient and imobstructed way to the meeting-house. Rev. Mr. Adams remained pastor of the church until 1826, when he was succeeded by Rev. Bartholomew Otheman. The ministers who have been stationed there since that date are as follows : — • The Life of " Reformation " John Adams, published 'm 1853, ™1. i., p. 198. 388 HISTORY OF NEWBURY Rev. John Foster in 1827. Rev. Jotham Horton in 1828. Rev. Davis Barker in 1829. Rev. A. B. Kinsman for a part of the year 1830, and Rev. R. D. Easterbrook for the remainder of that year. Rev. La Roy Sunderland in 183 1. Rev. William R. Stone in 1832. Rev. Newell S. Spaulding in 1833. Rev. J. E. Risley and Rev. William Radman in 1834-35. Rev. Fred P. Tracy in 1836-37. Rev. B. F. Lombard in 1S38-39. Rev. Thomas G. Brown in 1840-41. Rev. Amos W'alton in 1842-43. Rev. Horace Moulton in 1844. Rev. Willard Sraith in 1845-46. During Rev. Mr. Smith's pastorate the meeting-house was raised, remodelled, painted, and a new vestry built in the base ment. It was subsequently moved back ten or fifteen feet from the street, the stainvay and vestibule enlarged, and other needed improvements made. Rev. John M. Merrill was pastor of the church in 1847-48, Rev. Wilham R. Stone in 1849, Rev. Nathaniel J. Merrill in 1850, and Rev. William Gordon in 1851. March 5, 1827, John Adams, Cutting Pettingell, Josiah P. Noyes, Joseph L. Thurlow, of Newbury, Elias French and Caleb Pike, of Salisbun,-, and Benjamin Brown, of Newbury port, were incorporated "Trustees of the Methodist Episcopal Church of Newbury and Newburyport." The meeting-house was built in that part of Newbury which was annexed to Newburyport in 1851. The legal name and title of the church was subsequently changed to " The People's Metho dist Episcopal Church of Newburyport." It is still flour ishing and prosperous under the pastoral care of Rev. Henry G. Alley ; but the details of its growth and influence since 1 8 5 1 are not given in this sketch, as they do not properly belong to the history of Newbury. CHURCHES AND PASTORS 389 SOCIETY OF FRIENDS. Members of the rehgious society, or sect, commonly called Quakers visited Newbury at a very early date, on their way to other towns in Maine and New Hampshire. In 1663, Lydia Wardwell, of Hampton, N.H., -was sentenced by the court at Salem to be severely whipped "for coming naked into Newbury meeting house," and at the same court John Emery was indicted " for entertaining Quakers " at his house in Newbury.* The Society of Friends held "quarterly meetings" in Hampton as early as 1697, and "monthly meetings" in 1699.1 In 1 70 1, they built a meeting-house in that town, and mem bers of the society residing in Salisbury, Amesbury, and New bury, as well as Hampton, assembled there on the first day of the week for public worship.^ Judge Sewall wrote in his diary. May 23, 1704, "Went early to Salem, convers'd with M"^ Noyes told him of the Quaker meeting at Sam Sawyers a week ago, profaneness of the young Hoags professing that heresy." § Samuel Sawyer was a son of William Sawyer, one of the early settlers of Newbury ; and " the young Hoags " were sons of John Hoag, who married April 21, 1669, in Newbury, a daughter of John Emery. In 1705, a meeting-house was erected in Salisbury, new to^vn, now Amesbury, for the better accommodation of the Quakers residing there and in the neighboring towns. || At the " Friends Monthly Meeting " held at Amesbury in the year 1714 the members of that association were granted liberty to meet in Newbury " every 3^ first day y* week in every month." ^ After that date, meetings of the society were frequently held in Newbury in private houses. In 1743, a meeting-house was erected on the southwesterly side of the *See anie, chap. Ill, pages 124, 150. t History of Hampton (Dow), vol. i., p. 393. J History of Amesbury (Merrill), p. 150. § Samuel Sewall's Diary, vol. ii., p. 102 (Massachusetts Historical Society Collections, Fifth Series, vol.vi.). II History of .Amesbury (Merrill), p. 156. H Ibid., p. 166. 390 HISTORY OF NEWBURY country road, now High street, Newburyport, between Moody's lane, now Woodland street, and Pillsbury's lane, now Ashland street. June 6, 1743, Stephen Sawyer, " In consider ation of that good will & affection which I bear to my well respected Friends Robert Rogers, Daniel Sawyer, Stephen Sawyer, Jun., yeomen & Samuel Fowler, Richard Collins, Hezekiah Collins & Samuel Coker, shipwrights & Humphrey Sawyer & Hathorn Coker, Jun., Blacksmiths, all of Newbury," conveyed to the persons above named the land on which the meeting-house was built.* Stephen Sawyer was a brother of Samuel Sa-wyer, at whose house the Quaker meeting was held in 1704. He was bom in Newbury, April 25, 1663, and married Ann, daughter of William Titcomb, March 10, 1687. By his will dated Febru ary 20, 1753, and proved July 23, 1753, he gave his dwel ling-house " on the country road," with about forty acres of land adjoining the same, to his sons Daniel and Enoch Sawyer. f Samuel Coker, ship\vright, and Hathorn Coker, jr., black smith, named in the deed of conveyance from Stephen Sa-wyer, were owners or part o\vners of about three square rods of land, now known as the Quaker burying-ground, on Washing ton street, Newburyport, which \vas originally a part of the bequest made by Richard Bartlett in his will, dated April 19, 1695, to his daughter, Tirzah Bartlett, who subsequently married Hathorn Coker. J On the land owned by Stephen Sa-wyer, on the south- * Essex Deeds, book Ixxxvii, leaf 263. t Probate Records, book cccxxxi., leaf 429. X William 'ritcomb was appointed guardian of Tirzah Bartlett in 1698. He was discharged from the care of her estate February 3, i/ofi-g, " she having become of age, and married Ha thorn Coker " (Essex Probate Records, book cccx., leaf 114). After her death, suit was brought in the Court of Common Pleas for Essex County by Hathorn Coker, Samuel Coker, and others, to recover possession of about four acres of land on the southerly side of Merrimack street, extending nearly to High street. The writ was returnable at the court held in Newburyport the last Tues day in September, 1767. -\n agreement was then made " to dock the entail"-, and March 23, 1768. an indenture for the division of the Coker field, so called, was duly executed. " It \%^s then Covenanted and agreed that nine rods of the premises being three rodB Square at the north west Comer thereof shall be and enure to the use of the Several Persons to whose use the Residue of the premises as before mentioned is to be recovered for a Burying Place for them and their heirs forever, for themselves and their Families who shall have Liberty to paas and repass thereto forever" (Essex Deeds, book cxxv., leaf 91). April o, iSoQ, Washington street, extending from Winter to Boardman streets, was laid out by the selectmen of Newburyport, and accepted by the inhabitants of that town at a meeting held CHURCHES AND PASTORS 391 westerly side of High street, several members of the Sawyer family were buried previous to 1743. On the crest of the hill, in the rear of the meeting-house lot, a few worn and dilapidated gravestones are still standing. The only inscrip tion now legible reads as follows : — HERE LYES Y' BODY OF ELIJAH SAWYER SON OF DANIEL & SARAH SAWYER WHO DIED NOVEMBER 4, 1720 AGED 12 WEEKS. Daniel Sawyer was also a son of Stephen Sawyer. He was born January 28, 1689, and married Sarah Moody, April 2, 1 7 14. He was one of the grantees named in the deed of conveyance from Stephen Sawyer to the Society of Friends in 1743. In the division of his father's estate he came into possession of about twenty-five or thirty acres of land ad joining to and including the family burjing-ground.* The meeting-house erected by the Society of Friends wras a plain, unpretentious structure, about thirty feet -wide, forty feet long, and two stories high. Religious services were held in the lower story, and occasionally the upper story was util ized for the same purpose. In the month of June, 1825, Paul Adams, of Newbury, and Stephen Sawyer and Robert Brown, of West Newbury, " being a committee of the Society of Friends in Newbury," duly au thorized to sell the Friends' meeting-house and ground under May 12, 1800. The entrance to the burying-ground is from the southwesterly side of Washington street. A low granite monument, that marks the enclosure, bears the following inscription : — THE FAMILY CEMETBRY OF HARTHORN COKER WHO WITH MANY OF HIS DESCENDANTS LIE BURIED HERE JUNE 5, 1865. * Subsequently, Orlando B. Merrill, guardian of Elijah Sawyer, sold a part of this land to Moses L. Atkinson (Essex Deeds, book ccxxv. , leaf 244) ; and March 31, 1821, Enoch Plumer sold to the said Moses L. Atkinson about six acres additional land, ' ' from which is to be deducted the quantity now improved as a burying ground, being about twenty rods" (Essex Deeds, book ccxxxvi., leaf 80). November 6, 1855, John M. Atkinson sold to Eben Griffin about ten acres of land on North Atkinson street in Newburyport, "Reserving the Sawyer Burial Ground, so called, upon said lot" (Essex Deeds, book dxxi., leaf 269) . 392 HISTORY OF NEWBURY and adjoining the same, " the said Paul Adams also being an overseer of said society, chosen by the Seabrook Monthly Meeting," gave to Josiah Little, of Newbury, a quitclaim deed " of the lot of ground on High street in said town on which the Friends meeting house now stands," with the building thereon, " being the same land which the Society of Friends have oc cupied for a meeting house lot for eighty years past." * At or soon after that date a meeting-house was built just beyond the limits of Newbury, in the neighborhood of Turkey hill, for the use of the Society of Friends. March 4, 1829, Robert Brown, of West Newbury, " in consideration of that good will & affection I bear to my well respected friends Ed ward Gove, Jun. and Ezekiel Jones, overseers of the Society of Friends in Seabrook Alonthly Meeting " conveyed to the said overseers, and their successors in oflfice, land in West Newbury on which a meeting-house was then standing, " so long as the said society shall improve it for a meeting house and hold a meeting for the worship of God." f May 21, 1855, Josiah Little, of Newburyport, sold to " David Sawyer and Robert L. Brown, overseers of the So ciety of Friends in West Newbury," about one acre of land " on the road leading from Newburyport to West Newbury by Turkey Hill," which has been since that date used by the members of the society as a burying-ground. :{: A private school was kept by Miss Upham for several years in the meeting-house on High street after it came into the possession of Josiah Little, Esq. The second quarter of the school was advertised in the Newburyport Herald "to commence August 31, 1S25." Miss LTpham was a sister of Thomas C. Upham, Professor of Mental and Moral Philosophy in Bowdoin College, Bruns wick, Me. In 1827, she announced that "The French and Italian languages. Painting and other branches of Education usual in Female Seminaries " § would be taught in her school at Belleville. Some years later the old meeting-house was used as a ves- • Essex Deeds, vol. ccxxxviii., leaf 141. t Ibid., vol. cclii., leaf 239. tIbid., vol. dlxiv., leaf =Si. § See advertisement in Newburyport Herald. .April 3, 1S27. CHURCHES AND PASTORS 393 try for the Fourth Parish church in Newbury, now the Belle ville Congregational church of Newburyport. In 1857, it was removed to a lot of land on the northeasterly side of the ferry road, a few rods in a southeasterly direction from Meeting-house lane, now Noble street, Newburyport, and con verted into a dwelling house to take the place of one — owned and occupied by Mr. Charles Bartlett — destroyed by fire Feb ruary 24, 1857. It is still standing, and is now the property of Mr. George A. Menut, Newburyport. METHODIST EPISCOPAL CHURCH IN BYFIELD. In 1827, Rev. William French, of Sandown, N.H. , -visited Newbury, and induced some of the people li-vdng near the "Great Rock" to form a class for the study of the Bible, with special reference to the doctrines and principles of the Christian religion as taught by the Methodist church. For several years he came at regular stated intervals to aid and assist in the work, and encourage the weak-hearted and despondent. In 1830, a small chapel was built near the "Great Rock," and services were held there on Sundays by Methodist preachers from the neighboring towns. In 1831, Rev. Philo Bronson was appointed to the work of the ministry there by the New England Conference. In 1832, Rev. Joseph Brown supplied the pulpit for three or four months, and Rev. Thomas W. Gile for the remainder of the year. The church as well as the parish was organized during the pastorate of Rev. Mr. Gile, under the name of " The First Parish of the Methodist Episcopal Church for the towns of West Newbury and New bury," and Micajah Poor was chosen clerk. Rev. Samuel W. Coggshall was appointed pastor of the church in 1833. He was succeeded by Rev. Hezekiah Thatcher, who remained in charge of the parish until 1838. After that date, services were conducted by occasional preachers from Ipswich, Rowley, Salisbury, and other towns in the neighborhood until 1 846, when the church was placed in charge of the officers and members of the Methodist so- 394 HISTORY OF NEWBURY ciety in Newburyport, and a vigorous effort was made to in crease and strengthen its work and influence. In 1855, during the pastorate of Rev. John L. Trefren, the chapel was removed to its present location, near the Boston & Maine Railroad station, in Byfield parish, Newbury, and subsequently remodelled and enlarged.* Most of the minis ters appointed to carr)' on the work in the new chapel, follow ing the rule or custom of the Methodist church, remained only one year. Several, however, were retained for a longer term of service. Rev. O. S. Butler occupied the pulpit from 1858 to 1861 and again from 1863 to 1866. In 1868, during the pastorate of Re-^-. Garret Beckman, the church was again remodelled and enlarged. Rev. William W. Bowers was appointed pastor of the church April 14, 1900, and still retains that oflfice. In the month of September, 1901, the meeting house was removed and a new one erected on the same site. It was dedicated to the worship of God, Sunday, June 15, 1902. * Land was purchased July 24, rSss, and March 21, 1859. (See Essex Deeds, book dxvii., leaf SS; book dbcxxiv., leaves 299, 300.) CHAPTER VII. SCHOOLS AND SCHOOLMASTERS. Anthony Somerby came to New England in 1639 in the ship " Jonathan." * He was probably the first school-teacher employed by the town of Newbury. There was granted unto Anthony Somerby in the year 1639 for his encouragement to keepe schoole for one yeare foure Akers of upland over the great river in the necke, also sixe Akers of salt marsh next to Abraham Toppan's twenty akers, the which twenty Akers lyes on the south side of it.f Soon after the removal of the inhabitants of Newbury from Parker river to. the new settlement on Merrimack river, Anthony Somerby was chosen town clerk, which oifice he held for more than thirty-eight years. The new meeting-house erected "upon a knowle of upland by Abraham Toppan's barne " was used as a school-house imtil a more suitable building was provided. Taxes were assessed for the main tenance and support of the school, which was established by vote of the town, and placed under the supervision of the committee named in the following certificate : — At a town meeting Nov. 29 i6j2 There was voted by the major part of the towne that there should be a convenient house built for a schoole. There was also voted that there should be twenty pounds a yeare allowed for to maintaine a schoolmaster out of the Towne rate. There was also voted that M' Woodman, Richard Kent, Jun"-, Lieut: Pike & Nicholas Noyes should be a committee for manageing of the business of the the schoole &c At a generall meeting of the town May 14, 1653 (?) there was ordered & voted that the towne should by an equall proportion according to mens estates by way of rates pay foure and twenty pounds by the yeare * New England Historical and Genealogical Register, vol. xxxii., p. 411. tTovra of Newbury Records, p. 34; also. Proprietors' Records, p. 47. 395 396 HISTORY OF NEWBURY to maintain a free schoole to be kept at the meeting house & the master to teach all such inhabitants children as shall be sent to him so soon as they know their letters & begin to read. .K true coppy taken out of the Towne Book pr Anthony Somerby.* The General Court, in order to encourage and promote the dissemination of knowledge, ordered, November 11, 1647, every town having fifty householders to appoint a suitable person to teach reading and writing in that town, and further ordered. . . yt where any towne shall increase to y= numb"- of 100 families or household" they shall set up a grafner schoole, y= m"- thereof being able to instruct youth so fair as they may be fited for ye University, prvided yt if any towne neglect ye pformance hereof above one yeare, y' every such towne shall pay 5^ to y next schoole till they shall pforme this order, t For non-compliance with this law the inhabitants of New bury were compelled to answer at the court held at Ipswich May 6, 1658. Xewbury upon their presentment for want of a latin scoole is to pay five pounds to Ipswich lattin scool, unless they by the ne.xte court provyde a lattin scoole master according to law. j Whether the fine imposed by the court was paid or a "lattin scoole master " employed within the time named is uncertain, as the town records for several years subsequent to that date have been lost or destroyed. At a legal meeting of the inhabitants of Newbury held October 5, 1675, "it was voted to have a schoolmaster got to teach to write & read & c}-pher & teach a gramer schoole " ; § and, November 10, 1675, the selectmen voted "That whereas the Law requires that our Towne should maintaine a Cram mer schoole & a schoole master to teach to recite & read, the Selectmen agreed with Henry Short to be the schoolmaster and to have for this first halfe yeare five pounds to be paid out of the Towne Rate and to have sixpence a week for every scholar." § • Ipswich Court Files, vol. iv., leaf 2t. t Massachusetts Colony Records, vol. ii., p. 203. J Ipswich Court Records, vol. i., leaf 68. STown 01 Newbury Records. SCHOOLS AND SCHOOLMASTERS 397 June 21, 1676 the selectmen agreed with Henry Short to keep schoole for this yeare from the first Day of May last past (which time untill now he hath taught children) & he is to teach untill the first day of May next & the selectmen Do engage to pay him ten pounds out of the next Towne Rate and if the number be about twenty scholars & upwards he is to teach them at the watch house.* At a legal meeting of the inhabitants of the town held September 21, 1677, Daniel Pierce, jr., and Nicholas Noyes were chosen " to get a schoolmaster and agree with hdm to teach children, and the Towne voted for in couragement to give twenty pounds for a yeare besides what they shal agree upon for the children that shall come to schoole to him." * November 22, 1678, the town again voted to give twenty pounds a year to maintain the schoolmaster, and April 1 3, 1680, voted to pay twenty pounds out of the town rate "to M"" Emerson for to keep school." In answer to the petition of several of the inhabitants of Newbury the General Court authorized the selectmen of the town, June 11, 1680, to raise the sum of sixty pounds annually " for the encouragement of learning & Maintenance of the schole master there." f Taking advantage of this order of the court, Mr. Emerson demanded an increase of salary ; but the town answered that it had no further use for his services, and dismissed him. On the fourteenth day of September fol lowing, a committee was appointed to see if he would accept twenty pounds a year for keeping the school. He declined the offer, and claimed that the notice of dismissal was illegal.^ October 13, 1680, the General Court ordered that Mr. Emerson should continue to be schoolmaster at Newbury until the next session of the court, and that threescore pounds should be paid him for his services. § The town, however, voted to employ Mr. Baily to keep a school in the watch- house, and appointed a committee to settle with Mr. Emerson, if possible. The question of salary could not be satisfactorily adjusted, although repeated attempts were made to accomphsh *Town of Newbury Records. t Massachusetts Colony Records, vol. v., p. 272. {Town of Newbury Records; see also " Ould Newbury," p. 105. § Massachusetts Colony Records, vol. v., p. 299. 398 HISTORY OF NEWBURY that result. At a town meeting held May 4, 1681, the sub ject was again considered. Sergeant Tristram Coffin and Joseph Pike were desired by the Towne to treat with Mr John Emerson about his wages for keeping schoole this last yeare past from May in the yeare 1680 untill this present May: whereupon the said M"- Emerson did promise and engage to us above mentioned that in case the Towne pay or give security for the payment (to the said M"^ Emerson) of twenty pounds in merchantable corne or mault by the twentieth of this Instant May, and by the last of October next forty pounds more in the like merchantable come & mault that the said M"- Emerson do engage to desist from keeping schoole in Newbury forthwith upon such engagement. This proposal or agreement was accepted without further delay, and the following order was then adopted : — The Towne having heard & received Mr Emersons answer to the said Sergeant Coffin & Joseph Pike do consent thereunto and do hereby grant the same and do hereby order and empower the Selectmen to make a rate of sixty pounds for the settlement [with] M"- Emerson according to the said agreement, to be levied on the Towne in part, and the rest on the schoUars that have been Instructed by the said M"- Emerson this last yeare, according to theire discretion.* The following petition was presented to the General Court for the repeal of the order requiring the town of Newbury fo raise the sum of sixty pounds annually for the support of a schoolmaster. To the Honoured Generall Court now assembled at Boston May 11, 16S1. The Humble petition of the Selectmen of Newbury in the behalf of the Towne Humbly Sheweth That whereas this Honoured Court was pleased to order our Town to pay sixty pounds pf Annum to a schoolmaster this may certify this Honoured Court that according to their order wee have taken a course for the paying of the said sixty pounds unto Mr Emerson who was then in the place to his satisfaction. And the Towne hath agreed with a schoolmaster and taken order for his maintenance, who is an able ortho dox man. Therefore wee humbly desire this Honoured Court that they wil bee pleased to repeale the order for the payment of the said three score pounds pr Annum and leave our Towne to the same Liberty to make a bargaine for a school as the rest of the Townes in the Country • Town of Newbury Records. SCHOOLS AND SCHOOLMASTERS 399 are, we are all now agreed and if that order should stand we feare it may make a breach amongst us, not doubting but that you will be pleased to consider and grant our humble request we humbly pray Nicholas Noyes ^ Samuel Plumer Granted by the deputies Joseph Pike J- Selectmen* Consented to by the magistrates George March Edward Rawson Secretary MosES Gerrish In ansr to the petition of Nicholas Noyes, Samuel Plumer &c select men of Newbury, humbly desiring that, being agreed, the late order for the payment of sixty pounds p anna to their then schoole master, may be repealled, the Court judgeth it meet to grant the pericon.f A statement of Mr. Emerson's account, with the following voucher, was recorded, with other transactions of the town, a few months later: — Received of Joseph Pike constable of Newbury according to accord ing to the severall sums above mentioned, the full and just summe of an hundred & ten pounds in satisfaction in full for whatsoever is due to me from the towne of Newbury for keeping schoole in the said towne of Newbury, and I do hereby acquit & discharge the said Constable & Towne from all debts & demands on that account from the begining of the world to this present day dated February 22, 168 1-2 As witness my hand Jno EMERSON.t On the ninteenth day of October, 168 1, the town of Newbury voted "that the selectmen shall make a rate of twenty pounds for the Towne pa!y' for Mr Baily. And that the yeare begine for M"" Baily schooling this day October 19, i68i."§ Mr. Baily was probably employed as schoolmaster until his successor, Mr. Edward Tomson, was appointed. In 1684, there was due from the town of Newbury " To M"' Edward Tomson for keeping school this year £-^0." § March 28, 1687 The Towne voted that y selectmen should agree wth M"- Tompson to keepe scoole for the Towne one quarter of a year from this time, provided he will be pleased to keepe ye schoole y= s^ •Massachusetts Archives, vol. Iviii., p. 107. t Massachusetts Colony Records, vol. v., p. 316. X Town of Newbury Records. Mr. Emerson subsequently taught school in Salem from 1699 to 1712. (See Felt's Annals of Salem, p. 354.) § Town of Newbury Records (16S0-92). 400 HISTORY OF NEWBURY quarter of a yeare for seven pounds & ten shillings. Ye scholars to pay pr week as formerly.* September 6, 1687, The Towne considering the great advantage «& benefit that have been & may be to ye Towne by promoting of Leam- ino- among us do desire ye Revnd Mr Richardson and ye selectmen to procure an able schoolmaster for us for ye Teaching of children to Read write & cipher and to ffit them for the CoUedg and for ye [maintenance] of a schoolmaster we do promise to give twenty pounds for ye first yeare in good country pay, besides what the schollers shall give, and also five pounds for this yeare to each end of ye Towne to be disposed of by ye selectmen according to y discretion to such schoolmasters as shall be improved for ye teaching of children to Read, write & cipher. But if ye ends of the Towne shall neglect to procure a schoolmaster to teach to reade, write & cypher as afores^ that then ye whole thirty pounds shall go to ye Latin schoolmaster.* On the eighteenth day of October following, the committee, consisting of Rev. Mr. Richardson and the selectmen, re ported as follows : — Whereas ye Towne of Newbury at a meeting of they"^ Sept. 6 last past did imploy us ye subscribers a committee for ye procuring of a school master as in the said vote may appear : We have accordingly now agreed wth M"- Seth Shove to be ye lattin schoolmaster for ye Towne for this present year & to performe s^ worke of a Lattin schoolmaster for read ing, writing and cyphering according to s"! vote. Jno Richardson Daniel Pearce Tristram Coffin NATHt- Clarke Richard Bartlet Joseph Bayley.! December 25, 1689 voted that M^ Seth Shove should have twenty pounds for this last y for keeping schoole & after y' proportion if he hath kept schoole above a yre since the first year.J April 22, 1 690 the Towne voted to give Mr Seth Shove twenty five pounds in Townes pay for this present year & the pay of the schollers according to custom, provided he keeps a Lattin schoole amongst us according to Law and a schoole for teaching to rede, wright & cypher.t In May, 1691, the town voted to pay Mr. Seth Shove thirt)' pounds upon the following conditions, namely, that for *Town of Newburj' Records (16S0-92) , vol. ii., p. 71. t Town of Xewbury Records ; " Ould Newbury," p. 107. + Town of Ne\vbur\' Records. SCHOOLS AND SCHOOLMASTERS 401 one year he would teach "readers free, Latin scholars six pence per week, writers and cypherers four pence per week, to keep the school one third part of the year at the middle of the new towne, one third part at the school house, and the other third part about middle way between the meetmg house and old town ferry." * May 10, 1693 voted that Mr. John Clarke be called to assist Mr Richardson in the work of the ministry at the west end . . . and also to keep a grammar schoole.* At a meeting of the legal voters of the town held March 26, 1694, a petition presented by "Cap' Dan" Peirce, Esq., Cap' Thomas Noyes, Lieu' Moses Gerrish, M' Joseph Wood- bridge, M'^ Nathaniel Coffin & Benjamin Morse in the behalfe of them selves & neighbors for liberty to erect a little house by the Rock between the end of Cap' Noyes lane & M"' Woodbridge for the accomodation of a good & sufficient schoole dame " || was granted upon condition that the land should revert to the town if the building was used for any other purpose than a school-house. This land was laid out by the lot-layers July 24, 1704, "upon the little Hill between the end of L' Col. Noyes his lane & Mr. Woodbridges house according to s"* grant as it is bounded w"" the comon on every side being about forty foote square." f June 5, 169s, Mr. Christopher Toppan was invited to assist Rev. Mr. Richardson in the work of the ministry ; and the town voted to give him " thirty pounds a year so long as he shall keep a grammar and a writing schoole, the scholars to pay as they did to M"' John Clarke." * July 29, 1696 for the encouragement of M' Nicholas Webster for keeping of a Gramer school heer in Newbury the Town voted to give to him the said M' Nicholas Webster thirty pounds for one year in country pay, provided he demand but four pence per weeke for Lattin schollers and teach all the Towns children that come to him to read write & cipher freely, without pay.* May II, 1697 voted that the agreement made with Nicholas Webster July 29, 1696 about keeping school be renewed for the year ensuing.-* * Town of Newbury Records. tTown of Newbury (Proprietors') Records, p. 31. 40.2 HISTORY OF NEWBURY December i8, 1699 Lieu' Coffin, Lieu' Noyes & Dec" William Noyes were desired to discourse w'h M"- Toppan & Mr Richard Browne for Mr Browne to preach a lecture once a month & once every sacram' day and to keepe ye Grammer Schoole and to help M' Toppan or Mr Bel cher in preaching in case of sickness, and if Mr Browne accept of the call, then to give Mr Webster a quarter of a years warning to Leave ye schoole.* Mr. Richard Brown was employed March 18, 1 700-1, " to keep the Grammer Schoole for the year ensuing on the same conditions as last year " ; and two years later his salary was fixed at thirty pounds per annum.* March 7, 1709-10, the inhabitants of Newbury voted to employ Mr. Brown to keep the grammar school for another year, and the selectmen were authorized to expend twenty pounds at their discretion " for y'' promoting of writing & cy phering in the remote parts of y* Town." * March 13, 1710-1, Mr. Brown was again engaged to keep the grammar school ; and it was also " voted that he is to have liberty to leave it when he pleases." * The same day he was re-elected town clerk. In the month of October following, having decided to remove to Reading, where he was after wards ordained as a minister, he wrote on a fly-leaf of one of the town books as follows : — I have served Newbury as schoolmaster eleven years and an half and as town clerk about five years and have been repaid with abuse, con tempt and ingratitude. I have sent nigh as many to college as all the masters before me since the reverend and learned Parker. Those I have bred think themselves better than their master (God make them better still) and yet they may remember ye foundation of all their growing greatness was laid in the sweat of my brows. I pray that poor unacknowledging Newbury may get them that may serve them better and find thanks when they have done. If to find a house for ye school two years, when ye town had none, gratis, if to take the scholars to my own fire when there was no wood at school as frequently, if to give records to the poor, and record their births and deaths gratis deserves acknowledgements, then it is my due, but hard to come by. Est aliqua ingrato meritum exprobare voluptas Hoc fruar, haec de te gaudia sola feram. R. BROWN.f • Town of Newbury Records. t See Record of Births, Marriages, and Deaths in the town of Newbury for the years r63S-i735. SCHOOLS AND SCHOOLMASTERS 403 October 9, 1711 Mr. Joshua Moody was chosen to keep ye Gramar School ye remainder of ye present year . . . also voted that ye gramar school be removed to Greenleafs Lane or near there abouts provided a convenient place be forthwith provided by ye selectmen and the master be willing to keep it there until the town meeting in March next.* March ii, 1711-12 voted that a house for ye keeping ye Gramer school in, shall be biit and set up near ye middle waye, between ye old school house & ye little old house now standing by ye way near frog Pond and that the Gramer schoole master shall have fifteen pounds in money and fifteen pounds as money for keeping the Schollers to learn Lattin & to write & cypher for the year ensuing.* March 10, 171 2-3, John Woodbridge, son of Rev. John Woodbridge, was chosen to keep the grammar school at a salary of twenty-five pounds.* He was elected annually for eighteen years. In 171 8, his salary was raised to forty pounds per annum, and in 1719 sixty pounds additional was raised "for maintaining schools in the remote parts of the town."* March 9, 1730-1, the town voted that Mr. John Woodbridge " shall have forty five pounds for his service and shall have none but Latin scholars." * Reading and writing schools for the instruction of children living in the Second parish in Newbury were established February 12, 171 6—'/ ; and the assessors were authorized " to agree with four schoolmasters to teach to ^vrite and cypher, and to keep schoole in four places in the precinct, viz : one below Artechoak River and one neere the meeting house, one neere Joseph Hills and one neere Capt Hugh Marches, each schoole to have an equal share of the ten pounds which is allotted by the Town for y= schools." f After the organization of the Third parish in 1725, the town voted March 11, 1728-9, to raise for the maintenance of schools in the First parish thirty pounds, for the Second parish thirty pounds; and for the Third parish, the same amount ; " also fifteen pounds for Newbury's part of the Falls parish." * At that date schools were kept in private houses, or in other buildings conveniently located, as well as in the school- ** Town of Newbury Records. t Newbury (Second Parish) Records, p. 53. 404 HISTORY OF NEWBURY house then standing near the First Parish meeting-house. In 1 69 1 Mr. Seth Shove was employed to teach "at the new town " one-third of the year, " at the school house " one-third of the year, and at a place, to be agreed upon, " between the meeting house and old town ferry," for the remainder of the year. Subsequently the amount appropriated annually by the town for the support of schools was divided among the parishes, and they were authorized and instructed to provide convenient school-rooms and suitable teachers. April 22, 1729, the inhabitants of the Second parish voted " to hire a gramer school master to keep school in y= parish and to keep ye school half ye year at y'= easterly end of y° parish as neer y middle, between Indian river and Thomas Bartlets as may be, and y^ other half of y' year as neer y^ middle of y= West part of y" parish, between Indian river and Bradford, as may be." * At a meeting of the inhabitants of the First parish held March 13, 1729-30, it was voted that the school be kept in the First parish, at the usual place, for nine months, until the last day of November, at the " old town " for the next two months (December and January), and at the " Farms " for the month of February.! March 17, 1729-30, the inhabitants of the Third parish voted to build a school-house on High street, between Fish, now State street, and Queen, now Market street, Newbury port. J Evidently, the arrangements made in some of the parishes were not satisfactory to the legal voters of the town ; and the location of the schools was frequently criticised and con demned. It was voted May 12, 1732, "that ye grammer scool shall be kept at y^ Towns house by y= meeting House in y' first parish, this year." Voted March 13, 1732-3 that the school house now standing neer ye meeting House in ye first parish is given to those that live remote in said parish, provided they will repair it & keep it so, for them to keep in on Sabath days.§ ** Newbury (Second Parish) Records, p. 65. + Newbury (First Parish) Records. + '* l'>uld Newbury," p. 433. §Town of Newbury Records. SCHOOLS AND SCHOOLMASTERS 40S Stephen Sewall was chosen schoolmaster March 13, 1732—3 ; and the town voted to keep the grammar school " for the ensuing year at or near Chandlers lane." * March 12, 1733-4 voted to raise forty pounds toward ye support of a gramer scoole master for ye year insuing to be kept on ye west side of Artechoak River & to be a free scoole for lattin scoUers & no other use, provided some suitable persons in that part of ye Town do git a suitable person as y* Law directs to keep said scoole for this Towne & take care sd scoole be well & faithfully kept, ect. and if ye people above Arte choak River do not timely provide a man to keep scoole as above said, then ye selectmen are desired to provide a gramer scoole master for ye Tovrae for ye year insuing.* March 11, 1734-5, the town voted to pay forty pounds toward the cost of keeping a grammar school at Newbury Falls (Byfield) ; and March 9, 1735-6, a hke sum was voted for the support of a grammar school between Chandler's lane and John Weed, jr.'s, house.f The location selected for the last-named school was e-vidently unsatisfactory. On the tenth day of May following the town voted to pay forty pounds " to y^ inhabitants of y° first parish, provided they get & keep a good & suitable man to keep a free gramer school, in such place or places in said parish as they shall agree, the year ensuing." * The inhabitants of the Third parish were granted forty pounds March 8, 1736-7, "pro-vided they do procure a suitable man for to keep a free scoole for the Towne for y' year insuing." * For twenty-five or thirty years after that date the grammar school was annually changed from parish to parish, in order that all who desired to attend might have opportunity. June 2, 1742, the town voted that the school "shall be kept in y" scool House near y' meeting House in y= first parish," and on the twenty-second day of September following voted that " it shall be kept in the third parish y= year ensuing at y= charge of this town." * May IS, 1744 voted that ye gramer school shall be kept this year at such place or places as may best acomodate ye second & fourth parishes. * •Town of Newbury Records. t John Weed's house was on the southwesterly side of High street, nearly opposite the head of Lime street, Newburyport. (See " Ould Newbury," pp. iss-'sS) 406 HISTORY OF NEWBURY May 14, 1745 voted that the gramer school be kept in the first parish for one year ne.xt ensuing.* May 26, 1746 voted that ye gramer school shall be kept in ye 3d parish ye year insuing.* May 19, 1747 voted that the Gramer School be kept until March ne.xt in that part of Byfield parish as may be most convenient for the inhabitants thereof.* March 8, 1 747-8 voted to employ a suitable person to teach the gramer school in the second & fourth parishes for the year insuing.* May 14, 1752 voted to continue the town school at Byfield until the inhabitants of that parish, in the judgment of the selectmen, have had their proportion of the money appropriated.* March 13, 17S--3 voted to provide a school for reading and writing to be kept in the first parish this year, in the second parish next year, and in the third and fourth parishes the years next following : also voted that the grammer school be kept in the most convenient place for the town, and that the selectmen be instructed to provide a good place and a good teacher.* October 20, 1 763 voted to build a house to keep the Gramer School in at or near the head of Fish street.* March 9, 1779 voted that the unanimous thanks of the town be given to Samuel Moody, Esq. for his generous donation of one hundred pounds at this time, and of twenty pounds some time past for the purpose of a growing fund for a grammar school being in the town for the instruction of youth.* In 1792 the town was divided into school districts; and a committee, consisting of Ebenezer March, Estj., Stephen Hooper, Esq., Dudley A. Tyng, Esq., Enoch Sawyer, Esq., and Mr. Jeremiah Pearson, with the ministers and selectmen of the town, was appointed to supervise and inspect the schools. At the annual meeting held March 13, 1792, the overseers of the poor were instructed to provide clothing for destitute children, and also for their regular attendance at the public schools. The school-houses erected in Newbury previous to the Revolutionary war were square wooden buildings, with win dows on all four sides. They were well and substantially built, with a low, hip roof, and a door opening from the street into the school-room. The teacher's desk was on a raised platform nearly opposite the door; and the benches •Town of Newbury Records. SCHOOLS AND SCHOOLMASTERS 4°? on which the scholars sat were arranged in rows at the right and- left of the desk, facing the stove that stood in the centre of the room, between the teacher's desk and the door. Pupils attending school paid sixpence weekly, in addition to the amount appropriated by the town or parish for the support of the schoolmaster. Young beginners were taught to read and spell from hornbooks imported, probably, from England. These books consisted of a single leaf or page, on which the alphabet, the syllables "ab, eb, ib, ob," etc., the benediction, and the Lord's Prayer were printed. To a thin piece of wood, four or five inches long and two inches wide, with a short handle at the lower end, the printed page -was securely fastened, and covered with a thin sheet of horn, through which the letters could be seen and read. A narrow strip of brass, nailed to the edges of the wood, held the horn in place. From these hornbooks children learned the letters of the alphabet at home, and then were sent to school to learn to read and spell. Judge SewaU, in his diary, under the date of April 27, 1 69 1, wrote as follows : — This Afternoon had Joseph to school to Cap' Townsend's mother's, his Cousin Jane accompanying him, carried his Horn-book.* The first edition of the New England Primer was published probably in 1695. It rose rapidly in popular favor, and before the middle of the eighteenth century it had practically supplanted the hornbook in the schools of Newbury. Many editions of this favorite text-book were published in Boston, New York, Philadelphia, and elsewhere, including one by John Mycall, of Newburyport, in 1795. It contained, in addition to the alphabet, a table of easy syllables, a morning and evening prayer for children, grace to be said before meat, and the familiar rhymes beginning and ending with " In Adam's fall We sinned all," " Zaccheus he Did climb a tree His Lord to see." • Samuel Sewall's Diary, vol. i., p. 344. 4o8 HISTORY OF NEWBURY For more than a century after the settlement of Newbury, the Bible and the Catechism were the only reading-books used in the schools. Penmanship was taught, but proficiency in the art of writing was acquired by practice, and not by study. Pupils imitated to the best of their ability copies set for them by the schoolmaster. Although considerable time and attention was devoted to spelling, the principles of ety mology and orthography were unsettled, and the combination of letters used to form words varied, apparently, according to the idiosyncrasies and peculiarities of the teacher. When a word was given out, the pupils were expected to pronounce it and spell it in a loud voice, all speaking together. On -vrarm summer days, when the windows were open, the sound of their voices could be heard a long distance. Arithmetic was taught without the aid of text-books. Sums in addition, subtraction, multiplication, and division were copied, at the dictation of the teacher, into books consisting of a few blank sheets of paper ; and, without assistance, pupils were required to give the correct answer. The first arithme tic published in America was compiled by Nicholas Pike, of Newburyport, in 1 786. It contained over three hundred and sixty rules, many of them ambiguous and abstruse ; but only a few of the most difficult were carefully and intelligently ex plained. Latin grammar was taught advanced scholars, but there was no text-book devoted to the art of writing or speaking the English language. The first English grammar used in the public schools of Newbury was "The Young Lady's Acci dence, or a Short and Easy Introduction to English Grammar, designed principally for the use of Young Learners, more especially for those of the Fair Sex, though Proper for Either." It was a small book of fifty-seven pages, about the size of the New England Primer, wTitten by Caleb Bingham, a school teacher of Boston, and pubhshed in 1789.* W'hen the old school-house that stood in the First parish in Newbury was removed, a new brick building, similar in * Caleb Bingham subsequently published several other school-books. Two of them, "The .American Preceptor" and "The Columbian Orator," were exceedingly popular, and passed through mauy editions. SCHOOLS AND SCHOOLMASTERS 409 size and shape, was erected to take its place, on " the trayne ing green," near the pond. The half-tone print on this page gives a view of the brick school-house as it was thirty years ago. It is taken from an oil painting now in the possession of Hon. Luther Dame, of Newburyport.* Moses Atkmson, in his will dated December 7, 1807, and proved July 5, 18 14, gave several lots of land and other prop- - ...r: -ft--.. -Tr-TBTSTK."^ SCHOOI^HOUSE ON "TRAYNEING GREEN," 1872. erty to " School District Number Two in Newbury," where he had lived for many years, "for the support of a school for reading, writing, arithmetic and English grammar." With the income from this fund an evening school was kept two or three months every year in the school-house on Pillsbury's lane, now Ashland street, Newburyport. April 23, 1849, the inhabitants of Newbury voted to build *Mr. Dame was for several years a teacher in the school-house described above. He painted the sketch after the building was taken down in 1873. 41 o HISTORY 0 a school-house on land owned adjoining the First Parish bun This building was erected high school, established by Subsequently the law requiiin school was amended ; and Jui authorized to sell one-half tl ladies of the First Parish ch Lunt, treasurer of the town • to Mrs. Leonard Withingtoi George Little, Mrs. Nathan . Alter, a committee representii in Newbury, " the Basement h; with half the attic and half tb October 19, 1854, the town and interest in one undivided and on the twenty-eighth da Lunt, treasurer, conveyed to well, George Adams, Isaac Ac interest that the inhabitants certain tract of land bought 0 wife Caroline November 24 school building standing there After the act establishing been accepted in 185 1, a coini Hon. Caleb Cushing, Alderm: men Zacheus P. Thurlow, Ph jr., was appointed to adjust ar in " School District Number Newbury. December 6, 18 trict voted " that school distr town of Newbury, but now < port, give and convey to thf schoolhouses and lands undt longing to and owned by the by said city for the purposes said district, viz : — For schc * Essex Deeds, book cdlxxix., 1= SCHOOLS AND SCHOOLMASTERS 411 serving the use of the old house for the purpose of keeping the Atkinson fund school in said city agreeing to keep the said property in repair so long as said district belongs to and is a part of the said city of Newburyport." For the purpose of carrying the above vote into effect, a committee, consisting of Andrew W. Miltimore, George W. Jackman, jr., and Nathaniel Boardman, was appointed to con fer with the Board of Mayor and Aldermen, and make such arrangements for the transfer of the property as they con sidered advisable. March 11, 1852, Daniel Lunt, treasurer of the town of Newbury, and Caleb Cushing, mayor of the city of Newbury port, signed an indenture, or contract, conveying certain lots of land formerly in the town of Newbury, with the school- houses standing thereon, to the inhabitants of the city of Newburyport.* The General Statutes of the Commonwealth of Massachu setts provided in 1859 ^^^ the support and management of public schools, and also granted certain rights and powers to the inhabitants of towns, as follows : — A town may, at any time, abolish the school districts therein, and shall there upon, forthwith, take possession of all the school houses, land, apparatus and other property owned and used for school purposes, which such districts might lawfully sell and convey.f March 24, 1869, school districts were summarily abolished by the General Court ; and subsequently the selectmen of towns were authorized to take possession of the property used for school purposes in the towns where they resided.^ In 1870, however, the school district system was re-established.§ When the Public Statutes were enacted, to take effect Feb ruary I, 1882, the law establishing school districts was amended to read as follows : — A town in which the school district system exists may abolish the same by vote. No town which has so abolished said system shall there after re-establish school districts.]] • Essex Deeds, book cdlxi., leaf 34 ; book cdbt\-i., leaf 203. t General Statutes, chap aq, sect. 3. t Acts and Resolves, 1869, chaps. 110 and 423. 5 Ibid., 1870, chap. 196. II Public Statutes, chap. 45, Sect. 2. 412 HISTORY OF NEWBURY The inhabitants of Newbury voted March 21, 1882, to ex ercise the authority conferred upon them by the Public Stat utes, and on the thirteenth day of April following appointed a committee of three disinterested persons, one from George town, one from Rowley, and one from West Newbury, to ap praise the property owned by the several school districts, and determine the amount that should be paid for the same by the town. The valuation agreed upon by the committee -was ac cepted, and the transfer of the property was legally completed during the summer of 1882. Since that date public schools, maintained by the town, have taken the place of district schools in Newbury. CHAPTER VIII. HIGHWAYS. For several years after the incorporation of Newbury the roads leading from the settlement at Parker river were only narrow, winding paths through the primeval forest. As early as "September 5, 1635, the General Court ordered the inhabi tants of Ipswich and Newbury to mend the highways between the two towns. April 19, 1638, John Baker and Nicholas Holt were chosen "Surveyors of the highways" in Newbury, but were evidently unable or unwilling to make the repairs needed ; and therefore complaint was made to the quarterly court held at Cambridge June 5, 1638, and "The towne of Newbury was fined 6= 8"* & enjoyned to repaire y"" defects [in highways] before the Court in September." * A similar fine was imposed upon the town of Ipswich at the same court. November 5, 1639, ^ niore comprehensive act in relation to the laying out of highways was passed by the Gen eral Court, which reads as follows : — Whereas the highwayes in this jurisdiction have not bene layd out w* such conveniency for travellers as were fit, nor was intended by this Court, but that in some places they are felt too straite, & in other places travellers are forced to go farr about, it is therefore ordered that all high wayes shall bee layd out before next Generall Court, so as may bee w* most ease and safety of travellers ; & for this end, every towne shall choose 2 or 3 men who shall joyne w'h 2 or 3 of the next towne, & these shall have power to lay out the high wayes in each towne where they may bee most convenient &c.f Under the provisions of this act the way between Newbury and Rowley was relocated and graded, then the way between Rowley and Ipswich, and afterwards between Ipswich, Salem, and Boston. At a very early date, probably previous to the year 1640, the inhabitants of Newbury voted •Massachusetts Colony Records, vol. i., p. 233. t Ibid., p. 280, 4'4 HISTORY OF NEWBURY . . . that the lott layers shall have the power and authority to lay out all convenient highwayes about the Towne Provided the Towne make satisfaction for any lands wch shall be out of any of the Inhabitants Proprietys taken and used for a generall high waye for the Towne, but if any land shall be taken out of any p'r'cular persons propriety ffor others p'ticular benefit & advantage then the p'sons reaping benefitt & advantage shall find p'sent satisfaccon to him or them from whom such land shall be taken.* At a meeeting of the inhabitants of Newbury held April 19, 1649, the way wardens were instructed to impose a fine. ON THE W.W FROM PARKER RIVER TO " TRAYNEING GREEN." not exceeding ten shillings, upon any person who failed to comply with the requirements of the law or declined to work upon the highways a certain number of days annuaUy. At that date the la}-ing out and grading of streets in the new town on the Merrimack river required much time and atten tion. The country road, now High street, was then a narrow path or way leading to the ferry at Carr's island. Under the direction of the way wardens, or surveyors of highways, it was laid out, four rods wide, for a distance of six miles from * Town of Newbury Records, vol. i. HIGHWAYS 415 the north bank of the Parker river. Recently the road-bed has been greatly improved by reducing the grade in some places, and laying a firm and solid foundation of broken rock, covered with a finer coating of the same material, nearly the whole length of the road. When the work is completed, this ancient thoroughfare will be under the care and control of the Board of Highway Commissioners appointed by the .state. On the westerly side of this ancient highway, between " Little," or " Gravel," hill and " tra)meing green," is a -wall of earth and stone, built more than two centuries ago, that separates the travelled way from the culti-vated fields beyond. The outlines of this interesting memorial of the seventeenth century, now overgrown with grass and moss, can be seen in the photographic view on the opposite page. The grist-mill built at Little river in 1646, or possibly a year or two later, near what is now kno-wn as Four Rock bridge, was conveniently located ; and the town provided, at a very early date, for laying out a way to the mill, and also to the farming district afterwards known as the Byfield parish. At the meeting May 19, 1650 Mr Woodman, Henry Short, Nicholas Noyes & Richard Knight was chosen to lay out a fitt highway to the mill from all parts of the Towne & also to the farms.* Edmund Moores, in consideration of " his yealding up into the Towns hands a parcell of land being four rods broad thru his lot for a way going towards the mill," was granted six acres of salt marsh.-f John Knight, sr., and John Knight, jr., in considera tion of " their yealding up into the Townes hands a parcell of land which was formerly Mr Spencers of four rod broad for the country way to the Mill as it is laid out " were granted eight acres of salt marsh,J and also two additional acres in consideration of " theyr yeilding up a parcell of upland Joyn ing to the way going to the Mill on the West side and Joyning to Richard Petengalls land on the north to lye for comon." % In consideration of Richard Pettingell yielding up into the towns hands a part of his land for a way in the most convenient place ap- •Townof Newbury (Proprietors') Records, p. 5. tlbid.,p.54. JIbid., p.22. 4i6 HISTORY OF NEWBURY pointed by Henrj' Shorte, Nicholas Noyes & Kichard Knight, which he doth by these presents acknowledge, there was granted to the said Richard Pettingell fourteene akers bee it more or less, to him & his heires forever.* To the court held at Ipswich, March 28, 1648, the grand jury reported the following indictment : — Wee doe present the town of Newbury for the want of a bridge over the falls river : in the way betwixt Newbury and Andiver. Witnesses John Osgwood Richard Barker of Andyver.f On the eighteenth day of October following, the General Court appointed commissioners to lay out the highways from Andover to Newbur)', Rowley, and Ipswich. Upon the request of the inhabitants of Andover, Nath : Boyse of Rowley, [Henry] Shorte of Newberry, Ensigne Howlet of Ipswich & John Osgood of Andover, these, or any three of them [are] to set out the highwayes from Andover to Newberry, from Andover to Rowley, & from Andover to Ipswich.J Four years later, the subject was again brought to the at tention of the General Court, and the following order was passed : — Whereas the common highwayes betwixt Andover & Ipswich, An dover & Newberry, Andover & Rowley, are not yet layd out, by reason whereof passengers doe suffer great p'judice & inconvenience & the wayes \-ncapable of being mended, because vnknown where they wilbe layd forth, it is therefore ordered that a committee consisting of one or two persons from each town shall lay out said highways under penalty of five pounds in case of neglect. § May 18, 1653, the committee appointed to lay out the way from Andover to Newbury, and to the other towns named abo\-e, reported that they had attended to the duty assigned them. The closing paragraph of the report reads as fol lows : — . . . the way from Andevour to Newbery goes on the old cart way leaving Rowley way at the begining of a playne by a little swampe called Berbery Swampe & so on the old way to the Falls River & from thence straight vpon the north side of Richard Thorlyes feild, as it is •Town of Newbury (Proprietors') Records, vol. i., p. 53. t Salem Court Files, vol. i., p. 97. X Massachusetts Colony Records, vol. ii., p. 258. § Ibid., vol. iii., p. 283. HIGHWAYS 417 now fenced & so to John Hulls bridge & so over the end of John Hulls playne unto M' Woodmans bridge, neere the Mill at Newberry.* At the county court held at Ipswich in March, 1654, the town of Newbury was presented for defects in the highway " near goodman Adams farm." f September 21, 1654 John Emeiy Senior was chosen to answer at the next court at Ipswich concerninge the p'sentment about the waye to Ando ver. t September 26, 1654 The Towne of Newbury being prsented the last court for defect in the highwayes the Court ordered if it be not mended by next court to pay 4os.§ July 5, 1673, Robert Adams claimed damages "for land taken for the country highway through his farme " ; and Sep tember 6, 1673, the selectmen appointed "Samuel Moody and the lot-layers to go to. goodman Adams' farm and settle with him for the land taken." :j: Subsequently a more direct way to Andover was needed. A committee appointed to make the necessary changes re ported as follows : — Wee whose names are hereto subscribed being A Committee chosen by the townes of Newbury and Andover for the setling of a highway beetween the said townes in the bounds of Newbury aforesaid, have mutually agreed that the Rode shall go along by James Smiths & so by Georg March his farme on the southerly of the said farme and from thence to the said Georges high field and from thence by marked trees to falls River, upon as straight a lyne as can bee made and in wittness that this is our mutuall agreement wee have hereto set our hands the 2o'h of June 1682. Our meaneing is that it shall be as straight as the ground will admit, by making bridges & causewayes, but not to be put to the inconvenience of making such, only, wayes passable as may be in a direct lyne. Newbury Andover Nathaniel Clarke Dudley Bradstreet FFRANCIS Brown John Osgood Given in to be Recorded June 20'h by two of the selectmen. Nathaniel Clarke. Ja.mes Ordway. :f * Massachusetts Colony Records, vol. iii., p. 305. t Salem Court Files, vol. ii., leaf 130. tTown of Newbury Records. § Ipswich Court Records, vol. i., p. 47. 4x8 HISTORY OF NEWBURY February 15, 1654 at a meeting of the Townsmen select It is or dered that Richard Knight & John Pike shall stake out a convenient way & passage for the Towns Cattell to make use of the Spring of water by Henry Shorts wch is reserved for the publique use of the Towne.* This spring is about thirty rods in a southwesterly direc tion from the way, now known as Low street, extending from Hay street to Plummer street in Newbury. September 21, 1654, the inhabitants of the "old towne" were granted liberty " to make a fence and hang a gate across the way about Anthony Shorts or John Knights provided they hinder not the cattell from going into the commons there." f November 19, 1654, Richard Knight, John Cheney, and John Pike were appointed to " lay out the way from Merri macke Street to the necke on the east side of the old to\vn & through the said necke to the marshes there." % On the twenty-ninth day of November following, the way was. laid out. It is still in use, and extends from the easterly end of the Lower Green, so called, to a sandy cove or beach on the Parker river, where the first settlers of Newbury landed. § May 26, 1647, Tristram Coffin was authorized by the General Court to keep the ferry over Merrimack river from the Newbury side, and George Carr was granted " liberty to keep his boate going on Salsberry side." At that date probably the way to the ferry had not been definitely decided upon or laid out. March 28, 1648, the grand jury presented to the court held at Ipswich " the towne of Newbery for the want of a convenient safe way from the new towne to the fferry side. Witnesses Tristram Coffin of Newbury, John Stevens of Salisbury." || Poore's lane previous to 1655 extended from the country road, now High street, Newburyport, to the Merrimack river, and was the way to the old ferry between Newbury and Salisbury, first granted to George Carr in 164 1. A portion of this lane, running in an easterly direction from the country road, is now Woodland street, Newburyport ; while another detached portion, near the river side, is known as Merrimack court. ^Tuwn uf Newbury (Proprietors') Records, p. 5. tIbid., p. 62. + Coffin's copy of Newbury Records. §" Ould Newbury." pp. 18-20. II Salem Court Files, vol. i., p. q7. HIGHWAYS 419 February 10, 1655-6 there was granted unto Lionell Worth In Consideration of his resigning up to the towne five akers of land for a highway to Salisbury ferry by his house where hee dweUeth which land he formerly purchased of Mr [Tristram] Cofiin [Sen.] which was Mr Rawsons land, there was laid out to Lionell Worth eight akers of upland beyond the new towne &c.* Land was also taken from John Kent, jr., for the new high-way, now Jefferson street, Newburyport, extending from the ferry landing opposite Carr's island to the country road, now High street. March 20 1665 uppon John Kent Jun' his summoning of the Towne for to give him satisfaction for the land the Towne hath taken from him ^or the Country highway to M' Carr's fferry The Towne voted that the Selectmen should give him satisfaction and accordingly the selectmen and John Kent agreed that the said John Kent should have y' parcell of land by the old ferry place which was the old way and taken out of his ffather's land, so long as the Country makes use of the way that now is. Provided that John Kent allow free egress & Regress for his neighbors for carting or sledding up of Wood, hay &c and to fetch water or to water theyre cattell so they do him no damage by theyr cattells feeding on his land or by leaving Downe his ffences. per Anthony SoMERBV.f As early as 1649 "Isaac Buswell and George Carr were chosen to call on Newbury to lay out the country roade from the Island to Mr. Clarks farme." % December i, 165 1, " John Clark of Boston Chirurgeon " sold his farm in Newbury to Matthew Chaffey ; and the same day the land with the buildings thereon was conveyed to Richard Thorlay. § Pre-vious to May 3, 1654, Richard Thorlay had built a bridge over the Parker river, near this farm. Soon after that ciate, the inhabitants of the towns of Hampton, N.H., and Rowley, Mass., petitioned the General Court " for a highway from Mr Carrs ffery to M"' Clarkes farme." May 23, 1655, this petition was referred to the next session of the court ; and the deputy from Newbury was " ordered to give notice to that town that they may have hberty to speake in the case." || * Coffin's copy of Town of Newbury Records. tTown of Newbury (Proprietors') Records, vol. i., p. g. X History of Amesbury (Merrill), p. 41. § See note, chap, ii., atite^ p. 67. II Massachusetts Colony Records, vol. iii., p. 389. 420 HISTORY OF NEWBURY The road was probably built soon after that date. James Carr, in a petition to Sir Edmund Andros, Knight, governor of New England, in regard to his claims to the ferry between Newbury and Salisbury, granted his father, George Carr, in 165 s, makes the following suggestion : — That for the ease, speed & Convenience of Travellers if yo' Excel lency shall thinke fit that the highway may be laid From the Bridge by Thomas Thurrells in Newburj- to George Marches and from thence to M"- Woodmans which will save neer three miles Riding of what it is in the usual Road & be much better way and effected with a very incon siderable charge to a publique benefit and advantage: Sept. 27, 1687.* In 1647, the town of Newbury granted Richard Kent, jr., one hundred and seventy acres of upland and marsh land on the island over Little river, now known as Kent's island. A way over the marsh to the island was laid out by order of the court held at Ipswich INIarch 25, 1656, as follows : — Richard Kent pl' ags' John Cheny in an action of the case for fenc ing a p'sell of the Towns cofnons w<:h is pt of a highway. By consent of ptyes referred to the lotlayers to laye out a convenient highway accord ing to ye originall grant.f At a meeting of the selectmen of Newbury held January 26, 1656-7, Henry Short and Nicholas Noyes stated that there was a way " through Richard Kents Island from the way that is laid out thru' John Chenys land to the way that is laid out over the marshes." % The bounds and limits of this way through land belonging to John Cheney were somewhat \-ague and indefinite, and led to a legal contest that was referred for settlement to Nich olas Noyes and Henry Short at the court held at Ipswich September 29, 1657. Richard Kent pl' agsi John Cheny in an [action] of the case for denye- ing him a way where it is Layd out & interrupting & opossing him in the sayd waye. Both pt.ves agreed that John Chenye should make the way layd out by the Towne Sufisient as Mr Nicolas Noyse & Henry Short should judge sufisient & to beare the action between them. § * Massachusetts -Archives, vol. cxxvii., p. 163. t Ipswich Court Records, vol. i., p. 54. tTown of Newbury (Proprietors') Records, vol. i., p. 16; also, Coffin's History of New. bury, p. 4S. § Ipswich Court Records, vol. i.. p. 63. HIGHWAYS 421 At a meeting of the inhabitants of the town of Newbury held November 10, 1663, "Itwas voted that the country way by Richard Thorlays Bridg should be by the Mill Bridg." * It was also ordered that Daniell Pierce, sen"-, Thomas Hale, Sen"-, & archelaus Woodman are chosen to be a committee to make the country way (according to court order) from mill bridge to the utmost extent of our bounds to Rowley &c.t March 14, 1663-4 It was also agreed betweene the Towne & Daniell Peirce Sen"- & Thomas Hale Sen' In consideration of their making a sufficient country way to answer the countrys ends for cart and horse, over the marsh from the Bridg towards Rowley with stone and earth & to maintaine it so long as they live, the Towne engaged to pay to them, in a towne Rate, thirty pounds, one halfe between this & the last day of October in wheat and barly, and the other halfe in March next in good merchantable pay, corne or cattle, and five shillings a peice yearly as long as they live, and if they trespass upon Mr SewaUs land the Towne shall beare the damag & they engaged to maintaine it, if they can get moveable stone within sixty Rods of any part of the Marsh. f December 21, 1668 In answer to the petition of Rowley viUage men for a way from this town to Rowley, Ensign John Knight & Abell Somerby chosen to lay out the way; also to lay out a way .from Goodwins ferry [at the mouth of Powow river] to [Aymsbery] miU with Amesbury men.f March 6, 1672-3 It was agreed that M' Peirce & Tho: Hale Senr should be released of their bargaine of maintaining the causy provided that the said M' Peirce attend the making vp of the said causy sufficient that the towne may not suffer damag & bestow his owne labour freely & bring in a particular account to the Towne.f March 8, 1665-6, the lot-layers, with Archelaus Woodman and John Merrill, were chosen " to lay out a way & to give satisfaction for a way to Salisbury new to^vne." % This way was laid out December 21, 1668, and extends from the ferry landing, opposite the mouth of Powow river, to High street at its junction with the Bradford road, now Storey avenue, Newburyport. According to our commission from the town, March S'h 1665, we have laid out a country way unto Salisbury new towne of four Rod broad, begining at Merrimack River side, running through Christopher * Town of Newbury Records ; also. Coffin's History of Newbury, pp. 63, 68. tTown of Newbury Records. X Coffin's copy of Town of Newbury Records. 42 2 HISTORY OF NEWBURY Bartletts land sixty rods and likewise through Archelaus Woodmans land, sixteen Rod at the North end of Caleb Moodys land and through Robert Cokers land about 17 or 1 8 Rods. Richard Knight John Knight Richard Dole being selectmen did give order to have this recorded per Anthony Somerby.* September 21, 1677 Henry Jaques and Abraham MerriU chosen . . . to make the way passable to Emsbury ferry upon Munday next.* At a legal meeting of the inhabitants of Newbury held October 21, 1686, Capt. Daniel Pierce, Lieut. Stephen Green leaf, Lieut. Tristram Coffin, Ensign Nathaniel Clark, Sergt. John Emery, Joseph Pike, and Henry Short were appointed a committee to lay out and divide, among the freeholders of the town, six thousand acres of land in the "upper woods," so called. This committee was also authorized to lay out a high- wa}- through this undivided land to Bradford ; and on the twenty-sixth day of November they reported in favor of taking " the whole breadth of land between the stakes of the second division of freehold lotts & Emerys land," from Artichoke river to Lowell's brook, for the highway, but recommended that for the remainder of the distance from Lowell's brook to the Bradford line the highway should be " four Rods wide & no more." f It is evident, however, that the proposed way was not com pleted until several years later. March 27, 1704 CoU Thomas Noyes, Esq. Joseph Woodbrig Esq. &: Henry Short [were] chosten to be a comitte to lay out the High way to Bradford and also take notice of incroachm's on the highways & lay out any other highwayes especially in the upper woods in Newbury.| A wooden bridge, built soon after that date on the Brad ford road where it crosses the Artichoke river, was subse quently removed, and replaced by the stone bridge shown in the half-tone print on the opposite page. At a legal meeting of the inhabitants of the town of New- * Town of Newbury Records, vol. L t Newbury (Proprietors') Records, vol. ii., p. 22. tTown of Newbury Records, vol. iii., p. ro7. HIGHWAYS 423 bury held December 13, 1686, a committee was appointed "to lay out a convenient highway of such breadth as they shall see meet thro' the plaines to Sergeant Emereys Mill." * This way, now known as the Curzon Mill road, extends from the Bradford road, now Storey avenue, Newburyport, to the mill at the mouth of the Artichoke river. After the division of the " upper Commons," on the west erly side of Artichoke river, in 1686, and the laying out of the Bradford road, it became necessary to erect gates across BRIDGE OVER ARTICHOKE RIVER ON THE BRADFORD ROAD. the highways to prevent horses and cattle from straying " from the upper to the lower commons." March 20, 1 690-1 The proprietors of the new feild above Harti- choak River desired of the Towne that they might have Liberty to keepe up the fence across the highway that runs from Bradford Rode to Mer rimack River for this prsent year. [ ] it was granted by a voate.f March 7, 1692-3 Granted Liberty to ye propriefs of ye field above Artichoake To fence all cross ye highway at the upf end of s^ way for This prsent year provided they hinder no p^son in carting on s^ way.-f At the Court of General Sessions held at Ipswich March 29, 1 709, liberty to place gates " on ye road from Newbury * Town of Newbury Records, vol. i. t Town of Newbury Records. 424 HISTORY OF NEWBURY to Bradford near Pilsburys, one, att M' Atkinsons Comer, one, at ye Mill Bridge, one, on ye rode to ye ferry near M' Knights, one," was granted in answer to the petition of Capt. Stephen Greenleaf in behalf of the town of Newbury.* John Emery, Archelaus Woodman, Stephen Emery, and Benjamin Sawyer petitioned the towii "for liberty to set up a fence across the way to Turkey hill that we may keep our sheep from running away before we have sheared them." This petition was granted March 14, 1714-5.! " Col Noyes, Major James Noyes & Lieu' Stephen Jaques " were granted liberty, March 10, 171S-9, to hang a gate at the eastern side of their land on the road leading to Brad ford.! Nathaniel Coffin was granted liberty, March 14, 173 1—2, to hang gates across South street, near the residence of John Coffin ; and the same day liberty was granted John Huse and others to hang gates across the way near Brown's Gardens, so called. t Samuel Bartlet and John Bartlet agreed, March 19, 1686-7, to lay out a way through their own land, in order to facilitate the landing and carting of hay, wood, or bark from the north west side of Bartlett's cove to the "Bark House," used for storing bark needed for the tanning of leather. | This way from the ferry road, now High street, to Bart let's cove, was not laid out until 1698. It is now within the limits of the city of Newburyport, and is known by the name of Spring lane. The order adopted by the selectmen laying out this road or way reads as follows : — Newbury, June 3, 169S. We the Subscribers Selectmen of the Towne of Newbury, having re ceived a petition signed by twenty one persons Inhabitants of the West end of the Towne of Newbury in which petition said Inhabitants Do re quest & desire the selectmen to lay out a High way for to be and re maine for the use & Benefitt of the Towne from Merremack River Running from Bartletts Cove between said Bartletts lands & the land of John Ordway up to Almsbury Highway. And we have laid it out six Rods wide by the River side from John Bartletts lime kill six Rods ''Town of Newbury (Proprietors') Records, vol. ii., p. 126. tTuwn of Newbury Records. I This agreement was recorded in the Town of Newbury Records in the month of May, i6<34. HIGHWA YS 425 easterly to a stake & a stone in the Ground and so running up the Hill to a stake & a stone in the ground the way at that place is three Rods & a half wide & from thence as it is bounded w* stakes & stones three Rods wide up to Samuell Bartletts way by John Bartletts fence & from the northeast comer of John Bartletts fence the way is laid out aU a long by John Bartletts fence five Rods wide up to Almsbury high way as wit ness our hand the day & year above said. Henry Short T. Clerk. Given to be record^ p"- y* selectmens order June 4''' 1698.* On the westerly side of the Artichoke river a way extend ing from the Bradford road to the mill at the mouth of that river was laid out in 1695 by a committee appointed by the town of Newbury for that purpose. Whereas John Emery Senr did agree that the Towne should have a way through his land from the comon to the mouth of Artichoak River in the most convenient place for passing and repassing, And according to the power comitted to us, the subscribers, by the Towne to go uppon the spott for to determine where the way shall be through said land, and we did this day, the 31=' day of January 1694-5, take a view of it and do judg the most convenient way is uppon the high land running from Bradford Rode up by the east end of John Emerys Barne & so running by the fence, that is now standing, down to the dwelling house where John Emery Sen' did live and so by the house downe the Hill to the pasture land and from thence to the poynt at the River as the way goeth which was formerly made use of, as witness our hands this 31s' Day of January 1694-5. Daniel Peirce Tristram Coffin Richard BARTLET.f This way is now within the territorial limits of the town of West Newbury. It was probably left ungraded for many years, and it may possibly have been closed to public travel during a portion of that time. May I, 1787, the inhabitants of Newbury "voted to open the way to Stephen Hooper's mill through the land of Stephen Emery, Esq."; and October 11, 1787, they "voted to accept the report of the committee chosen to open the way from Bradford Road to Stephen Hooper's mill dam." f * Town of Newbury Records. tTown of Newbury Records ; also, Proprietors' Records, vol. i., p. 27. The miliar the mouth of .Artichoke river was built by John Emery previous to 1686, and was purchased by Stephen Hooper June 2, 1785. See " Ould Newbury," pp. 271-273. 426 HISTORY OF NEWBURY The way between Brown's gardens, so called, and Brown's farm was relocated, March ii, 1739-40, upon condition that Thomas Brown, the petitioner, " do accept y= old way in full satisfaction for the new way that is laid out upon said Thomas Browns land." * Mr. Brown accepted the terms named, and signed an agree ment to that effect, which was duly recorded by the town clerk. April 4, 1 7 1 o, voted to give eight pounds towards ye procuring of a way proposed for thru' ye Little field provided y' s^ way be laid out two rods wide the whole length from Ezra Cottles house to y= way by Henry Clarks ne.xt .Merrimack River according to a vote of ye Town Decemb^ iSth, i695.t This way, called Cottle's lane, now Bromfield street, New buryport, was laid out, March 6, 1718-9, from High street, by Ezra Cottle's dwelling-house, to the dwelling-house of Joseph Knight, jr., on the highway near Merrimack river. f March 7, 1709-10, a committee was chosen by the in habitants of Newbur}- •' to discourse with Benjamin Rolfe about purchasing the lane called Rolfe's lane, in order to make it a highway for the town's use." -f- This lane extended from "trayneing green" to Merrimack river, and is now known as Ocean avenue. It was not legally laid out and accepted by the town of Newbury until December 24, 1735.$ A highway two rods \\-ide was laid out March 11, 17 14-5, from Kent's lane, now Kent street, Newburyport, along the river side to James Ordway's malt-house, and thence to the landing-place at the foot of Ordway's lane, now Market street, Newburyport. f September 20, 1763, the selectmen laid out " a way at ye end of Woodmans lane [now Kent street, Newburyport], Begining thirty feet above y'' lane, in land formerly belong ing to John & Richard Kent, Exchanged for the Better accom- dating the landing there," six rods wide, extending to the river. -j- •Town of Newbu^^' Records (1731-85), p. 45. t Town of Newbur}" Records. + " Ould Newbur^'," pp. 795-Q. HIGHWAYS 427 May 1 1, 1725, the town of Newbury was divided into seven highway districts, in conformity to a law enacted by the Gen eral Court the previous year ; and way wardens, or surveyors, were chosen for each district, and instructed to keep the highways in good repair.* March 11, 1739-40, Thomas Pike, John Brown, and Joseph Titcomb, selectmen, laid out the way " near Merrimack river from peirces farm up to Ord ways Lane formerly so caled " ; f and the same day they laid out a two-rod way on the south westerly side of the meeting-house, then standing in Market square. The way from Water street, near the foot of Greenleaf's lane, now State street, Newburyport, to the lower ferr}^ land ing-place was probably laid out May 12, 17 19, "bounded on the northwest by Nathaniel Clarks grant, now in y= posses sion of Hugh Pike, and y= southeast side is bounded at y"= Roade by John Calefs dwelling house & from the North cor ner thereof running straight with the west corner of -y' Road twenty foot and at Lowater mark thirty foot." * July 5, 1763, a landing-place for the use of the public was laid out by the selectmen at the lower end of King street, now Federal street, Newburyport, from Water street to the Merrimac river ; and the same day " The way known by the name of Elbow lane in Newbury Running Between the Dwell ing house of Samuel Sweasy & the House of Joshua Norton & so Northwesterly to the house of Moses Todd & y' house owned by the heirs of Jonathan Dole late of Newbury Dec"^ & South Westerly to the New Lane" \\-as laid out. The selectmen in their report state that " the said Lane is not accepted of the town, nor Recorded as a publick highway, tho' it has been used as such for near thirty years." * This lane is now within the limits of the city of Newburyport, and extends from Market square to Liberty street. In 1763 it probably continued through what is now Centre street to New lane, now Middle street. September 23, 171 5, a way "from the country road through M"" Thirrills [Thorlay's] farme to M' William Moodys *Tovra of Newbury Records. tTown of Newbury (Highway) Records. 428 HISTORY OF NEWBURY land," in the Falls village, and from thence to the parsonage of Byfield parish, was laid out ; and May lO, 1727, the select men were authorized to lay out another way, two rods wide, from the country road near Lieut. Gov. Dummer's house to the parsonage in Byfield.* October 24, 1739, the inhabi tants of Newbury voted to raise the sum of thirty pounds " to help pay for a stone bridge sufficient for carting over ye falls River" between Deacon Samuel Moody's mill and his mill dam.* May 12, 1 7 19, Lieut. Col. Henry Somerby, Capt. Thomas Hale, and Major James Noyes were chosen to settle and de termine the bounds and measurements of the highways in the town of Newbury. On the twenty-eighth day of May the committee reported the result of their investigations, and rec ommended some changes that were subsequently adopted. The country road from Parker river, along the ridge, to " trayne ing green," four to six rods wide, was called " Merrimack .street"; from "trayneing green" to Queen street, now Market street, Newburyport, it was called " Norfolk street " ; and from Queen street to the Amesbury ferry landing, " High street." From High street to Artichoke river, the way now known as Storey avenue, Newburyport, was called " Church street." It probably received its name from the fact that Queen Anne's chapel, the first Episcopal church in Newbury, was erected on land adjoining this street early in the summer of 171 2. The continuation of Church street from Artichoke river, over Lowell's brook, at or near the place now known as Brown's springs. West Newbury, to the Bradford line was called by the committee "the Bradford Road." -f In 1726, several streets and ways in the upper parish, now West Newbury, were laid out by a vote of the town ; and during the same year the following streets in the first and third parishes were relocated and renamed : — Marlborough street, two rods broad, from Norfolk street " down by Joseph Muzzles into Merrimack street '' (now Water street), Newburyport. * Town of Newbury Records. tTown of Newbury (Highway) Records. HIGHWAYS 429 King street, now Federal street, Newburyport, four rods broad, from Norfolk street " down by the Prison into Merri mack street" (now Water street). Fish street, ne^jv State street, Newburyport, four rods broad, from Norfolk street "down by the house formerly Capt Greenleafs into Merrimack street " (now Market square). Queen street, now Market street, Newburyport, four rods broad, from Norfolk street "down by Joseph Morses into Merrimack street." Low street, now within the limits of the city of Newbury port, " four rods broad running from Norfolk street by Will iam Titcombs and Peter Godfreys and so along to the Plains." Union street, now Toppan street, Newburyport, " a way as it is now improved, running by Abraham Toppans, from High street to Low street." Sandy street, now North Atkinson street, Newburyport, " a way as it is now improved, running by Stephen Sawyers from High street to Low street." A landing-place, or driftway, at the foot of what is now Ashland street, Newburyport, was laid out. May 11, 1733, by Joseph Gerrish, Joshua Moody, and Charles Peirce, " begin ing near the corner of Josiah Pilsburys garden fence & from thence on a straight line ranging with the south west corner of M^ Morgradges dwelling house to the Brook and down by said Brook to Merrimack River, and in breadth on the bank of said River Six Rods." * At a meeting of the inhabitants of Newbury held March I3, 1 750-1, a petition relating to the alteration and relocation of several highways and landing-places was opposed by a committee of the proprietors, who claimed that the said ways and landing-places were the property of the proprietors, and had never been conveyed to the town.* Boardman street, now within the limits of the city of New buryport, was laid out "from ye Country Road [now High street] Do-wn to the two rod way by Merrimack river" as stated in the following letter from Mr. Offin Boardman : — •Town of Newbury Records. 430 HISTORY OF NEWBURY To the inhabitants of the town of Newbury, Gentlemen : — As I have laid open a high way through my land from ye Country Road Down to the two rod way by Merrimack river I hereby Give that way to the Town for their use as a town way & Desire they would ac cept it. The way is one Rod & three Quarters in Breadth Newbury March 12, 1754. Offin Boardman.* The above way was accepted at our annual meeting held March ye 12, 1754 & ordered to be recorded & called by the name of Boardman's lane.f March 9, 1774-5, a way was laid out through the land of Joseph Pilsbury and George Burroughs to the land of John Poore, " which way opens into a highway leading to Newbury port." April 7, 1783 voted to accept the road or highway leading from Joseph Pilsburj's to a Barn that belongs to the heirs of John Poor as e.xhibited on the plan upon the following page.f From the plan made and recorded at that date, it appears that this way extended from the foot of Pilsbury's lane, now Ashland street, Newburyport, to the barn, owned by the heirs of John Poor, then standing between the foot of Poor's lane, now Woodland street, Newburyport, and the way lead ing to Merrimack river, now known as Merrimack court, Newburyport. It was laid out four rods wide in. answer to the petition of Josiah Little, John Atkinson, Jacob Merrill, Joshua Little, Joshua Ordway, Samuel Moody, George Burroughs, and others, and now forms a part of Merrimack street which extends from Market square to the Essex Mer rimack bridge, Newburyport. The last and longest section of this street or way, extending from the foot of Ashland street to the bridge, was laid out and graded in compliance with an order adopted by the inhabitants of Newbury at a meeting held December 13, 1802. •Town of Newbury (Highway) Records. tTown of Newbury Records. CHAPTER IX. FERRIES. As early as 1643, John Russe had charge of the ferry, established and maintained for more than a century at or near the place where the Parker River bridge now stands. He was living in Newbury in 1637,* and his name appears in the list of freeholders who were entitled to share in the common and undivided lands belonging to the town on the seventh day of December, i642.f Two years later he presented the following petition : — To the honored Courte now assembled at Boston. The humble peticon of John Russe ferrj-man of Newbury, Humbly Sheweth : That for upwards of t^vo years in obedience to an order of ye generall Courte he has transported several members of ye generall Courte with their horses, as some of ye honored magistral going to the Courte at Dover & severall Deputies of Hampton, Strawberry bank, Dover Sc Salisbury, whch comes to fourteen shillings wheh yr poor peticoner humbly desires, by some order from this Courte to ye treas urer, he may be "satisfied and wh<:h will encourage y peticoner to all farther readines to serve you & pray for yr prosperity & remain at y service. John Russe.J May 14, 1645, the General Court passed the following order : — In answf to John Russe his peticon for 14s for fferrage for ys magis"^ & depuis to Dover & Boston itts granted y' ye Treasurer shall pay it to ye said John Russe & caU for ye one halfe thereof againe from ye inhabitants of Dover.§ ' The next year, however, the law regulating the transporta tion of passengers was modified ; and all ferrymen within the •Proprietors' Records, vol. i., p. 35. Edward Woodman and John Russe testified in regard to the sale of a house lot March 11, 1637. • t A nie, p. 84. X Massachusetts Archives, vol. xlviii., leaf 6. § Massachusetts Colony Records, vol. iii., p. 15. 43 = HISTORY OF NEWBURY hmits of the colony were required to take deputies on their way to and from the General Court, with all necessary attendants, including horses, etc., free of charge.* John Russe, soon after the enactment of this law, removed to Andover, where he died in 1692. Samuel Plummer probably succeeded him in the management of the ferry. October 1 7, 1649, the General Court granted "the petition of Samu : Plum^ ferryman of Newbury, for to ha' 2'* p passing"', for their transportation."! May 18, 1664, Samuel Plummer was granted liberty " to take one penny more than formerly for the passage of each person & each beast that he shall trans port over that ferry," in order to compensate him for the loss of travel occasioned by the building of Thorlay's bridge over Parker river. J When soldiers were needed, during King Philip's war, for the expedition against the Indian fort at Narragansett, many Newbury men were pressed into the ser\-ice ; but the General Court, October 17, 1676, "In ans"' to the peticon of Samuel Plumer ferryman at Newbury ordered that himself & his son Ephraim be freed from the press" ; § and in compliance with this order he was allowed to pursue his vocation un disturbed. March 13, 1693-4, the town of Newbury "voted y' y= selectmen shall demand y'= fferry of Samuel Plymer y' he now keeps for y' use of y' Towne & bring report of what they do in this matter to y^ Towne." || Notwithstanding this peremptory vote, no change was made in the management of the ferry ; but Mr. Plummer -was in structed by the selectmen to provide larger and more sub stantial boats for the better accommodation of passengers. The river over which this ferry was maintained for more than fift}- years was called by various names until Augtist, 1697, when the selectmen voted . . that the riv^r caUed by the Indians Quasacuncon, and since called by divers names, as Newbury River, Oldtown River, etc. Be from ¦ Massachusetts Colony Records, vol. ii., p. 154. t Ibid., vol. ii., p. 2S3. + Ibid,, vol. iv., part ii., p. 103. § Ibid., vol. v., p. 127. II Town of Newbury Records. FERRIES 433 this time called by the name of the River Parker in remembrance of the worhty, learned & Reverend minister, Mr Thomas Parker, who was a first planter & Pastor of ye church of Newbury & learned School master.* August 21, 1700, Samuel Plummer was granted the use and profit of the ferry during his natural life, upon condition that he carry free of ferriage all persons having occasion to use the ferry on pubhc business, including jurymen coming from or going to the court at Ipswich or Salem, and that he provide good boats with good attendants for the accommodation of the public. t Mr. Plummer died in 1 702 ; and on the sixteenth day of September of that year "corp" Richard Jackman proposed to keep y= ferry over Old-Towne River alias y= River Parker." f March 9, 1 703 voted to let the ferry over the river Parker for four years at four pounds a year to corporal Richard Jackman who is to carry all the court officers, going and returning from court, all town officers when employed by the town, and all rams belonging to the town, ferry free.f November 28, 1707, the General Court passed a resolve, "allomng and paying three pounds out of the Province Treasury to Richard Jackman in full for ferrying done for the Province to date." i: March 9, 1707-8, the selectmen were authorized to lease the old town feny' to some suitable person; and March 11, 1 7 II— 2, they were ordered to make up the account with Richard Jackman about the ferry over the river Parker and " lease the ferry for the year ensuing on such terms as they think best." f March 9, 1 713-14 It was voated that Capt Thomas Hale & Daniel Thirston, Jonathan poore & Jonathan Plummer & their families shaU be carried over ye river parker ferriedge^free on Sabath days, lecter days & training days.f May II, 1 7 14, the town voted to lease the ferry over Parker river for three years to William Dole, on condition that he carry the inhabitants of the town of Newbury and * Records of the Selectmen of Newbury. t Town of Newbury Records. X Province Laws, vol. -i-iii., p. 352. 434 HISTORY OF NEWBURY their horses free, and give a bond to keep and tend the ferry as the law directs, " the said Dole or his heirs to have the refusal of the ferry after the expiration of his lease provided he pay as much as any one else." * March 12, 17 16-7, William Dole -was granted liberty to keep the ferry over the river Parker, " provided he pay five pounds per year for the same and carry ferry free the inhabi tants of Newbury residing on the neck." * September 18, 1722, the inhabitants of Newbury voted to grant Richard Dole the ferry for three years at sLx pounds per )'ear, " he to carry the neck men ferry free " ; and Septem ber 21, 1725, he was granted liberty to keep the ferry three years longer on substantially the same terms.* May 19, 1729, Benjamin Plummer agreed to pay the select men of Newbury forty shillings for the use of the Parker river ferry for one year from that date.* In 1734, the town of Newbury gave its consent to the erection of a bridge over the river, at or near the place where this ferry was kept, upon certain specified conditions ; but it was found impossible to raise the money necessary to defray the cost of the proposed structure, and the plan was tempo rarily abandoned. The ferry was not discontinued until 1758, when the bridge was built, under the supervision of Mr. Ralph Cross, with funds raised by a lottery authorized by the General Court. f FERRY AT CARR'S ISLAND. Communication with Colchester (Salisbury), Winnacunnett (Hampton), Piscataqua (Portsmouth), and other settlements farther to the eastward was maintained by means of a ferry from Newbury over the Merrimack river, through the narrow passage between Carr's island and Ram island, to the Salis bur}' shore. This ferry was probably conducted as a private enterprise for several years before it was legally established by the General Court. The following order was adopted May 13, 1640: — *To\vn of Newbury- Records. t" Ould Newbury," pp. 530-532. FERRIES 435 Mr. Edward Woodman, M' Christo: Batt, & John Crosse are ap pointed (when the way is settled) to settle the fferry where they thinke meete.* July 3, 1640, the freemen of Salisbury granted George Carr " the Island where he now dwells ... it being the greatest Island w'Mn the Towne bounds hi the river Merrimack." In the .note-book of Thomas Lechford, a prominent lawyer in Boston at that date, is the following memorandum : — George Carre of Salisbury in N. E. Shipwright, releaseth Thomas [coccrey] his apprentice of the remaining time of his service &c. Thomas [coccrey] is to be bound unto G. C. in 40^ condiconed that T. C. shaU not intermedle in the ferry on Merrimacke river w'^out the consent of G. C. &c.t This memorandum indicates that George Carr had charge of the ferry over Merrimack river at that time, and had taken legal advice in regard to the best method of restraining an active competitor in the business. The date is uncertain ; but it must have been previous to August 3, 1641, when Lech ford, having become dissatisfied with the condition of affairs in Boston, sold his books and household effects, and sailed for England. George Carr was e-vidently appointed ferryman early in the year 1641. At a court holden at Ipswich the 28th of [the first?] month [March?] 1 641. Geo. Carr is appointed to keep the Ferry at Salisbury at the Island where he now dweUeth for the space of three years, p'vided that he finde a sufficient horse boat and gives diligent attendance. The ferries are as followeth. viz : For a man present pay 2d Calves & yearlings each 2d For a horse 6d Goats each i ^ For great catde each 6 Esqr; Joseph Dudley ' Wm Stoughton Robert Mason Jno Usher Jona Tyng Upon Reading this Day In Council ye Report made by ye Justices of ye County of Essex about a new ferry from Newbury To Salisbury ye same was approv'd off — And Ordered That it be kept & maintained by John March of Newbury accordingly, provided That James Carr of Salisbury Do on notice given him by ye said Justices refuse to under take & keep ye same and y' ye said Justices do & are hereby authoriz'd to Lay out ye ways & causeway & Regulate ye said ferry and take such • Province Laws, vol. vii., p. 405 : Massachusetts Archives, vol. cxxvii., p. 157. t .Massachusetts Archives, vol. cxxvii., p. 212. FERRIES 44S security or caution as to y"> shaU seem meet for ye making thereof & keeping and maintaining ye same in Good order and repair. By order in Council &c. John West Depiy Secry.* On the fourteenth day of November, John Appleton, Richard Dummer, and Philip Nelson, three of the justices of the peace for Essex county, made a tender of the new ferry to James Carr, as required by the order of the govemor and council. The offer was declined ; and the franchise was then assigned to Mr. John March, who gave bonds, in the sum of one hundred pounds, to provide boats and keep the ferry ac cording to law. Know all men by these presents that John March of Newbury, Taverne Keeper, living in the County of Essex in New England doth owe unto our soveraigne Lord the King the full and just somme of one hundred pounds of good and lawful money of New England, to be levied upon his house, lands and chattells and to the true payment thereof he doth bind himself, his heirs exequitors administrators and assignes unto our saide Soveraigne Lord the King his heirs and successors, in witnes whereof the saide John March hath hereunto set his hand and seale this fourteenth day of November, and in the third year of his majesties raigne. Annoqtie Do7>iini 1687. The condition of this obligation is such that if the above bounden John March doth provide a good and suflScient boate for the carriage over of horses and men over the ferry granted to him by his Excellency and Counsell at or before the sixteenth day of this Instant November and doth also dewly attend the ferry granted to him by carriinge over horse and man for six pence, a single person for two pence, and doth aUwayes while he doth hold the saide ferry keepe his boate or boates in good repaire fit for the service of the Country, then this obligation is to be voide and of no effect, or else to remaine in full force and vertue, and the time of Keepinge this ferry and standinge bound as aforesaid is as long as the ferry shall be confirmed to him by an authoritie. Signed Sealed and delivered John March in the presence of us Caleb Moody D. DAVISON.f In order to make the way to the ferr}-, on the Salisbury side of the river, convenient and serviceable, it became necessary * Essex Deeds, vol. xv., leaf 214 ; Suffolk County Court Files, No. 1471 ; Province Laws, vol. vii., p. 406. t Massachusetts Archives, vol. cxxvii., p. 231 ; Province Laws, vol. vii., p. 406. 446 HISTORY OF NEWBURY to build a substantial road over the low, marshy land that con nected Ring's island with the upland beyond. The work was begun and probably completed under the following agreement made by John March with the town of Salisbury : — The Proposition of John March to ye town of Salisbury now mett ye 22d day of Novemb"- 1687 To ye town of Salisbury, Gendemen you have been Informed y' there is a new way from Merrimack river to your town Laid out by authority for ye use of ye country & is Insufficient for per sons to pass & there is a ferry granted to me by Authority Therefore my Request is y' you would be pleased to make ye way Suificient for ye use of ye Country for w^h it is Laid out, But I John March do Engage for Quiemess Sake to make ye way from Merrimack river to ye South Side of ye creek & half ye Bridge over ye Said Creek. This proposition of John Marches with his condition annexed so far as it Refers to ye town is voted on ye affirmative & sd Marches hand signed & owned to ye performance of what he hath engaged himself In Reference to ye above Country way as above manifested John March As attest Robert Pike, Mod^ George Carr & William Carr enter their contra Decents Left William Buswell enters his Contra Decent A true copy taken out of the town Book As attest Willm Bradbury T. Clerk * During the winter of 1687-8, complaints were made that the boats used by John March for the transportation of passen gers were not able to withstand the rough weather of that season, and that in the month of January they were prevented for ten consecutive days from crossing the river on account of the ice. Taking advantage of the dissatisfaction that existed on account of these interruptions and delays, James Carr again petitioned the governor and council, under the date of June 13, 16S8, "to order the Ferry to be stated & settled as formerly, and the late Ferry set up by John March, which is of so little benefit to the publique & very detrimental to yo:"' Pef to be laid down." With this petition Mr. Carr filed the following certificate : — These are to Certify whom it may or shall concerne that wee ye sub scribers hereof Beeing at Newbury; and our occations -vrgendy requir ing vs to goe for Salisbury : therevpon wee have repaired ourselfes for ¦ Essex Deeds, book xv., leaf 214 ; also. Province Laws, vol. vii., p. 407. FERRIES 447 passages over the ferry weh j^o March vnd' tooke to keepe for passages but could [not] get any not\vithstanding wee stay'd about 4 or 5 houres and at that tim M"- Mercer that now Lives at Bescataqa came over but could not bring his horse for there was noe Boat but a hay Boat and that nobody would venture there Lives at such weather as then was : and then after or Long and tedious staying at mr Marches wee came to m" Carr and got over without any difficulty at aU y« same day beeing ye 2 of December 1687 as witnese o' hand Thomas Jackson of Redding Henry Williams of Boston cum multis alis Mercer, A Jersy man of Bescatahqua * The prayer of the petitioner was not granted ; but, after the seizure of Governor Andros in Boston, and his return to Eng land in 1689, Mr. Carr petitioned the provisional government of the colony of Massachusetts bay, still asserting his claim to the management and control of the ferries between New bury and Salisbury, and complaining of the illegahty of the grant made to John March and the injurious competition resulting therefrom. The General Court, having care fully considered the whole subject, passed the following order : — May 20, 1691 In Answer to the Petition of James Carr of Salisbury, complaining of wrong and Injury done him by Capt John March of Newberry, in keeping up a ferry upon Merrimack river betwixt New berry and Salisbury, in prejudice of a grant formerly made by the Gen eral Court unto Mr George Carr Father of the Said petitioner, and his Heirs &c The petitioner is referred to seek his remedy by Course of Comon Law.f At that date John March was captain of a company en listed to serve in an expedition to Canada. He evidently made arrangements with Capt. Edward Sargent to take charge of the newly established ferry and of the tavern where he was licensed to sell wine and beer. August 29, 1693, James and Richard Carr commenced a suit to recover damages from Capt. Edward Sargent for tak ing passengers over Merrimack river without legal authority. * Province Laws, vol. vii., p. 408. t Council Records, vol. vi., p. 183 ; Province Laws, vol. vii., p. 408. 448 HISTORY OF NEWBURY In the writ of attachment, they made the following declara tion : — . . . ye sd Sargent for near two yeares last past hath Exercised and prac tised ye Comon Carrying and Transporting of men horses and goods over ye River Merrimack in ye County aforesaid between ye Towns of Newbury and Salisbury upon Hire and for Reward to ye Great Dis turbance nusance and Damage of ye sd James Carr and Richard Carrs ferry over ye sd River.* At an Inferior Court of Pleas held in Newbury, September 26, 1693, Capt. Sargent asked for a continuance of the case on the ground that " Capt March y° proper owner of y= ffery " was engaged in the king's service on the eastern frontier- By the consent of both plaintiff and defendant, the case was continued to the next court to be held in Salem, in the month of December following. Meanwhile, December 5, 1693, the General Court passed the following order : — That all suits and actions now depending between any persons and the said Capt John March, referring to any matter or controversy about the ferry or ferries over the river of Merrymack between Newbury and Salisbur}-, be suspended ; and that the Court of Salem be directed to continue any action or actions so depending there until the general assembly have determined and resolved upon the settlement of the said ferry or ferries ; and that the heirs of George Carr be notified that they may appear on the sixth day after the begining of the next sessions of the general assembly, and there offer what plea and objections they have to make against the confirmation of the said ferry to the said Capt. John March. t No record of the hearing appointed for the sixth day of the session, beginning February 14, 1693— 4, has been found; and probably no definite action was taken in regard to the settle ment of the claim of James and Richard Carr at that time. Edward Sargent continued to serve as ferryman ; but in 1 70 1 the way leading to the ferry on the Salisbury side was so defective that on the thirtieth of September of that year the Court of Sessions ordered the parties interested to repair ¦* Province Laws, vol. vii., p. 40S. Capt. Edward Sargent came from Saco to Portsmouth, and thence to Newbury, previoua to 161)3. His first wife died in December, 1718: and he married June 9, 1719, Sarah, widow of Dr. Humphrey Bradstreet. His will, dated February t2, 1735-6, was proved September 6, 1742. t Province Laws, vol. vii,, p. 35. For further details of this controversy see " Ould New bury," pp. 65-75. FERRIES 449 it according to their contract. This order was e-vidently un heeded ; and, in consequence, the ferry was neglected, and at length temporarily abandoned. March 9, 1702-3, Major Daniel Davison was authorized and instructed by the inhabitants of Newbury to present a petition to the Court of General Sessions, in behalf of the town, " in relation to the lower ferry over Merrimack river." * March 30, 1703, the court at Ipswich appomted Major Francis Wainwright, Capt. John Whipple, and Capt. Joseph Boynton a committee to e.xamine the causeway in Salisbury, and report upon the expediency of laying it out anew, and at the same session passed the following order re-establishing the ferry : — There having been for Several Years last past Many complaints Made to this Court for want of a ferry duely stated over Merrimack River Nigh Capt. Edward Sarjeants betwixt Newbury & Salisbury & Sundry motions made from time to time Referring to the Same & now renewed applications Made by Newbury & Salisbury that a ferry be kept at ye place aforesd and y' the keeping & profit thereof might be stated & Settled upon the said Townes & a Boat to be constantly kept on each side duely to attend ye said ferry viz : One by Newbury & ye other by Salisbury. This Court having Considered ye necessity & Conveniency of the premises do approve of the same in manner following. I. That there be a ferry kept over Merrimack River hence forward from Newbury to Salisbury Nigh where Capt. Serjeant now dwells. 2. That there be Two Sufficient & Suitable ferry Boats for the Trans porting of Men and horses ye one kept at Newbury &the other at Salis bury side provided & Maintained respectively by said Townes & Suffi cient skUlful Men Constantly to ply in the same and y' each Town do on their Shoars respectively make Convenient Causeways or other Commodious places for ye Safe & easy boarding & landing horses & men & y' each Town do give Two hundred pounds for Two sufficient men for ye performance of this Court order according to ye true intent & meaning thereof that the publick may be faithfully Servd. 3. That the profits of the said ferry shall redound to the sd Townes as their own particular boats shall Earn. 4. That the fare of said ferry be four pence for a horse & Two pence for a man & proportionable for other things. S. That inasmuch as Newbury Comon Land or high way comes to ye ferry aforesd so y' they have no Occasion to purchase a way thro any proprieties & it being otherwise on Salisbury side wherefore in regard Newbury hath halfe the benefit of ye ferry. Therefore they shall pay *Town of Newbury Records. 450 HISTORY OF NEWBURY ye one halfe of ye first purchase of ye high Way on Salisbury side as it shall be laid out from said ferry to ye Comon Road in Salisbury where it may lay thro any particular proprieties as it shall be apprised accord ing to Law but shall not be obliged to pay any part of making or re pairing ye said way passable either now or hereafter.* April 12, 1703, the town of Newbury appointed the board of selectmen, with Major Daniel Davison and Mr. Thomas Moody committee, to provide a ferry boat and let out the ferry to some responsible person. f April 19, " the committee having charge of the ferry, near Capt. Sargents, lately granted to Newbury and Salisbury," were authorized to prosecute any person or persons transporting man or beast over said ferry contrary to law.f When Lieut. Col. John March, who was engaged, with the troops under his command, in repelling the attacks of the French and Indian forces at Casco bay, was informed of what had occurred in his absence, he applied to the Court of Sessions for a new order or decree, restoring his rights and privileges, and placing the ferry under his care and control. His petition was granted March 28, 1 704, upon condition that he keep in repair the way and bridge on the Salisbury side, and pay to the towns of Newbury and Salisbury such sum or sums as they advanced while the ferry remained in their pos session.* There seems to have been some disagreement between Lieut. Col. John March and the selectmen of the towns named in regard to the transfer of the ferry and the amount of money to be paid. May 15, 1704, the inhabitants of Newbury au thorized the selectmen, with Major Daniel Davison and Mr. Thomas Moody, " to provide for the keeping of the ferry over Merrimack River near Cap' Sargents and to let out said ferry at their discretion." f September 26, 1704, the Court of General Sessions ap pointed a committee to confer with the selectmen of New bury and Salisbury, e.xamine the accounts submitted by them showing the expenses incurred and the tolls received from the ferr)-, and report the result of their investigations in the month of November following. J * Province Laws, vol. viii., p. 634. + Ibid., p. 635. t Town of Newbury Records. FERRIES 451 December 6, 1 704, the town of Newbury authorized Lieut. Col. Thomas Noyes, Major Daniel Davison, and the selectmen "to make a settlement with Lieu'. Col. John March in regard to the ferry over Merrimack river." ' * March 26, 1 705 : Voted that Maj' Daniel Davison Esq. and M' Wil liam Titcomb are chosen attorneys for the Towne of Newbury to answer in behalf of sd Towne to a notification from y* sessions of y* peace dated March 2, 1 704-5 with respect to a ferry over the river Merrimack near Cap' Sargents House as also that they shaU have fuU power to appoynt attor ney or attomyes under them to ye end afore sd as also they shaU have fuU power to make a final agreem' with Lieu' March or his attomeyes about said ferry in the Towns behalf according to their best discretion as they shaU se cause.* July II, 1705, Lieut. Col. Thomas Noyes, Major Daniel Davison, Mr. Wihiam Titcomb, and Lieut. Joseph Little were appointed a committee to make final agreement with Col. John March ; and on the twenty-third day of July he conveyed " for & in consideration of y= sum of Two Hundred & forty Pounds . . to y" afores"* committee for y= said Town of Newbury " all his right, title, and interest "in or to the ferry Comonly Called Marches ferry over . Merrimack River near the place where Cap' Edward Serjeant Now Dwells, . . . Excepting y' ferridges of my self & my perticular family & Horses & Cattle," which were to be free for a term of twenty-two years.f With the consent of aU the parties interested, the report of the committee appointed by the Court of Sessions September 26, 1704, was not taken into consideration until the twenty- fifth day of September, 1705, when the court ordered that Col. March, having sold all his right and interest in the ferry to the town of Newbury, the inhabitants of said town or their agents " have y' use and income of said Ferry by virtue of said Purchase until by further Order it be more fully and amply settled at y* next sessions of y' Peace." % September 30, 1705, the town authorized the committee •Town of Newbury Records. X Province Laws, vol. viii., p. 636. t Essex Registry of Deeds, book xbc., leaf 48 ; " Ould Newbury," p. 183. A copy of thii deed of conveyance from Lieut. Col. John March will be found in the Court Files for Sufielk County, No. 6553. 452 HISTORY OF NEWBURY appointed to settle with Col. John March to offer one- half the ferry to the town of Salisbury for the sum of one hundred and twenty pounds, that being one-half the purchase money agreed upon. At or about this time, Richard Carr presented another petition to the General Court, setting forth his claim to the ferries over Merrimack river. A hearing was appointed and held June 5, 1706, before the whole court; but no definite action resulted.* There was evidently some reluctance on the part of the town of Salisbury to accept the offer of one-half the ferry on the terms and conditions named. Possibly the friends and supporters of Richard Carr were opposed to the purchase, and were numerous enough to delay and, perhaps, defeat the project altogether. At all events, Edward Sargent, who had formerly kept the ferry under a lease from Lieut. Col. March, proposed, February 19, 1705-6, to take the inhabi tants of Salisbury, with their horses and cattle, over the Merrimack river free of charge forever, and keep the high way and bridge leading to the ferry in good order and con dition, provided the town would agree to pay one hundred pounds in four payments, " that is to say twenty five pounds per year for four years," and surrender all its right, title, and in terest in or to the ferry. f This proposition was accepted, and a committee was appointed to complete the agreement and receive the bond that Captain Sargent was required to furnish. March 5, 1705-6, the town of Newbury appointed Lieut. Col. Thomas Noyes, Major Daniel Davison, and Capt. Henry Somerby a committee to see what arrangements could be made with the town of Salisbury in regard to the purchase of one-half the ferry for one hundred and twenty pounds, and also to lease that part of the ferry belonging to Newbury. J March 27, 1706 Lieu' Col Thomas Noyes, Major Daniel Davison and Cap' Henry Somerby, all of Newbury, being a committee chosen and ap pointed by the freeholders and inhabitants of the said town of Newburj- • Province Laws, vol. viii., pp. 146 and 538. t Ibid., p. 637. + Town of Newbury- Records. FERRIES 453 at a legal meeting held March 5'h, current, to make an agreement with the town of Salisbury about the ferry over Merrimack river, between Newbury and Salisbury, near by Cap' Serjeants, in consideration of one hundred and twenty pounds, sold and conveyed to Cap' Edward Serjeant and Mr Thomas Moody, both of Newbury, one half of the right, titie and interest which the freeholders or inhabitants of the town of Newbury may or ought to have in or to the ferry commonly caUed Marches ferry over Merrimack river, near the place where the aforesaid Cap' Edward Serjeant now dweUs, which ferry was granted by Sir Edmund Andros and his CouncU unto Col. John March, October 25, 1687, confirmed and settied by the justices of the County of Essex November 14, 1687 and again confirmed unto him at a General Session of the Peace held at Ipswich, March 28, 1 704.* Having thus acquired one-half of the ferry by purchase from the town of Newbury, and settled with the inhabitants of Sahsbury for whatever claim they might have in or to the franchise granted by the Court of Sessions, March 30, 1 703, Edward Sargent resumed his occupation as ferryman, and e-vi- dentjy carried on the business in his own name, although Thomas Moody was for many years part owner of the property with him. The ferry was conveniently located, and on many important occasions was employed by the provincial authorities for the transportation of troops and special post riders. September 3, 1703, the governor and council passed an order allowing Ed-ward Sargent thirty-five shillings and two pence "For Ferriage of Souldiers and Posts in the year 1 702 and for the refreshment of Posts." f On the sixth day of November, 1 706, the General Court passed a " Resolve for allowing and pajdng five pounds out of the Province Treasury to Edward Sargent for transporting Soldiers and Horses over Merrimack river at Newbury" in the years 1703, 1704, 1705, and 1706.J November 28, 1 707, another " Resolve for allowing and paying three pounds four shillings and ten pence out of the Province Treasury to Edward Sargent in full for ferrying done, etc., for the Province to date," was passed by the Gen eral Court and paid by the treasurer of the province. § • Essex Registry of Deeds, book .xxix., leaf 231. A c*py of this deed will be found in the Court Files for Suffolk County in Pemberton Square, Boston. No. 6716. t Province Laws, vol. viii., p. 633. J Ibid., p. 201. § Ibid., p. 252. 454 HISTORY OF NEWBURY The town of Newbury, having sold only one-half the ferry to Edward Sargent and Thomas Moody, retained possession of the other half, and June i8, 1 708, authorized the selectmen to lease it for three years on the best terms possible.* Meanwhile the highway leading from the ferry to the com mon road on the Salisbury side of the river was laid out anew and rebuilt. A small lot of land belonging to Mary Dole and John Dole was taken at its appraised value ; and April 22, 1709, John March received from the selectmen of Newbury MARCH'S FERRY LANDING PLACE, SALISBURY SIDE. " five pounds ten shillings in full for w' w^ allowed by ye Court for Newburys part of y' highway on Salisburys side to the ferry & for y= Landing places, I say in full for my own part, Mrs. Doles part & Mr. John Doles part." * June 26, 1 71 1, a suit was brought against Edward Sargent "for lack of suitable attendance at the lower ferry." The Court of General Sessions held at Salem, on that day, ordered that two boats should be kept, one on the Salisbury side and one on the Newbury side, as required by the order issued March 30, 1 703 ; f and September twenty-fifth the court at Newbury * Town of Newbury* Records. t Records of the Court of General Sessions (i6q6-i7i8). FERRIES 455 licensed Capt. Edward Sargent to keep the boat on the New bury side and Capt. Humphrey Hook on the Salisbury side. At a meeting of the inhabitants of the town of Newbur}', held May 3, 1715, objections were made to the reappoint ment of Capt. Sargent. It was voated that ye ferre caled Serjeants ferry viz : Newburys halfe thereof : should be rented to M' Benjamin Woodbridge, provided he will give as much as any man for sd halfe of sd ferry for ye term of one year next after Cap' Hooks term is out in sd ferry.* September 27, 171 5, the Court of General Sessions, held at Newbury, licensed Benjamin Woodbridge to keep the ferry on the Newbury side and John Dole on the Salisbury side for one year from that date. December twenty-seventh Capt. Edward Sargent asked to be reinstated as ferryman, but his petition was dismissed by the court. September 12, 1716, the town of Newbury authorized the selectmen "to let the Newbury halfe of Serjeants ferry for one year to any person whom the court will allow";* and September twenty-fifth the court licensed Benjamin Wood- bridge to keep the ferry on the Newbury side and Capt. Ed ward Sargent on the Salisbury side for five years.f June 18, 1 71 7, It was voted that whereas Cap' Serjant is sewed in an action of trespass by James Carr & Richard Carr of Salisbury for carry ing passingers (and taking pay for it,) over ye River Merrimack at ye ferre neer Cap' Serjants. Sd ferre being owned ye one halfe by ye Town of Newbury & ye other halfe by sd Serjant & Thomas Moodey; that ye Town of Newbury shall & will pay to sd Edward Serjant one halfe of ye necessary charges which ye sd Serjant shall be at in defending against the sd Carrs in the above sd action.* September 18, 1722, Voted that M"- Benjamin Woodbridge shaU have ye ferre (near his house) for ye tearm of three years, he giving bond to ye selectmen of ye Towne to pay as rent for sd ferre nine pounds a year yearly during sd tearm.* Five years later, Capt. Sargent, who had charge of the ferry on the Salisbury side, asked to be released from his obligation to keep the causeway in repair. The town of *Town of Newbury Recorda. t Records of the Court of General Sessions (i6q6-r7iS), p. 323. 456 HISTORY OF NEWBURY Sahsbury granted his request upon the following terms and conditions : — Agreement made December ig, 1727 between Mr. William Brad bury, esq., Mr. Isaac Morrill, Capt. Jeremiah Stevens, Lt. John MorriU, Mr. WiUiam Smith, Mr. Jarvis Ring and Mr. Joseph French, aU of Salisbury, as a committee and agents of Salisbury, and Capt. Edward Sargent, esq., of Newbury : Witnesseth that whereas the town of Salis bury did formerly grant to said Sargent aU their right and interest in ye lower ferry between Newbury and Salisbury then commonly called March's or Sargent's ferry with ye wharf, boat and ;£loo in money towards his purchasing the one-half of Col. John March's pretended right in said ferry upon condition that said Sargent his heirs and suc cessors in said ferry should from time to time and at all times forever carry ye inhabitants of said Salisbury over said ferry as their occasions require ferry free and also make and maintain the highway, causeway and bridges from ye old burying place in said Salisbury down to said ferry as is more fully set forth in said grant bearing date Feb. 19, 1705-6, and in the ^1000 bond or conditions of it formerly given by said Sargent to Salisbury under the hand of said Edward Sargent and Thomas Moody as security for ye faithful performance of the said con ditions bearing date March 11, 1706, both on record in said Salisbury town book ; and said Sargent after so long experience of ye ferry com plaining of it as too hard a bargain and too burdensome for him to be at ye charge of the causeways, bridges, &c., desiring ye town to take that upon themselves that so he may be ye better enabled and encour aged cheerfully and faithfully to fulfill and perform ye other conditions of said grant, therefore said committee on behalf of Salisbury agree that in case said Sargent and his heirs and successors performs the con ditions to carry over the inhabitants of Salisbury their persons and families, their horses, cattle and other necessaries usually transported over ferries ferry-free at all times as their occasion may require, they wiU acquitt and discharge ye sd Edward Sargent his heirs and assigns of and from the whole care and charge of making, repairing and main taining ye highway, causeway and bridge from ye old burying place in sd Salisbury Down to y^ ferry and that the town of Salisbury shall and wiU take the sole care thereof upon themselves.* On the same day, Edward Sargent conveyed to the town of Sahsbury all his interest " in y= lower ferry over Merrimack river," provided, however, that, if the said Sargent faithfully complies with the conditions of the agreement made with the committee named above, then the deed of conveyance * Essex Registry of Deeds, vol. ixvii., leaf 9. FERRIES 457 " is to be void and of none effect or else to stand and abide in full force and vertue forever." * May 8, 1729, the inhabitants of the town of Newbury " Voted to grant Edward Serjant Newburys part of the lower ferry over Merrimack river, for the term of three years, upon condition that he carry all the inhabitants of Newbury, ferry free, and give a bond to the selectmen that he will keep the ferry according to law." f Evidently this offer was not accepted by Capt. Sargent ; for, on the eighteenth day of June following, the town " voted that John Lunt shall have the lower ferre, over Merrimack river, that is to say, Newburys part of it, until next October, paying down five pounds and five pounds more next October. He to keep one good & suitable boat for Newburys part of said ferre and give a bond for the faithful discharge of his duties as ferry man." f September 10, 1729, the town leased the ferry to Joseph Greenleaf, for ten pounds per annum, for the term of seven years, He having agreed to give a bond to make & maintain a good & suit able waye downe to the River at ye Easterly end of his now dwelling house at his owne cost & charge during said tearm & that this Town shall have ye use of said way to take in & put on shore such persons & things as shall want to be carried over said ferre (after said seven years is ended) for so long a time as said ferre is kept at said place.f September 18, 1734, Col. Richard Kent and Henry Rolfe, Esq., were appointed a committee to attend the Court of Gen eral Sessions " to be held at Newbury on the last Tuesday in September," to look after the town's interest at a hearing to be held on a petition relating to the care and management of " Sargents ferry." f September 24, 1734, the court hcensed Joseph Greenleaf to keep the ferry on the Newbury side of the river, and Elias Pike and Jarvis Ring on the Salisbury side, " during the pleasure of the court." % September 21, 1736, the inhabitants of the town of New bury agreed to lease the ferry for seven years. * Essex flegistry of Deeds, vol. Ixvii, leaf to. t Town of Newbury Records. X Records of the Court of General Sessions (1696-1718), p. 346. 458 HISTORY OF NEWBURY M"- Benjamin Woodbridge, Junr, for & in consideration of the sum of thirty and six pounds a year, & so yearly, shall have Newburys part of ye lower ferre, comonly caled Sergeants ferre, for ye tearm of seven years time next after Mr Joseph Greenleafs lease is out. The said Woodbridge to give a bond to the Selectmen of the town to provide good & suitable attendance.* September 28, 1736, the Court of General Sessions, in an swer to a petition from the inhabitants of Newbury, decided that the wharf owned by Benjamin Woodbridge, jr., should be "for seven years" the landing-place for the ferry on the Newbury side of the river. f At a town meeting held June 2, 1742, Joseph Maeres (?) presented a petition . . . Concerning a ferry boat which he said was carried a way by ye ice & to help make up said Maeres (?) his loss & damage it was voted ye Town wold give twenty pounds in ye olde tenor, which twenty pounds shall be abated out of ye rent which is due from M"- Benjamin Wood- bridge for ye ferre."* March 13, 1743-4, the selectmen were authorized to lease " Sargent's ferry " for a few years on such terms as they shall judge best for the good of the town and convenience of travellers.* i\Iay 19, 1747, a committee was appointed to take charge of the ferry, provide suitable boats and attendants, and petition the Court of General Sessions for liberty to raise the rates of ferriage.* When Newburyport was set off and incorporated as a sepa rate town in 1764, all the right, title, and interest that New bury had in " March's or Sargent's ferry " was transferred to the new town. It remained under the care and control of the selectmen of Newburyport for many years. After the bridge over the Merrimack river, connecting Newburyport with the town of Salisbur}-, was built and opened to the public in 1827, the boats used for the transportation of cattle, horses, and carriages, were withdrawn and replaced ^vith smaller ones, suitable for foot passengers only. In this modi fied form, the ferry was maintained for more than fifty years. * Town of Newbury Records. t Records of the Court of General Sessions (1J26-44), p. 460. ¦ FERRIES 459 In 1880, Mr. Joshua M. Pike was appointed ferryman. He continued to serve in that capacity until the close of the year 1885, when, owing to the lack of patronage, he decided to give up the unprofitable business, and devote his time to other industrial pursuits. Since that date, there has been no attempt to keep the ferry established by Capt. John March in 1687. SWETT'S FERRY, NEAR HOLT'S ROCKS. At a meeting of the freeholders and inhabitants of Newbury, held March 26, 1694, John Kelly, sr., presented a petition for liberty to keep a " ffery over the river Merrimack in the place where he now dwells," provided the neighboring towns and the authorities of the province give their consent "for s"* fferry to be granted to the Towne of Newbury." June 5, 1695, Capt Thomas Noyes, Corn' George March, Abraham Merrill & Henry Short [were] appoynted by the Towne to vew a con venient place for a ferry over Merrimack River neer the now dwelling house of John Kelly, Senr, together w"> a Rode theretoo and bring re port to ye Towne at ye next meeting.* Two weeks later, the selectmen of Newbury were authorized to petition the next General Sessions of the Peace to be held at Salem for liberty to establish a ferry over the Mer rimack river near the dwelling-house of John Kelly, sr., and to appoint the said John Kelly, sr., keeper of it " until the towne see cause to other wise dispose of it." * The se lectmen were also instructed to ask "for the continuation of the fferry so long as the Towne shall judg it beneficiall, the price of s^ fferry to be sixpence money for horse and man and twopence for a single man, and for our owne Towne Inhabi tants sixpence in pay for horse and man & twopence in pay for a single person." f The petition presented to the Court of General Sessions, June 25, 1695, was by agreement referred to the next term of the court. On the twenty fourth day of September following the court ordered that the town of Newbury have liberty to keep a ferry over Merrimack •Town of Newburv Records. tTown of Newbury (Proprietors') Records, vol. i., pp. 22, 23. 460 HISTORY OF NEWBURY river near ye house of John Kelley where they are to keep a suitable boat a float with a hand ready to transport passengers, horses and cattle as need may require and ye fare of said ferry is hereby appointed to be a penny for a man and five pence for a horse and so proportionable for other creatures allwaies provided that ye town of Newbury do at their own cost and charge make and maintain a sufiicient highway from ye river up to ye country road way, and ye town of Almesbury do ye like on their side of ye river.* At a meeting of the inhabitants of the town of Newbury held October 18, 1700, the selectmen were authorized to lay out a highway near the residence of John Kelly, sr. It was also voted y' in order to a Convenient way to the fferry corn- only known by the name of Kellys fferry the Towne voted y' a Bridg should be made over the swamp leading to sd ferry to be made and main tained by the Towne so long as the Towne see cause.f April 12, 1703 upon the request of John KeUy, Sen"- John KeUy Junr, .A.biel KeUy, Jonathan Kelly & John Swett, Jun^, to make & maintain a good & sufiicient bridg or way over the swamp at the end of John Kelly, Senr, his field for the space of four years & thereby be aquitted from making or maintaining any other of the Highways of Newbury, the Towne grants they"- proposition on the conditions aforesd provided y' It be used so long for a public highway to ye ferry now Kept by sd John Kelly, Senr.J At the Court of General Sessions held in Newbury Sep tember 25, 171 1, John Swett, jr., of Newbury was licensed to keep the ferry over Merrimack river, near Holt's rocks, for the term of seven years. § September 3, 171 2, the inhabi tants of the town of Newbury again ordered the selectmen " to lay out the way from the Bradford road to Swett's ferry " ;|| and, on the thirtieth day of December following, the Court of General Sessions appointed a committee "to -view the way leading to the Ferry under the care of John Sweat junior of Newbury." § Twelve months later, the selectmen of Newbury applied to the General Court for liberty to keep the ferry and pay over annually to the treasurer of the town the amount received for ferriage. In answer to the Petition of the Select Men of Newbury Praying that the Profits of the Ferry lately granted, by the Gen" Sessions of the * Court Records (Salem), i6g2-i7og. frown of Newbury Records, vol. iii., p. 65. tIbid. (i693-r7S7), p. gg. § Court Records (Salem), 1696-1718. || Town of Newbury Records. FERRIES 461 Peace, to be kept over Merrimack River above Holts Rocks behveen Newbury and HaverhiU may be settled upon the Town of Newbury. Ordered [June 10, 1714] that there be a Ferry stated over Merrimack River in the Place mentioned in the Petition, the Profits of the said Ferry to be to the Towns of Newbury & HaverhiU in equall Proportion ; this Grant being limited for ye Space of forty Years next coming.* March 4, 171 8-9, the following petition was presented to the inhabitants of the town of Haverhill : — John Sweet petitioning to the Towne as foUoweth, — To the inhabitants of Haverhill this day convened at the meeting house in HaverhiU ; The petition of John Sweet of Newburj' humbly showeth. Whereas there has been a Ferry granted by the Court to the Towns of HaverhiU and Newbury for the term of Forty years where I now keep it. I humbly now request that I may have this Towns interest therein during the whole term, and I will carry over the inhabitants of this Town one single person for a penny per time, and a horse & man for four pence & oblige myself to keep good conveniences for the transport of passengers, for which liberality & kindness your petitioner as in duty bound shall always pray John Sweet. This petition granted in the terms imposed therein, f February 22, 1730-31 Deacon Caleb Moody, Mr Ezekil Hale & M' Joshua Bailey were chosen to let out ye Towne of Newburys part of ye Ferry caled Swets Ferre for foure years next insuing ye date hereof. J March 9, 1730— i, the selectmen of Newbury received from Mr. John Swett of Haverhill the sum of four pounds for the use of the ferry for the two preceding years. § March 5, 1732—3, they received from Mr. Joshua Bailey three pounds for the use of the ferry for the year 1731, and subsequently received from him three pounds annually for the years 1732, 1733, and I734.§ March 1 1, 1734-S, the inhabitants of the town of Newbury passed the following order : — Our Townes part of ye ferre caUed Swetts ferre is granted to Joshua Bailey upon his giveing to ye selectmen a bond to se said ferre be %veU tended & also to pay four pound a year, yearly, for three years insuing for ye use of ye Towne of Newbury. || •Province Laws, vol. ix., chap, xxiv., p. 356; General Court Records, vol. ix., p. 334. t Town of Haverhill Records. { Town of Newbury Records. § Records of the Selectmen of Newbury. II Town of Newbury Records (r73i-S3), p. 21. 462 HISTORY OF NEWBURY The settlement on the north shore of the river, now known as Rock's village or East Haverhill, was at that time quite a busy and prosperous place. Salmon and other fish were caught in large numbers in that locality, and an extensive trade with the West India islands was established and main tained for many years. March 9, 1755-6 David Chase was granted liberty to build a wharf at his own cost at Swetts ferry.* March 12, 1782, the selectmen of Newbury were author ized " to let that part of Sweats ferry belonging to Newbury and defend the same against the claim made by the town of Haverhill." f When the " Merrimack bridge," afterwards known as the " Rock's bridge," was built in 1795, the ferry established by John Kelly, sr., near Holt's rocks, in 1695, was discontinued. FERRY AT SAVAGE'S ROCK. July 24, 1735, Ml- Samuel .March & Lieu' John Emery were chosen for to joyne with those that are chosen by ye Town of Almsbury in us ing proper means to have a ferre granted ci settled over Merrimack River near Savages Rock, so caUed, between Almsbury ferre & Swetts ferre.t Savage's rock is on the southerly side of Merrimack river, between Rock's bridge and the mouth of Indian river. West Newbury. On the opposite shore is that part of Amesbury now known as Merrimackport. October 16, 1735, the Court of General Sessions held at Newbur)^," in answer to the petition of Newbury & Almsbury praying that a ferry be established over Merrimack river at or near a place called Savages Rock," granted the prayer of the petitioners, and appointed Thomas Stephens, of Amesbury, to keep the ferry "so as not to interfere with or prejudice the right of Humphrey Hook of Almesbury his heirs or assigns to the right of Ferriage if any he has," — the said Stephens to keep a good ferry boat and provide two able and experienced ferrymen to attend upon the same.§ * Town of Newbury Records (1731-85), p. 103. X Ibid., p. 24. f Town of Newbury Records. § Court of General Sessions (16^6-1718), p. 400. FERRIES 463 Humphrey Hook, who had the management and control of the ferry at the mouth of Powow river, was m litigation at that time with the town of Amesbury in regard to the rights and privileges that he claimed in the transportation of men, horses, and carriages from the Newbury shore. The case was warmly contested, and finally settled by compromise several years later. March 8, 1736-7, the selectmen of Newbury were desired " to agree with M"' Thomas Stephens relating to y= ferre at Savages Rock " ; * and, in 1 743, the town of Amesbury leased the ferry " to Deacon Stevens for five years at forty shillings, old tenor." f March 26, 1 764 It was also voted to remove ye Ferry that is kept near Savages' Rock to Sargent's Creek so CaUed and Capt Robert Sar gent was appointed ferryman.J The ferry was probably discontinued soon after the bridges at Holt's rocks and Deer island were buUt. FERRY AT BARTLETT'S COVE. March 10, 1761, the town of Newbury granted a peti tion for a ferry from the middle of Bartlett's cove to Salis bury, on condition that the petitioners " obtain a hcense for the same from the Court of General Sessions." * This grant was not confirmed by the court. Subsequently, several attempts were made to secure a license ; but no definite action was taken until September, 1789, when the court ordered " that Joseph Swasey and John Webster be licensed to keep a ferry over Merrimack River at or near Jona than Moulton's dwelling house in Newbury in said County, and from thence to the opposite side of said river in Salis bury." It is said that Washington was taken over this new ferry in a barge specially prepared for the occasion, on his way from Newburyport to Portsmouth, October 30, I789.§ In his diary, published in 1858, he wrote : • Town of Newbury Records. t History of Amesbury, p. 206. + Town of Amesbury Records, p. 334. The entrance to Sargent's creek, from Merrimack river, vvas at Merrimackport. § Putnam's Historical Magazine for March, 1895, p. 77, 464 HISTORY OF NEWBURY Left Newburj-port a little after 8 o'clock (first breakfasting with M' Dalton) and to avoid a wider ferry, more inconvenient boats, and a piece of heavy sand, we crossed the River at Salisbury. It is possible, however, that the older ferry, known as Amesbury ferry, was the one used on that occasion, and that Washington landed at the mouth of the Powow river in Amesbury, as some local historians assert, and then proceeded along the river road through Salisbury point to the Rocky Hill meeting-house, where several companies of soldiers were drawn up to receive him.* The new or middle ferry, as it was sometimes called, under the management of Joseph Swasey, of Newburyport, and John Webster, of Salisbury, was successfully maintained until 1 792, when the Essex Merrimack bridge was built across the Merri mack river at Deer island, and the ferry was discontinued for lack of patronage. f * History of Amesbury (Merrill), p. 304. t For a more extended account of this ferr>' see " Ould Xewbury," pp. 239-246. CHAPTER X. POSTAL SERVICE. •November 5, 1639, the General Court of the Colony of Massachusetts Bay passed the following order : — For preventing the miscarriage of letters, — It is ordered that notice bee given that Richard Fairbanks, his house, in Boston is the place appointed for all letters which are brought from beyond the seas, or are to be sent thither: — are to bee brought unto him and he is to take care that they bee delivered or sent according to their directions, and hee is allowed for every such letter id and must answer all miscarriages through his own neglect in this kind ; provided that no man shall bee compelled to bring his letters thither except hee please.* Some years later, it was customary to leave letters at the exchange or the town hall, "so that who will may take them up " and forward them ; but " letters of great moment were" frequently lost." Francis Lovelace, governor of New York, established postal communication between that state and New England early in the year 1673. In a letter dated "Fort James 27"' December 1672," he wrote to John Winthrop, governor of Connecticut, that the postman would set out from New York on the first Monday of each month, . . . and is to return within the month from Boston to us again. The mail has divers bags, according to the towns the letters are designed to, which are all sealed up, till their arrivement, with the seal of the Sec retary's office, whose care it is on Saturday night to seal them up ; only by-letters are in an open bag to disperse by the ways. Thus you see the scheme I have drawn to promote a happy correspondence. I shall only beg of you your furtherance to so universal a good work : that is, to afford him directions where and to whom to make his application to upon his arrival at Boston, as likewise to afford him what letters you can to establish him in that employment there. It would be much advantageous to our design if in the interval you discourse with some of •Massachusetts Colony Records, vol. i., p. 2S1. 465 466 HISTORY OF NEWBURY the most able woodmen to make out the best and most facile way for a post, which in process of time would be the King's best highway, as likewise passengers and accommodation at rivers, fords, or other neces sary places.* The General Court of Massachusetts bay ordered, January 6, 1673-4, that every messenger or post-rider carrying offi cial despatches should be paid threepence a mile for his services, including the use of his horse ; and innholders were prohibited from charging such messengers more than two shillings a bushel for oats and fourpence for the hay required to keep a horse one day and one night. f May 23, 1677, a petition was presented to the General Court, requesting the appointment of a suitable person "to take in and convey Letf= according to direction." % On the first day of June following, the court "made choyce of M' John Hayward, the scrivener, to be the person for that service." § June 1 1, 1680, In ans^ to the peticon of John Hayward, it is ordered, that he be continued for postmaster to receive in letters & take care for the sending of them to the owne^, according to superscription, till this Court take other order ; and that all masters of ships or other vessells doe, vpon their arrivaU, send their letters that come in the bagg to the said post office except as they shall particularly take care to deliver w'h their oune hands : that the said Hayward, or postmaster, be aUowed for euery single letter one penny in money, & for euery packet of two or more two pence in money. || These orders and regulations were evidently intended to appl}- to the collection and delivery of foreign letters only. Other written communications, relating to business or domestic affairs, were conveyed from town to town by the hand of friends or occasional travellers. Strictly speaking, there was no postal service in New Eng land until after the repeal of the colonial charter and the establishment of the province of Massachusetts bay. Gov. Andros wrote, under date of November 23, 1687, to the secretary of the Connecticut colony that he proposed to send • .Massachusetts Historical Society Collections, vol. bt.. Fifth Series, p. 84. -< .Massachusetts Colony Records, vol. iv., part ii., p. 574. + Province Laws, vol. vii., p. 430. S.Massachusetts Colony Records, vol. v., p. 147. II Ibid., vol. v., p. 273. POSTAL SERVICE ijo-j letters once a month from Boston to Hartford during the winter. The secretary replied, December 5, 1687 : I believe Perry will undertake once a month to pass from Fairfield to Boston in the winter, and once in three weeks in the summer, or oftener if your ExceUency desire it, and the charge of it. upon the whole will be no great matter. Should it be put upon letters at first, I believe it wUl not answer the charge to satisfy the post. But if it were tried one year by a salary the better guess may be given for a future settlement of it.* After the overthrow of Sir Edmund Andros, King William and Queen Mary issued, February 17, 1691-2, letters patent to Thomas Neale, Esq., granting him full power and authority to establish offices in the colonies of North America " for the receiving and dispatching of letters and pacquets." Andrew Hamilton was appointed deputy postmaster-general "to govern and manage the said general post office for and throughout all their majesties' plantations and colonies on the mainland or continent of America, and the islands adjacent thereunto, pursuant to the directions of the said letters patent." f John Usher, deputy governor of the province of New Hampshire, wrote from Boston, March 25, 1693, to the mem bers of his council : Genti° : — The Poste Master General being here in Boston & giving account y' he has settled a poste from Virginia to Boston once a week, he is very desirous to know whatt you wiU be pleased to allow either as a yearly sallary, or how much a letter for postage of a single Letter from Piscataqua to Boston ... Itts desired you would likewise signifye whether you would have a poste once a week or once in two weeks.| June 9, 1693, the province of Massachusetts bay passed an act establishing a general letter office in Boston for receiving and despatching letters "from their majesties dominions be yond the seas" to any colony or province in New England. § * Connecticut Colony Records, vol. iii , p. 398; and Palfrey's History of New England, note on p. S48. t Province Laws, vol. vii., note p. 431. X Papers relating to the Province of New Hampshire, vol. ii, p. 100. Samuel Allen, a London merchant, having purchased all the land, within the limits of the province of New Hampshire, belonging to the heirs of Capt. John Mason, obtained permission to organize and maintain a permanent govemment there. He appointed his son-in-law, John Usher, deputy govemor, August 13, 1692. Although frequently called to New Hampshire on official business, Mr. Usher continued to reside in Boston tmtil his death, September 5, r726. § Province Laws, vol. i., p. ns. 468 HISTORY OF NEWBURY The second section of this act provided that the postage on a single letter from New York to Boston should be twelve- pence, from Salem to Boston threepence, from Ipsvsdch, New bury, and other places eastward of Salem, within the province of Massachusetts bay, fourpence, and from Piscataqua (Portsmouth) to Boston sixpence. This act was declared to be inconsistent with the letters patent granted Thomas Neale by King William and Queen Mary ; and, November 5, 1696, it was disallowed by the privy council. While it remained in force, however, Duncan Campbell was appointed deputy postmaster of Boston, by and with the consent of Andrew Hamilton, deputy postmaster- general. On the twenty-third day of November, 1693, Campbell applied to the General Court for compensation for his services ; and, June 20, 1 694, he was granted an annual allowance of twenty-five pounds for two years. On the twenty-fifth day of October following, " an Act for Regulating Ferries " was passed. This act expressly pro vided " that the general post that is settled for their majesties and the countrys service be readily dispatched and set over by all ferry men where they shall come, without delay." * The following year, Campbell appealed to the governor and council of the province of New Hampshire " for such assist ance as in their wisdom shall be judged reasonable." May 21, 1695, in answer to the petition of Duncan CampbeU for al lowing a salary for encouragement of the Post, a bill past both Houses for aUowing £\z for this year, provided the Post be kept.f Duncan Campbell died in 1 702 ; and John Campbell, who succeeded him as postmaster in Boston, petitioned the Gen eral Court of Massachusetts, May 26, 1 703, for compensation for his services, stating that, since the disapproval of the act passed for the encouragement of the post-office in 1696, " there has been no action on the part of the province of Massachusetts Bay to regulate and control the postal service." On the second day of June, this petition, with the memorial accompanying it, was referred to a committee who subse- • Province Laws, vol. i., p. 183. t New Hampshire Provincial Papers, vol. ii., p. 156. POSTAL SERVICE .469 quently submitted a report which was accepted, allowing Mr. John Campbell the sum of " ^^20 for all time past and £40 for y" year ensuing " for his encouragement and support in the transmission of public letters, and providing " that the said Campbell be freed from Impresses, Trainings & watches dureing his employment of Post Master." This report was amended by making the compensation ten pounds instead of twenty, and twenty pounds in place of forty, and as amended was agreed to by the governor and council July 22, 1703.* On the ninth day of September, the following order, passed by the governor and council, was concurred in by the House of Representatives : — Every Master of any ship or vessell arriving from any Foreign parts shall deliver in all his Letters to the Post Office at the Port of discharge, or shall deliver them at any other place where he happens first to ar rive : The Post Master demanding the Same : In which case they shaU be forthwith expressed to ye Post office in Boston. And all masters shall be paid by the Post Master a half penny a Letter for Every & so many Letters as he shall put into the office : and the Post Master shall be paid & receive the accustomed Rates & Prices now paid for Letters by him delivered out : The Collector and Naval Officer, respec tively, to Give Notice of this order to all masters.f Newbury, at that date, was a town of considerable commer cial importance, having an extensive trade with the West India islands and also with the continent of Europe. The collec tion and transmission of letters from foreign lands required constant care and attention. Post-riders from Boston passed through Newbury on their way to Portsmouth, and were often delayed, especially in the winter season, by bad travelling and severe snow-storms. The Boston News Letter, published by John Campbell, postmaster, makes the following announce ments : — The Eastern and Piscataqua Post sets out from Boston every Mon day night at seven of the clock and all Persons are desired to bring their Letters to the Post Office before six a clock. J The Eastern Post came in on Saturday and sets out on Monday night, who says. There is no Travailing with Horses, especially beyond Newbury, but with snow shoes which our People do much use now that * Province Laws, vol. viii., p. 285. t Ibid., vol. i., p. 430. X November 13 to 20, 1704. 470 HISTORY OF NEWBURY never did before. The Western Post came then also in, and sets out on Tuesday morning, who likewise says 'Tis very bad TravaUing.* March 25, 17 16-7, the snow was five feet deep in the woods, and in some exposed places the roads were covered to the depth of fifteen or twenty feet. The "post boy," travel ling on snow-shoes, was nine days in making his trip from Salem, Mass., to Portsmouth, N.H., and eight days in return ing, the distance between the two towns being about forty miles. f Lord Cornbury, in a letter dated New York, July i, 1708, to the commissioners for trade and plantations, in England, says : . . We have but two safe ways of sending into England, which are the Virginia Fleet and the Mast Fleet from New England. . . . From Bcston there is a Post by which we can hear once a week in summer time, and once a fortnight in winter, so that we have a sure conveyance by the Mast Fleet. The conveyances by the West Indies ha\-e proved very uncertain for several of our vessels have been taken Every Year during the War, besides that several of the Packet Boats from England have been likewise taken. % •' A new and Exact map of the Dominions of the King of Great Britain on y'= continent of North America, By Herman Moll, Geographer," was pubhshed in 171 5. On the margin of this map is a notice of the arrival and departure of the mails, from which the following paragraph is taken : — . . the Post from Boston to Piscataway, being 70 miles, leaves Let ters at Ipswich, Salem, Marblehead and Newbury. . . . There are offices kept at Burlington and Perth Amboy in New Jersey, New London and Stonington in Connecticut, at Rhode Island, Bristol, Ipswich, Salem, Marblehead and Newbur}-, and ye 3 Great offices are at Boston, New York & Philadelphia. It is evident that the postal service between Boston and Portsmouth was well established when the above announce ment was made ; and Jonathan Plummer, in a deed dated April 16, 1 7 1 6, is described as " Postmaste' in y° township of * Janu.ir>- 29 to February 5, 1704-5. t '* Historic Storms " (Sidney Perley) , p. 55. + New York Colony Manuscripts, vol. /., p. 53. POSTAL SERVICE 471 Newbury." * There are no records to show who was post master in Newbury previous to that date, but Joseph Lunt probably "rode post " as early as I708.f " The Boston Weekly Post Boy," a newspaper published from October, 1734, to December, 1754, has the picture of a ship under full sail, on the left hand side of the title, at the top of the first page ; and the following appropriate device, on the right hand side, representing a postman, on horse back, sounding his hom.J POST-RIDER — 1734. The following items relating to newspapers and post-riders were recorded by Rev. Matthias Plant. July I, 1735, I received ye news letter from ye Postman. January 26, 1 741-2 Then Paid to M"- Gerrish, Postman, for 2 years & a quarter for news Paper carrying & for taking my horse from Salem to Mr. Watts at Winnisimet w^ horse I hired there 1.9.6. June 18, 1742 then pd Mr. Fleet for news paper 1.4.0. May 30, 1 746 I pd Mr. Fleet att Boston for ye News Paper for ye year 1745. 1.8.0. * Essex Deeds, book liv., leaf 67 ; also, book xxxvi., leaf 49. tCoffin's History of Newbur>', p. 173. X Reproduced from an original copy of " The Boston Weekly Post Boy " in the Boston Pub lic Library. 472 HISTORY OF NEWBURY June 13, 174S I paid M"- Fleet for 2 years News Papers 3.0.0. March 23, 1749-50 then I paid to post Gerrish for bringing News Papers 9. years 4.9.0. Then p'er was evidentiy a bookseller as well as apothecary. The second edition of a sermon entitled " The Nature of Saving Conversion " was printed in Boston in 1770, "and sold by Edmund Sawyer at his house in Newbury." A sermon preached in the Presbyterian meeting-house, Newburyport, "by .Abraham Keteltas, A.M.," was printed by John Mycall, in 1777, " for Edmund Sawyer and to be sold at his shop in Newburv." The land conveyed by Joseph Pilsbury in 1766 to Edmund Sawj'er was sold March 5 and .April V), 1S02, by Enoch Sawyer and others, to Isaac Green Pearson. (Essex Deeds, book clxxvi., leaf 164.) %t^cq (f/C'Aocnher^i SHAPE AND RIG OF VESSELS — 1800 S.Iml. ;/ 488 HISTORY OF NEWBURY thirty years that Mr. Briggs lived in Newbury, he built seven teen ships, thirteen brigs, and ten schooners. In 1 8 12, Elias Jackman had a ship-yard near the Essex Merrimack bridge, where he carried on the business of ship building for several years. September i8, 1813, the United States sloop-of-war " Wasp " was launched from the ship-yard near Moggaridge's point.* As she entered the water, a bottle of wine was broken over her bow, and the workmen cheered, whUe her captain shouted, — " From the rocks and the sands. From the enemies' hands, God save the Wasp." She was 1 1 7 feet, 1 1 inches long on the gun deck, 97 feet, 6 inches on the keel, and measured 5095-3- tons, carpenter's measure. Orlando B. Merrill, of Newbury, and William Cross, of Newburyport, were the builders and contractors. They received fifty dollars per ton for the vessel completed and ready for sea, including masts and spars, rigging, joiner's work, blacksmith work, painting, etc., according to the terms of the " contract made with Amos Binney, Agent for the United States Navy Department, at Boston." Friday evening, February 18, 18 14, the officers of the sloop-of-war " Wasp " gave a ball on board the vessel while she was lying at one of the wharves in Newburyport, nearly ready for sea.-j- She saUed February 22, 18 14, for Ports mouth, and arrived there the same day, where she received guns, ammunition, and other naval supplies.:): Early in the month of May following, she sailed from Portsmouth for the English coast. During the summer, she captured thirteen merchant vessels, destroying twelve of them at sea and send ing one into port. In September, 18 14, after a severe en gagement with an Enghsh frigate, it is supposed that she sank, with all her crew, off the island of Tenerlffe. Two years later, an agent of the United States government was sent to Newbury with 550,000 prize money and twelve * Newburyport Herald, September 2r, 1S13. t Ibid., February 22, 1S14. + She was commanded by Capt. Johnston Blakeley, and most, if not all, of her crew were from Newbury and Newburyport. COMMERCIAL AFFAIRS AND SHIP-BUILDING 489 months' -wages, to be distributed among the heirs of the officers and men who were on board the " Wasp " when she was lost. In the " Newburyport Herald and Country Gazette," pub lished Friday, November 5, 1 8 1 3, " a vessel, about 1 1 5 tons burthen, now on the stocks in John B. Coffin's yard" was advertised for sale. At the same date, Stephen Dutton was engaged in ship-building at or near Moggaridge's pomt. The brig " Calisto," " one of the best buUt vessels that ever sailed from this [Merrimack] river," and the ship " Jacob Jones," " 545 tons register and pierced for 20 guns," both buUt by Mr. Dutton, were reported as having arrived at Boston, De cember 7, 18 1 3.* The brig " Olive," buUt for Capt. Micajah Lunt and others in Newbury during the summer of 181 5, was engaged for many years in the foreign carrying trade. She made many long voyages -without meeting with serious disaster, although she was only 157 tons burthen. In the half-tone print on the ne.xt page, taken from a water color sketch painted in 18 19, the shape of her bow, the cut of her saUs, and the style of her rig can be seen and conveniently studied by those who are interested in the history and de velopment of ship-building on the Merrimack river. February 16, 18 14, Elias Cook sold to Joseph Coffin several acres of land in Newbury, "extending to a great rock in Merrimack river " ; f and October 16, 1821, Thomas Cook sold " to the said Joseph Coffin " land on Coffin's lane " -with a dwelling house thereon."f Subsequently, Joseph Coffin bought of Thomas MerrUl f and Moses Brown § additional land on Coffin's lane, now Jefferson street, Newburyport, and built several vessels there. A part of this old building-yard was afterwards owned and occupied by Joseph Coffin, jr., who purchased, December i, 1845, from the estate of Moses Brown, merchant, "one equal and undivided third part of Coffin's ship yard, so called, at or near the foot of Coffin's lane formerly so called." || * Newburyport Herald and Country Gazette. t Essex Deeds, book ccxxxix., leaf t23. t Ibid., leaf 124. §Ibid., book ccliii., leaf 275. II Ibid., book ccclxxiii., leaf 126. o/hw ('l/il-( (/. \(ii'fin-i/fl/iil . lliKi/ii/r /mil /¦III' iii'i.i/n- rii/i///i// lii///f'jj/ ./ih/i'j '(f'r(ffr/y u'' (»/i) COMMERCIAL AFFAIRS AND SHIP-BUILDTNG 491 Stephen Jackman, jr., built from 1830 to 1848, in the ship yard adjoining the Moggaridge yard, twenty-five or thirty vessels, including thirteen brigs for Capt. John N. Cushing, of Newburyport, and two steamers for the coastwise trade, — the "Decatur" and the " Ohio." * June 5, 1840, he bought of Mary J. Hale, wife of Jacob Hale, several acres of land in Belle-ville, the said estate bemg at that time "occupied by the said Stephen Jackman, esq., as a ship yard." f In 1 83 1, John Currier, jr., built, in the yard previously occupied by Capt. Oriando B. Merrill and others, the ship "Brenda," 375 tons register. He afterwards buUt in the same yard ship "Republic" and bark "Oberlin." In 1833, he purchased five or six acres of land on the easterly side of Poore's lane, now Merrimack court, Newburyport, where he carried on the business of ship-building for fifty years. In AprU, 1883, he launched the ship "Mary L. Cushing," the last merchant ship built in the state of Massachusetts. % WUliam Currier, pre-vious to 1840, -was associated with Mr. Elisha Briggs in ship-building at the foot of PUlsbury's lane, now Ashland street, Newburyport. Subsequently, he formed a partnership with Donald Mackay, who had been employed by John Currier, jr., to superintend the buUding of the ship "Huntress " in 1839. Messrs. William Currier and Donald Mackay built in 1 842, in the ship-yard owned by Mr. Elisha Briggs, the ship " Courier," 380 tons, and the ship " Ashburton," 449 tons register. In the following year, WUliam Pickett and Donald Mackay built in the Moggaridge yard the ship "St. George," 845 tons register, and in the year 1844 the ship "John R. Skiddy," 980 tons, and the ship "Joshua Bates," 620 tons register. Mr. Mackay removed to East Boston in 1845, ^-nd built there many clipper ships. He died September 10, 1880, and was buried in Oak Hill cemetery, Newburyport. *The steam propeller " Decatur," owned by Albert Wood. John Porter, and John Wood was enrolled at the custom-house, April i6, 1845 and sailed for Boston on the twenty-first. She was advertised in the Newburyport Herald, May 6, 1S45, to make regular trips between Newburyport and Boston, "Joseph Bartlett, master." The side-wheel steamboat "Ohio " was built the next year, and was advertised May 20, 1846 to make two trips to Boston weekly, " Jere miah Lunt, commander." t Essex Deeds, book cccxix., leaf 173. + " Ould Newbury," pp. 282-285. 492 HISTORY OF NEWBURY William Currier and James L. Townsend built in the Ehsha Briggs yard the bark " Talisman " in 1843, and the ship "St. Patrick " in 1844. They were engaged inactive business until 1856, and during that time launched many famous ships, among them in 1853 the " Highflyer " (1,195 tons) and the " Dreadnaught " (1,414 tons). December 6, 1849, George W. Jackman, jr., bought of Mary W. and Eleanor Moggaridge land with the buildings thereon, " called the Moggaridge estate." * He also pur chased the adjoining ship-yard, previously owned by his brother Stephen Jackman, jr., and in 1850 buUt his first vessel, the bark "Hollander," 525 tons register. He afterwards built in the same yard several large clipper ships, the United States gunboat " Marblehead," the United States steamer "Ascut- ney," and the merchant steamships " Ontario " and " Erie." In 185 1, when the ship-yards at BellevUle and Joppa f were set off and annexed to Newburyport, ship-building ceased to be one of the industries of Newbury. The business, however, was continued for many years after that date in Newburj-port. * Essex Deeds, book ccccxx., leaf 235. tSoon after the incorporation of Newburyport in 1764, that part of Newbury between North, now Oakland, street, Newburyport, and the Artichoke river was called Belleville. The name was frequently mentioned in deeds and advertisements early in the nineteenth century. .A ser mon by Rev. Jaraes Miltimore, printed in 1S07, has upon the title-page "preached in Belleville in the Fourth Parish of Newbury, at the Dedication of the New Meeting House in that place." Near the river side between Rolfe's lane, now Ocean avenue, and Cottle's lane, now Brom field street, the inhabitants of Newbury were mainly occupied in catching and curing fish, and that part of the town was called Joppa, and is still known by that name. CHAPTER XII. MILITARY ORGANIZATIONS AND INDIAN WARS. December 13, 1636, all the able-bodied men in the colony of Massachusetts Bay, capable of bearing arms, were divided into three regiments : the first composed of men from Bos ton, Ro.\bury, Dorchester, Weymouth, and Hingham ; the second, from Charlestown, Newtowne (Cambridge), Water- town, Concord, and Dedham ; the third, from Saugus (Lynn), Salem, Ipswich, and Newbury. John Endicott was appointed colonel of the third regiment, and John Winthrop, jr., Ueu tenant colonel.* March 9, 1636-7, a watch, or guard, was established for the protection of the inhabitants of Newbury from the attacks of hostile Indians. John Spencer was chosen captain of the company organized at that date.f He was discharged May 17, 1637; and John Woodbridge was appointed "surveyor of armes," and Edward Woodman, " leiftenant." :j: Captain Spencer was evidently a friend and zealous sup porter of Rev. John Wheelwright and Mrs. Anne Hutchinson, and sympathized with them in their religious -views and opinions. He became involved in the bitter controversy that prevailed during the summer of 1637; and, on the twentieth day of November following, he was accused of disloyalty to the govemment, and was ordered by the General Court to be disarmed. § November 9, 1639, "Edward Grenliff" was appointed ensign of the company. || "October 7, 1640, Mr. Woodman of Neweberry [was] released from beuig leiftenant there." ^ May 14, 1645 M"- Symon Bradstreete, Capt Dani: Dennison, Leif' Edmund Greenleife, Ensigne John Whittingham, S'gent John Reming ton, w'ti divrs oth"- gentlem" of Ipswich, Neweberry, Rowley, Salsberry & Hampton, out of yi"- care for ye safety of ye publike weale having * Massachusetts Colony Records, vol. i. , p. 187. t Ibid., vol. i., pp. 190, 191. t Ibid., vol. L, p. 195. §Ibid., vol. i., p. 212. || Ibid., vol. i., p. 279. IT Ibid., vol. i., p. 302. 493 494 HISTORY OF NEWBURY desired of ye cort to joyn y^selves in one company & to have liberty to e.xercise ymselves at such times as yi^ occasions will best p'mit & y' such othr librties & priviledges might be granted y™ as ye Con should think meete, for ¦f' better incuragemt & furtherance in so usefull implimt w<:h request of theirs being consid'ed of is granted as followeth, I . Inp. Wee do ord' y' M"- Symon Bradstreete, Cap' Denison, Leif' Greenleife & ye above named gen' & such oth" as they shall from time to time take into ye company, shalbe called ye Millitary Company of Ipswich, Neweberry & Rowley.* On the eleventh day of November, 1647, the General Court adopted the following order : — It is conceived meete y' ye towne of Newberry should p'sent anothr cheife military offic in ye roome of Leif' Greenleafe wm they discharge accords to his request.j The religious controversy between Rev. Thomas Parker and the members of his church in regard to his rights and duties as minister was at that date so fierce and acrimonious that it divided the inhabitants of the town into two nearly equal parties, and rendered it impossible to agree upon a suit able person to serve as captain. May 10, 1648, "upon the petition of the townes men of Newberry," the General Court passed the foUowing resolution : — Whereas there is a [controversy] in the towne about the choyce of their captaine, for p'venting of further debate in co^te (weh will occasion e.xpence of much p'cious time) & to help on a reconciliation between the now different parties of the towne, they are willing to consent to a new election as aforesaid, so as the towne shall elect two, of w* this Cone may alow one, when they shall thinke fit.J May ro, 164S In answer to the pet" of the inhabitants of Newberry about the choyce of a Cap' it was ordered, that they should p'cede to a new election & make choyse of two men & p'sent their names, of which the Court might alow one, whom they should thinke fitt: and Major Denison is hereby desired to be p'sent at the election to se it orderly car)-ed on.§ May 2, 1649 Upon the petition of Newberry Men, it is answered, the petitionrs not haveing observed the Cons ord"- in the election of their * Massachusetts Colony Records, vol. ii., p. iii. In "The Wonder Working Providence of Sions Saviour," the author states that, when^ the military organization of Essex and Norfolk counties were united in one regiment, '' the Band of Nuberry [w'as} led by Cap' Gerrish, with his antient and experienced Lieutenant Greenlife. . . . the major of the regiment [was] Daniel Denison of Ipswich." {^[as3acbusetts Historical Collections, Second Series, vol. vii., p. 55.) t M:\3sachuselts Colony Records, vol. ii., p. 215. X Ibid., vol. ii., p. 238. § Ibid., vol. ii., p. 122. MILITARY ORGANIZATIONS AND INDIAN WARS 495 officers, the Cote cannot alow of their Choyce, but the said petitionrs have liberty to p'ceed to a newe election according to ord' of Cone, & to p'sent ye names of those whom they shall so elect to the County Co'te at Salem or Ipswich to be confirmed.* May 23, 165 1, the General Court passed the following order : — In ansr to the request of the towne of Newberry itt is ordered that Mr Wm Gerrish shall be their Captaine, and John Pike their leftennant and that the said towne shall goe to a new elecCon for an ensigne when they see meete.j October 14, 1 65 1 Whereas it was ordred, the last session of this Court, that the towne of Newbery should goe to a new election for theire ensigne, in respect the last choyce was not cleare, which accord ingly they haue done & haue legally made choyce of Benjamin Sweate, which, uppon theire request, this Court doth aproue of for y' place & hereby confirms him therin.J Mr. WUliam Gerrish, having been elected " lieutenant of the Troop of horse for Essex," was confirmed in that office by the county court held at Ips\vich, March 27, 1649. § Some question having arisen in regard to the validity of the election, the subject was brought to the attention of the General Court May 26, 1658. In ansr to the petition of the inhabitants of Newbury &c humbly craving that they might haue the bennefitt of the law that no man should haue comand of the horse & ffoote both, that Cap' Gerrish may be required to desert the horse & wholly attend the ffoote, or attend the horse & medle no more w'h the ffoote, that so they may be excef by him vpon whom they must depend in time of neede, i.e. theire lef'nn' allowed & approved of by the Court. The Courte Judgeth it meete to graunt their request. || On the same day, John Emery, John Webster, and several other inhabitants of Newbury were ordered "to appeare before the General Court in October ne.xt, to answer w' is laid ag' them " ; and Henry Short, Richard Kent, Richard Knight, Nicholas Noyes, and Anthony Somerby were ordered to attend as witnesses. •Massachusetts Colony Records, vol. ii., p. 274. t Ibid., vol. iv., part i., p. 47. X Ibid., vol. iii., p. 254. § Ipswich Court Records, vol. i., p. 14 e. II .Massachusetts Colony Records, vol. iv., part i., p. 34t. 496 HISTORY OF NEWBURY October 19, 1658 the Court having heard the case relating to the military company peticon of Newbury, preferred by Jno Emory, Senr who, w'h his sonnes, John Emery, Junr & Jno Webster & Solomon Keyes, haue binn so busy & forward to disturbe the peace of the place bv their actings in seuerall respects & occationed much trouble to this court in refference thereto, Judg it meete to order that the said John Emory, Senr, Jno Emery, Junr, Jno Webster & Solomon Keyes be seuerally admonished to beware of the like sinfull practizes for time to come, weh this court will not beare : and that they pay the seuerall chardges of theire neighbors at the last Court and this, in coming for releife from such under courses. Costs allowed in all, was fower pounds, eight shillings & ffees.* Notwithstanding this order of the General Court, military discipline and efficiency was seriously impaired by the dis sensions and disagreements that continued to disturb the peace and harmony of the church; and May 19, 1669, the subject was again brought to the attention of the deputies, assembled in Boston, and the following vote was then passed : — In consideration of the distraceons of the military company in New bury for the better composure & prevention of the increase thereof Major Generall Leueret & Major Dennison are hereby desired & im powered to inquire into the grounds thereof vpon the place & to doe what to them shall seeme meet & necessary for a peaceable settlement, till ne.xt session of this court.f After many unsuccessful attempts to harmonize the conflict ing views and opinions that distracted the church, a tempo rary reconciliation was effected and military officers elected, who were confirmed by the following vote : — May 31, 1670 This court hauing left it to the care of [John Leverett and Daniel Dennison], Majo'generalls, to make temporary prouissioh for military officers at Newbury, who did appoint Archelaus Woodman to be lef' & Stephen Greenleafe ensigne to the sajd company, which sajd appointment being satisfactory to this court they are hereby confirmed & allowed and are to haue coinissions accordingly. J Daniel Pierce, jr., was chosen sergeant, and Joseph Pike, corporal, at a meeting of the company, held December 14, 1674 ;§ and October 7, 1678, the General Court appointed * Mass<-ichusetts Colony Records, vol. iv.,.part i., p. 362. t Ibid., vol. iv., part ii., p. 425. X Ibid., vol. iv., part ii., p. 454. § Town of Newbury Records. MILITARY ORGANIZATIONS AND INDIAN WARS 497 "Daniel Pearse Captaine to the ffoote Company in New berry." * In 1680, an effort was made to divide the soldiers of New bury into two companies, and form them, with other companies from Rowley, Bradford, Andover, Topsfield, Salisbury, Ames bury, and HaverhUl, into a regiment under the command of Major-general Dennison.f In order to facilitate the organi zation of these two military companies in Newbury, the Gen eral Court ordered. May 16, 1683, . . . that Thomas Noyce be captaine of the second company, Trystram Coffyne, leiftenn' & Jacob Tappin, ensigne & that cofnissions goe out accordingly.^ The subject was again considered by the deputies February 13, 1683-4, when the following vote was passed: — It is ordered that Major SaltonstaU, w'h the deputy of Newbery, take care forthwith to make division of the souldjers of Newbery into two companjes in as aequall a manner as they can, and that Cap' Peirce & his coinission officers shall haue the first choyce.§ The cavalry, or moimted dragoons, in Essex county were also reorganized. February 13, 1683-4 The Court, considering that the troope belong ing to Newbury & Rowley is not yet compleated with coinission officers doe, therefore, appoint, M' Richard Dumer captaine, Thomas Lambert, lef, & Henry Short cornet of sd troope. || At that date the conflict between King Charles II. and the General Court, in regard to the rights and duties of the free men of the colony of Massachusetts Bay was serious and alarming. It was considered advisable to restore the cross that John Endicott had cut from the flag in 1634. May 31, 1684, Capt. Thomas Noyes, of Newbury, was ordered by Maj. Nathaniel SaltonstaU, of Haverhill, "to provide a flight of colours for the foot company, y' ground field or flight whereof is to be green, with a red cross \vith a white field in y' angle, according to the antient custome of our own English nation, and the English plantations in America and our own • Massachusetts Colony Records, vol. v., p. 213. t Ibid., vol. v., p. 21)5. t Ibid., vol. v., p. 409. § Ibid., vol. v., p. 43'. II Ibid., vol. v., p. 432- ' 498 HISTORY OF NEWBURY practice in our ships and other vessels. The number or bul lets to be put into the colours for distinction, may be left out at present without damage in the making of them." * October 23, 1684, the High Court of Chancery in England entered a decree vacating and annulling the charter of the colony. May 29, 1685, Archelaus Woodman asked to be discharged from the office of lieutenant in " Cap' Daniel Pierces company." Stephen Greenleaf was chosen lieutenant ; and Nathaniel Clark, " the oldest sergent in the company," was elected ensign. f After the appointment of Sir Edmund Andros govemor of New England, the military companies of Newbury were in a disorganized condition. Meetings for the election of officers were discontinued, and military drills were abolished, by order of the govemor and councU. April 18, 1689, Governor Andros was seized and imprisoned in Boston. A few months later, he was sent to England for trial. July I, 1689, the inhabitants of Newbury voted "that all our Milletery officers that were in comission upon May 12, 1 686 do take y' care and conduct of us in peace and war . . . until we shall have time and opportunity for a farther choyce." i: Vacancies were filled with commendable prompt ness, and the following notices were sent to Hon. Simon Bradstreet, who had, in the mean while, been elected chief magistrate of the provisional govemment organized in Boston. To the honoured Governour and Counsell of the Massachusetts Colony for Newengland These are to signifie that the troop belonging to Newbury and Rowly being duly Convened for that end ; they did by theyre votes then given in nominate Liftenant Steaven Greenleafe Junr to be Captin of s * Winthrop's History (edition, 1853), vol. ii. , p. g6. MILITARY ORGANIZATIONS AND INDIAN WARS 501 autumn rains and other difficulties prevented. " They could not go to his wigwam, but they came to his son's and took him, which they had warrant for, and a squaw and her child which they had no warrant for." * On their way to New bury, they led Passaconnaway's son " in a line, but he taking an opportunity, slipped his line and escaped from them." Fearing that the Indians would be exasperated by these proceedings, the General Court considered it advisable to sur render the captives. [September 8, 1642] an order was sent to Leif' Greenleafe, or in his absence to Mr Woodman, for sending home the Indian woman & child from Newberry & to send to Passoconnaway for satisfaction.-j- " Sergent John Leveret & Sergent Edw'^ Hutchinson" were instructed to go with guides and interpreters to the Indians hving in the vicinity of the Mystic river, and explain to them why the order to disarm Passaconnaway and others had been issued. You are to informe them of or true intent in disarming the Indians neare us & that wee meane to render them their armes againe when wee are satisfied of their innocensy & that what was done to Passaconnaway his Sonne, etc., was through his owne p'vocation & not by any order from us (for wee intended only to speake w'h him) & that wee have given order to have his squa & papoose to bee sent whom to him againe.J September 27, 1642, the General Court ordered that all Indian arms should be restored to their former owners, and that Passaconnaway should be satisfied. What means were taken to soothe his anger and regain his confidence is un certain, but he e-vidently became a steadfast friend. May 29, 1644 Passaconnaway & his sonnes offering & desiring to come under this govemment, according to such articles as Cut shamache & others have formerly bene accepted, they were accepted & he & one of his sonnes subscribed the articles, & he undertooke for the other.§ * Winthrop's History (edition, 1853) , vol. ii., p. 96. t Massachusetts Colony Records, vol. ii., p. 23. X Ibid., p. 24. § Ibid., p. 73. 502 HISTORY OF NEWBURY KING PHILIP'S WAR. At the beginning of King PhUip's war, the Essex coimty regiment was composed of organized mUitary companies from the following named towns, under the command of Major Daniel Denison : — Ipswich Capt Daniel Denison Lieu' Samuel Appleton Salem (First company) . . Cap' Joseph Gardner Lieu' John Price Salem (Second company) . . Cap' John Corwin Lieu' Richard Leach Newbury . . ... Capt William Gerrish Lieu' John Pike Rowley . Cap' Samuel Brocklebank Lieu' Philip Nelson Marblehead ... . . Lieu' Francis Johnson Andover Capt Dudley Bradstreet Lynn Ensign John Fuller Beverly Capt Thomas Lathrop Mounted horsemen from Salem and Lynn, under the command of George Corwin, captain, Thomas Putnam, lieu tenant, and Walter Price, cornet, constituted the first squad ron ; and a similar number from Ipswich, Rowley, and New- bur}% under the command of John Appleton, captain, and John Whipple, cornet, were organized as the second squadron of Essex county troopers.* From the Suffolk, Middlesex, and Essex county regiments, men were drawn for special ser^dce against the Narragansett Indians. They were formed into companies, and officers chosen subject to the approval of the General Court. In the first campaign, the soldiers were mostly from Boston and the towns in that vicinit}-. They received marching orders June 26, 167s; and the twenty-ninth day of that month -was appointed by the governor a day of fasting, humUiation, and pra\-er, for the confession of sins, and for the humble supplication of Divine Providence for help to overcome and subdue the hostile Indians. *" Soldiers in King Philip's War" (Bodge, second edition), p. 471. MILITARY ORGANIZATIONS AND INDIAN WARS 503 August St 1675 There were prest for the Countreys Service to go against the Indians, Steven Greenleaf Thomas Smith John Toppan Caleb Richardson Daniel Rolf John Hobbs Daniel Button John Wheeler and Henry Bodwell, nine meti and fourteen days provisions, and 23 horses with sadles & bridles.* August 6, 1675 There were prest Jacob Adams, Edmund Moores William Sawyer, Augustine John Zachary Davis, Samuel Stevens Edward Ordway and fourteen days provisions.* These men were drawn from the enroUed militia of New bury for service in the second campaign in Connecticut. They formed, with other men from Essex county, the com pany commanded by Capt. Thomas Lathrop, of Beverly, in the engagement fought with the Indians, August 25, 1675, " at Sugar Loaf HUl, about ten mUes above Hatfield." In that engagement, several members of the company were slain ; and among them was John Plummer, of Newbury.f August 27, 1675 There was prest again : John Whittier Richard Breyer Thomas Chase Joseph Poore Thomas Harris Joseph Richardson Mathew Grove and fourteen days provision.* It is probable that all, or nearly all, the men drawn from Newbury, on the fifth, sixth, and twenty-seventh of August, whose names are given above, were engaged in the disastrous conflict at Muddy Brook bridge September 18, 1675. A considerable quantity of wheat being preserved in stacks at Deer field, it was deemed expedient to have it threshed and brought down to Hadley. Capt. Lathrop and his company volunteered to proceed to Deerfield and protect the convoy. . . . The company, consisting of eighty men, arrived safely at Deerfield, threshed the wheat, placed it in eighteen wagons, and while on their return through South Deerfield, as they were stopping to gather grapes, which hung in clusters in the * Town of Newbury Records. t " Soldiers in King Philip's War" (Bodge, second edition), p. r3o. 504 HISTORY OF NEWBURY forest that lined the narrow road, they were surprised by an ambuscade of Indians who poured upon them a murderous fire. Hubbard states that not above seven or eight of Captain Lathrop's company escaped.* Sergt. Thomas Smith, Samuel Stevens, John Hobbs, and Daniel Button, of Newbury, were among, the slain. John Toppan was wounded in the shoulder, but concealed himself in the bed of a brook, nearly dry, by pulling grass and weeds over his body, and thus escaped capture ; though several times the Indians are said to have stepped over him. Henry Bod well had his left arm broken ; but with his right hand he siezed his musket, and, swinging it above his head, forced his way to a place of safety, although nearly overpowered by the Indians. Several other men frorn Newbury were probably killed or seriously injured in this conflict, but their names are not known. f September 30, 1835, many of the prominent citizens of the state assembled at Deerfield to commemorate this tragic event. Hon. Edward Everett delivered an interesting and eloquent address, describing in detail the memorable in cidents of that disastrous conflict. Three years later, a monument was erected near the centre of the -village of Muddy Brook, about thirty rods, in a southerly direction, from the meeting-house in that place, bearing the following inscription : — Erected August 1838 ON THIS GROUND CaPT ThOMAS LATHROP AND EIGHTY ME.N UNDER HIS CO.MMAND, INCLUDING EIGHTEEN TEAMSTERS FROM DEERFIELD. CONVEYING STORES FROM THAT TOWN TO HaDLEY, WERE AMBUSHED BY ABOUT 700 Indians, and the Captain and seventy six men SLAIN Sept. iSth 1675.1 Capt. Samuel Appleton, of Ipswich, was appointed, Septem ber 24, 167s, to take command of a company of one hundred men to protect the colony against the depredations of the Indians. Newbury was required to furnish men and provi sions for this ser\-ice. Sept 23, 1675 there was prest againe Edmund Young and John Nash and two days provisions.^ "Cothn's History of Newbury, p. 3SS. t " >oldiers in King Philip's War" (Bodge, second edition), pp. 136-139. $ Ibid., p. 140. § Town of Newbury Records. MILITARY ORGANIZATIONS AND INDIAN WARS 505 Sept 27, 1675 there was prest againe Isaac Ilsly, Joseph Mooreing Joseph Musgrove, Hugh Pike Samuell Brabrooke and ten days pro vision.* Sept 29, 1675 Capt John Wayts gave in a Receit that Richard Kents man of Newbury was prest for the countryes service & 23 horses & sadles more was prest for the countrys service by virtue of a warrant from the Major Generall.* Capt. Appleton, with the company under his command, was ordered to report to Major John Pynchon, commander-in- chief in the county of Hampshire. The Indians were gathered in great numbers on the west side of the Connecticut river ; and the inhabitants of Hadley, Hatfield, Northampton, and Springfield, were in constant fear of an attack. October 5, 167s, Major Pynchon, with Capts. Appleton and Sill, and a force of one hundred and ninety men, marched from Hadley to Springfield, in order to prevent, if possible, the threatened destruction of the last-named town. Upon their arrival at Springfield, they found that the Indians had set fire to more than fifty dwelling-houses and barns, and were then concealed in the swamps and thickets of the neighborhood. It was im possible to pursue and destroy them, and the troops were ordered to remain on guard for several days near the centre of the town. The inhabitants of Newbury were greatly alarmed by the reports that reached them of depredations committed by the Indians during this war. On the fifth day of October, 1675, an unsuccessful attempt was made to secure an appropriation, to be used in fortifyuig the meeting-house. It was also voted whether the Towne are willing to be at the charg to buy a couple of field peices about 700 or Soo weight apeice & it past on the affirmative.* Major Pynchon, having resigned his position 2,5 commander- in-chief of the mUitary forces in the county of Hampshire, Captain Appleton was promoted to the rank of major, and placed in charge of the troops assembled there. He assumed command October 12, 1675, and on that day marched at the head of his troops from Springfield to Hadley. A day or two *Town of Newbury Records. So6 HISTORY OF NEWBURY later, he crossed the Connecticut river to Hatfield, and on the nineteenth day of October defeated with great slaughter a large number of Indians, who had gathered there for the purpose of capturing or burning the town. When the expedition against the Indian fort at Narragan sett was decided upon. Major Samuel Appleton was appointed to the command of the Massachusetts forces. The town of Newbury was called upon to furnish its proportion of the men needed. December 6, 1675, the following persons were impressed for service in that expedition : — Jonathon Clarke Christop Cole Daniel Somerby Henry Poore Samuell Ppore William Sawyer Cornelius Davis John Harvy Nicholas Rawlins John Sheepard Christop: Bardet Samuel Lowle Daniel Rolfe Christop' Tenison Thomas Rogers Steven Sweet George Mooyer Edward Ordway John Stratton Isaac Ilsly Edmund Browne John Wheeler Jonathon Emery Morgan Jones.* On the ninth day of December, 1675, the troops were mustered on Dedham plain ; and the next day took up their line of march for Rhode Island, arriving at Smith's garrison, W'ickford, on the evening of the twelfth. After several days spent in scouting and skirmishing, they marched on the eighteenth to Pettisquamscott, where they met the Connect icut forces, under the command of Major Treat. . . . they were forced to bivouac in the open air in a driving snow storm during the night; Bull's Garrison-house at that place having been burned by the Indians but a few days before. At day break next morning they took up their march over the rough country through the deepening snow, each man carrying his own arms, rations, etc. In this march the Massachusetts division led ; Plymouth held the centre and Connecticut the rear. This army, the largest and best organized that had ever been in the field in the American Colonies, arrived about one o'clock, P..M. at the borders of the great swamp where the Indians had • Town of Newbury Records. MILITARY ORGANIZATIONS AND INDIAN WARS 507 gathered in great numbers and had built a strong fortification and now awaited the attack.* After a severe battle of three hours, the fort was captured and bumed. Many of the Indians escaped into the woods, but a large number were consumed in the flames. In Major Samuel Appleton's division, four men were kUled, among them Daniel Rolfe, of Newbury, and eighteen men were wounded, five of them from Newbury ; namely, Isaac Ilsley, William Standley, Daniel Somerby, Jonathan Emery, and John Har\'ey.f The Indians were greatly disheartened by this disaster, and soon divided up into small bands, making raids from time to time on the defenceless inhabitants of Hadley, Hatfield, and other frontier towns. January 2, 1676, Newbury was called upon to fumish an additional number of men to assist the authorities of Massachusetts in putting a stop to these out rages. The following persons were evidently drawn by lot for this service ; but it is somewhat uncertain whether they were sent, with other Massachusetts troops, to protect the towns on the Connecticut river : — Stephen Greenleaf Samuell Hills John Whittier Thomas Stevens Henry Bodwell ' William Randall Richard Bryer Thomas Silver Thomas Rawlison Edward Young James Mirrick Joseph Richardson Moses Little.J In a skirmish at the " Upper FaUs " of the Connecticut river, Capt. William Turner, in command of a company of one hundred and fifty men, was shot while attempting to cross the Green river not far from the town of Hatfield. The grant of a township of land, as near as might be to the scene of the " Falls Fight," was made to all the officers and soldiers who were engaged therein. Among the persons named in the list of claimants was John Chase, of Newbury,§ who filed a certificate that he was in the expedition with Capt. * " Soldiers in King Philip's War" (Bodge, second edition), pp. 153 and r54. tIbid., p. 156. tTown of Newbury Records. § Massachusetts Archives, vol. cxiv., p. 5io ; also, " Soldiers in King Philip's War" (second edition), p. 252. 5o8 HISTORY OF NEWBURY Turner, and helped to bury him, and that Samuel Coleby, late of Amesbury, deceased, was with him.* King Philip, with a few of his faithful followers, was surprised by a scouting party, under the command of Benjamin Church, and shot through the breast, August 12, 1676. He was instantly killed ; but the war was continued for several months in a desultory way by hostile Indians in the -vicinity of the Connecticut river, and for a year or more by the eastern tribes, under the command of their skUful chieftain, Mugg, otherwise known as Mogg Megone, on the banks of the Kennebec and Penobscot rivers. The half-tone print on the opposite page is reproduced from an engraving by Paul Revere, published in the second edition of the History of King Philip's War, by Thomas, son of Col. Benjamin Church. f From the books and accounts kept by John Hull; treasurer of the colony of Massachusetts bay, it appears that the wages due the soldiers enlisted during King Philip's war were paid to their families by the authorities of the town where they resided. The amount so paid was credited to the town in the colonial " rates '' or taxes. Under the date of August 24, 1676, is the following entry : — -"S^ Newbury-Towne Cr. By Sundry Rcep's viz. . . . 21. 05. 02 Jonathan Emery pd as per assignment .... 05. 09. 00 Edmund Browne ... . . 03. 01. c8 Henry Sparkes . . . ... 03. 12. 00 John Wilcott ... 04. 10. 00 Richard Browne . . . 03. 03. C4 Edward Ordway t 01.09.02 November 24, 1676, the several amounts due the following named persons were credited to the town of Newbury : — Samuel Lowell . 03. 00. 00 George Moyer . . . 02. 14. 00 Moses Little . 01. 10. 10 John Mitchell . . 01. 10. 10 * *' Soldiers in King Philip's War " (Bodge, second edition), p. 249. t A copy of Church's History containing the engraving by Paul Revere is in tHe library of the Esse.x Institute, Salem, Mass. X" Soldiers in King Philip's War " (Bodge, second edition), p. 371. t^iUOP. KfNG of Mount JIopc' 5 1 o HISTOR Y OF NE WBUR Y Thomas Silver oi. lo. lo Joshua Richardson .... or. oo. oo Timothy Noyce ol. 04. oo Peter Uter 01. 04. 00 Jeremiah Davis 01. 04. 00 Joseph Littie or. 18. 00 Joseph Poore 01. 04. 00 Robert Cham 04. 04. 00 Heiiry Lucus * 04. 04. 00 Dec 24, 1676 John Wheeler 04. 04. 00 Feb 24, 1676-7 Matthew La Greve* .... 08. 07. 00 It is possible that some of the persons named in the above list were not inhabitants of the town of Newbury, but were enlisted and counted as a part of its quota, and so credited by the treasurer of the colony in making up his accounts. From August 5, 1675, to January 2, 1676, sixty-eight men and forty-six horses were impressed for military service in Newbury, — an unusually large number, when it is considered that the ratable polls of the town at that time were not over one hundred and sixty. Only a few persons holding official positions were exempt by law from the drafts ordered by the colonial authorities ; but occasionally a petitioner to the General Court, engaged in some useful and important occu pation, was allowed to remain at home and attend to his daily duties undisturbed. One of the orders passed by the General Court October 17, 1676, is as follows : — In ansr to the peticon of Samuel Pluiner, ferryman at Newbury, it is ordered that himself & his son Ephraim be freed from the presse.f Early in the month of May, 1677, the governor and council of the colony of Massachusetts Bay decided to send a force of two or three hundred men to strengthen the garrison, at Win ter Harbor, York Harbor, and Wells, Me.. On the twenty- second day of June, Benjamin Swett was appointed captain, and placed in charge of the expedition. He landed at Black- point garrison house July twenty-eighth ; and the next morning, with all the troops under his command, he made an attack * " Soldiers in King Philip's War" (Bodge, second edition), p. 450. t Massachusetts Colony Records, vol. v., p. 127. MILITARY ORGANIZATIONS AND INDIAN WARS 511 upon the Indians, who had gathered in large numbers in that vicinity, but was defeated and obliged to order a hasty retreat. " Having received many wounds, he was at last surrounded and overpowered by the foe, and fell, not far from the garrison-house, stUl fighting." Capt. Swett was a son of John Swett, one of the early settlers of Newbury. He came with his father from England pre-vious to 1642 ; and in November, 1647, he married Hester, daughter of Peter Weare. From 1655 to 1662, in company with his brother-in-law, Nathaniel Weare, he carried on the farm of Rev. John Woodbridge, near " the trayneing green " in Newbury. He removed to Hampton about the year 1663 ; and his family lived there when he was killed at Blackpoint, July 29, 1677.* In January, 1 701-2, a petition, signed by Joshua Richardson Sam" Hill Samuel Poor Joseph Richardson Thomas Chace Caleb Richardson Hugh Pike Penuel Titcomb Thomas Thurlo Jonathan Emery and John Chace •was presented to the inhabitants of the town of Newbury, humbly praying that a thousand acres of land might be granted and laid out to the soldiers who served in the Indian wars of 1675, 1676, and 1677.! It will be remembered that when, on December lo'h, 1675, the forces of Massachusetts Colony were mustered on Dedham Plain, to march against the Narraganset fort, a proclamation was made to the soldiers, in the name of the Governor, that, " if they played the man, took the fort, and drove the enemy out of the Narraganset country, which is their great seat, they should have a gratuity of land, besides their wages." X No decisive action seems to have been taken in regard to the settlement of these claims for many years ; although the General Court appointed a committee in 1727 to survey and lay out a tract of land, eight miles square, to be granted the * " Soldiers in Kmg Philip's War" (Bodge, second edition), pp. 43 aud 342. t Town of Newbury Records. j: Ibid., p. 406. 512 HISTORY OF NEWBURY officers and soldiers who served in the Narragansett war, and in 1729 appointed another committee to e.xamine and decide upon the validity of the claims presented. . January 19, 1 731, the House of Representatives sent to the governor and council an earnest and eloquent mes sage, advocating the grant of a tract of land, six miles square, to every one hundred and twenty persons who helped to capture the fort and drive the enemy out of the Narragansett country. This message was favorably considered by both branches of the provincial government, and definite action taken June 9, 1732. The classification and adjustment of the claims of the soldiers was accomplished with great diffi culty and labor. The grantees were divided into companies or societies, according to their residences, if alive, or according to the residences of their legal representatives, if dead. The soldiers interested in the tract of land on Saco river, subsequently known as township No. i, now Buxton, Me., " mett at the House of Cap' Joseph Hale in Newbury faUs on the first Day of august on the year Annoque Domini 1733- * Joseph Gerrish, esq., was chosen moderator; and a committee was appointed, consisting of Joseph Gerrish, John Hobson, and John Gains, " to vew Som of the unapropreated Lands of this Province in order to Pitch a place for one Township for Said Soldiers."* February 11, 1733-4, plans were presented to the General Court for the la)-ing out of two townships between the Saco and Pesumpscot rivers, one of these townships to be assigned to the " Ipswich Society," so called, which was made up of claimants residing in Ipswich, Newbury, Rowley, HaverhUL Salisbury, Amesbury, Methuen, Hampton, Greenland, and Berwick.! These plans were approved and consented to by Governor Belcher February 22, 1733—4. The settlement of the township, owing to its exposed and defenceless condition, was greatly delayed during the French and English wars; but, after the capture of Quebec in 1759, the population slowly, yet steadily, increased. A meeting- *• Proprietors' Records, Narragansett Township No. i, by Capt. W. F. Goodwin, p. gi. tThe names of these claimants will be found on pp. 413 to 416, inclusive, of the second edition of " Soldiers in King Philip's War " (Bodge). MILITARY ORGANIZATIONS AND INDIAN WARS 513 house was erected in 1761 ; and, in November of that year. Rev. Paul Coffin, son of Col. Joseph Coffin, of Newbury, was called to the ministry there. He accepted the invitation, and -was ordained March 16, 1763. Mr., afterwards Rev., SUas Moody, born in Newbury May 9, 1742, \vas the first schoolmaster employed by the in habitants of " Narragansett Township No. i ." He went there in company with Rev. Paul Coffin August 20, 1761, and soon after opened a school for children, which was well patronized during the fall and winter months of that year. He remained untU AprU or May, 1762, when he returned to Newbury in order to continue his studies for the ministry. CHAPTER XIII. FRENCH AND INDIAN W.^RS. After the overthrow of the govemment and the seizure of Sir Edmund Andros, in Boston, AprU i8, 1689, the Indians, instigated by the French settlers at Quebec, were active in plundering houses and destroying property in all the frontier towns between the Saco and Penobscot rivers. Dur ing the foUowing summer, Sir William Phips was appointed by King WUliam and Queen Mary commander-in-chief of all their majesties' forces in New England. He determined to put a stop to the depredations, if possible ; and on the twenty-eighth day of April, 1690,' he saUed, with a fleet of eight small vessels and seven or eight hundred men, for Port Royal, now Annapolis, N.S., where he attacked and captured, "with little or no resistance," the fort that had been erected there by the French government. He returned to Boston on the thirtieth day of May, and immediately began to make preparations for the acquisition of Canada. Meanwhile the Indians continued to be troublesome in the neighborhood of Newbury, and the following order was issued August 7, 1 690 : — These are in his majesty's name to require all the soldiers belonging to this towne to bring their arms and ammunition to ye meeting house every saboth day and at all other publick meetings, and also they ar required to carry their arms and ammunition with them into meadows and places where they worke, and if any man doe refuse or neglect his dewty as above expressed he shal pay five shillings for every such neglect. Daniel Pierce Captain Jox.a. Moores Lieutenant Tho.mas Xoyes Captain Jacob Toppan Ensign Steph Gkz^s-lkw Captain Henry Somerby* The expedition under Sir WUliam Phips, consisting of thirty or forty vessels, carrying about two thousand men, sailed from Nantasket on the ninth day of August, 1690, but did not *Cotnn's History of Newbury, p. 154. SU FRENCH AND INDIAN WARS 515 arrive at Quebec until the fifth day of October. Several attempts were made to capture the town, without success ; and, tempestuous weather having nearly disabled the vessels and driven sorae of them ashore, it -was considered advisable to re-embark the troops and abandon the enterprise. On their Avay back to Boston, they encountered head winds and violent storms. Some vessels were blown off the coast, and ulti mately arrived in the West Indies. One was lost upon the island of Anticosti, and several were never heard from. Capt. John March, Capt. Stephen Greenleaf,* Lieut. James Smith,* Ensign William Longfellow,* and Ensign Lawrence Hart, of Newbury, Capt. Philip Nelson, of Row ley, and Capt. Daniel King, of Salem, were among the offi cers commissioned for service in the expedition to Canada, under the command of Sir WiUiam Phips.f A complete list of the men who enlisted in Newbury cannot be given. The muster roll of one company in the Essex county regiment is as follows : — Capt. John March, Newbury L' Stephen Johnson, Andover Enseigne Lawrence Hart. John Vie (I vie ?) Thomas Barnard John Browne Ralph Blagdon John Davis John Poor Edward Bele (Bailey?) John Huse Edward Goodwin Benjamin Poor Benjamin Goodrige Samuel George Henry Dowe John Wallingford John Badger John Taylor Thomas Heirs (.\yers ?) George Everson Percival Chubb Samuel Smith Samuel Austin Henry Lunt Richard Kent John Sweat Benjamin Kimbal Thomas Cotton Joseph Gold Joseph Andrews Ephraim Hoit Nathaniel Crosbey John Prowse John Ring.f *> " Twas Tuesday the tSth of November [1690] that I heard of die death of Capt Stephen Greenleaf, Lieut Jaraes Smith, and Ensign Wm Longfellow, Sergt Increase Pilsbury, who with Will .Mitchell, Jabez Musgro, and four more were dro\vned at Cape Britoon on Friday night the last of October." Diary of Samuel Sewall, vol. i., p. 335. t Society of Colonial Wars' Y'ear Book for i8q8, pp. 136 and 137. + Massachusetts Archives, vol. xjtx., p. 155 ; Society of Colonial Wars' Year Book, 1898, p. 173. Si6 HISTORY OF NEWBURY In 1739, a town.ship on the westerly side of Merrimack ri\-er, " and northerly of and adjoyning to Contoocook," was granted and laid out to the " Soldiers hi the expedition to Canada Anno 1690 under the Command of Cap' John March, Cap' Stephen Greenleaf and Cap' Philip Nelson." This town ship now includes within its limits Bakerstown, Stevenstown, and Salisbury, N.H. The first meeting of the proprietors was held "February 12"' 1739 at the House of M' Tristram Greenleaf in Newbury at ten of the Clock before noon." The following persons, inhabitants of Newbury and Rowley, were granted and allowed a share in the di\-ision of this township : — Cap' Stephen Greenleaf Deacon Joshua Moody Joseph Gould Joseph Sage Jn' Elisha Sweat John Kent Nath" Clark Samuel George Benja Hoeg Jonathan Marsh Stephen Chase John Lunt James Brown Caleb Moody Joseph Osgood Cap' John Sargeant Sam' Smith Jnr Gideon Lowel Thomas Huse Joseph Pike Stephen Longfellow Cap' Thomas Hale John March Joseph Davis Saml Silver Eleazer Hudson Jonathan Blaisdell David Bartlet Lazarus Goodwin Edward Emerson Percival Clark Samuel Bartlet 3rd Jereraiah Gutteridge Revd William Johnson Henry Dow Robert Savory Dr. Joseph Hills James Toppon Peter Ayers James Anderton Zachariah Beal Ebenezer Stuart John Thurlo Hannah Bolton John Badger Joseph Ilsley Joseph Short -Abraham Titcomb Stephen Longfellow Nathaniel Bernard Capt Thos. Wallingford Wm Huse Saml Sargeant Tristram Greenleaf Thomas Challis Dan" Bradley Eleazer Johnson John Littlehale Cap' John Sergent Joseph Holland* Earl}- in the summer of 1691, a smaU force under the com mand of Capt. John March, of Newbury, and Capt. Daniel King, of Salem, was sent to look after the Indians, who had become troublesome in the vicinity of York and Wells. Previous to the departure of these troops, the governor and councU of the provisional go\-ernment of the colon}- of Massachusetts Bay issued the following order : — • Massachusetts Archives, vol. cxiv., pp. 17S, 179 ; Society of Colonial Wars' Vear Book. iSijS, pp. 174, 173. FRENCH AND INDIAN WARS 517 Instructions for Captain John March and Cap' Daniel King (the like for Capt King & Capt March) Whereas yourselfs are commissioned to take the conduct of the Sol diers now raised out of the Militia of the Massachusetts Colony for their Majties service against the French and Indian Enemy, to be dis posed at yor place of Generall Rendevous into two companys of equal number. In pursuance of your s' of Conliict," vol. i., p. 43 ; also,' PenhaUow's "Indian Wars" (edidon, 172L1), pp. 6, 7. FRENCH AND INDIAN WARS 523 Soon after this encounter with the Indians, Major John March was promoted to the rank of lieutenant-colonel ; and at the ne.xt session of the General Court he presented the foUowing petition : — To His Excellency Joseph Dudley, Esqr. Captain Generall and Commander in chief of Her Majesty's Province of Massachusetts Bay and the Honorable the Councill, and Representa tives in Generall Court Assembled. The Petition of John March Humbly sheweth That your Petitioner, in the time of the late Peace with the Indians was constituted the Commander of Her Majesty's Fort at Casco Bay, and manager of the Trade for the Publick with the Indians there, and in order to attend that service forsook his own Habitation in Newbury and Removed his ffamily stock of Cattle and other Estate to the said ffort, by which means, upon the perfidious Breach lately made by that barbarous People, your Petitioner was in utmost Hazard of Losing his life, and by a wonderfull Preservation Escaped the bloody hands of those Infidels, and did actually lose a very Considerable Part of his Estate, to the value of more than Five Hundred Pounds, as is set forth, in an account thereof herewith Presented, which had not been so Exposed, if your Petitioner had not Removed into the way of that Danger to serve the Publick in the said Post. Your Petitioner therefore humbly Pray's your Excellency and Honours, to Take the Premisses into your consideration and Grant your Peti tioner such Compensation & allowance as in your Wisdora shall be Thought meet for one who has sustained so great a losse by means of "his being Imploied in a public service, and your Petitioner will be further obliged to your service, and ever to Pray as in Duty bound &c. John March. Boston, Nov. lo'h, 1703.* The account presented includes claims for eight oxen, fourteen cows, ten calves, thirty-six swine, twenty-five sheep, five acres of wheat, six acres of peas, fifty bushels of oats, and various articles of furniture and clothing.* On the twentieth day of November, " A Resolve for aUow ing and paying fifty pounds out of the Province Treasury to Lieutenant-Colonel John March in consideration of his brave conduct and the wounds he received in the defence of the fort at Casco Bay during the attack by the French and Indian •Province Laws, vol. Wii., p. 31Z ; Massachusetts Archives, vol. Ixx., p. 654. 524 HISTORY OF NEWBURY enemy " was passed by the General Court and approved by the governor.* In the month of October, 1704, Lieut. Col. March pre sented a petition for compensation for the services of himself and" others in repairing and rebuilding the fort at Casco ; and " A Resolve for paying one hundred forty-four pounds nine teen shillings and tenpence out of the Province Treasury to the several persons to whom it is due, as set forth in Lieu tenant-Colonel John March's account of labor and disburse ments on the fort at Casco," f was, after some delay, consented to by Gov. Dudley, February 28, 1704-5 .J For the encouragement of volunteers, "who being com missioned by his Excellency, set forth and maintain them selves free from the Province charge," the General Court voted, December 2, 1703, that the sum of "fforty Pounds be Allowed, out of the Treasury of this Province for each Scalp of the Indian Enemy, above ten Years of age, which shall be Taken, and brought in as the law Directs " ; § and efforts were made to induce the inhabitants of New Hampshire and Mas sachusetts to volunteer for service, under this law, during the winter months. Militar}' officers were requested to assist in organizing companies and providing snow-shoes and moccasins for the men enlisting for the winter campaign. January, 1 703-4 Captain Winthrop volunteered his services, but had not had sufficient notice to enable him to enlist volunteers. Colonel John March came in from Hampton to advise the Governor and Coun cil that Lieutenant Joseph Swett had " beat up for volunteers " at Hamp ton and had the promise of thirty nine or forty men provided with snow shoes and ready to march with the others, if supplied with provisions.il November 1 7, 1 704, the General Court passed an " order for increasing to five shillings each, the allowance to persons furnishing themselves with snow shoes and moccasins '' ; ^ and on the twenty-second day of June, 1705, the commissary general reported to the governor and councU the names of *• Province Laws, vol. viii., p. 32. + Ibid., vol. viii., p. io8. J " A Plan of Casco Fort as it now stands [1713] being an oblong square of 250 feet in length and a hundred and ninety foot in Breadth — the Bastions not Included — the Covert way to the Block house 230 ffoot in Length,'' is on tile, with other maps and plans, in the Massachusetts .Archives, vol. x.x.\v.. p. 27. .A. reduced copy of the plan is printed on the opposite page. § Province Laws. vol. viii., p. 38. ) Ibid., vol. viii., p. 31S. •[ Ibid., vol. viii., p. 92. c^' U/''f,rA- ¦9 a %.' I O I O r O 3 J. ,<7 //. 10 ?! f / '¦¦ i // J^ 1 /<^ I.'-.. ^ 5^^ «^fi5y^ CXrl a4iin0u>A';;^ and a, nundnTani mn6(%i^ tn SrQrtCr^.. -du^Saitwru natfnt£M, j^ (yvereu/ay 526 HISTORY OF NEWBURY twenty-eight soldiers in the " Foot Company in Newbury " with a certificate from Hugh March, captain of the company,. that they were " furnished with good serviceable %now shoes and mogginsons." * The treasurer of the province was authorized to pay, " by the Constable or Constables of the s^ Town of Newbury, unto each of the s^ Twenty eight Souldiers named in the List thereof transmitted to him, the sum of five shillings out of the PoU Tax now collecting." * For the protection of towns on or near the Merrimack river, block-houses were erected, by order of the General Court, in e.xposed places from Newbury to Bradford and Bil- lerica, and men were employed to garrison them for several months during the year. The following named persons were probably paid the sums set against their names for personal ser\-ice, or supplies furnished, at one or more of these block houses : — AcC: of Allowance for p'sonal Service at Newbury Blockhouses in [704.t Benj!! Hill Jos: Scot Jno Smith, Jr Ben. Savorie Antho : Crosbie Tobi. Coleman Jn° French Jno Gutteridge Sara. Poore, Jr Jn" Swett Jo: Bayley ........ ^72.16.08 Acc't of allowance for the subsistence of Newbury men at y« Block houses in 1704.1 Nicholas Noyes John Kelly Sam : Poore Jn" Swett Josh Bayley Jn« Ordway Jacob Freez ^02.11.05 Jno Ordway, Jr jr04.p6.p5 06.01.05 Jacob Ivees OP. 1 5. po 01.00.00 Jno Barker ol. 00. oo 06.01.05 Peter Cheney oo. 16.P5 02.10.00 Benj : Lowle Jr. 02.08.06 06.01.05 Joseph Lowle 02.16.05 06.01.05 Wm. Pilsbury, Jr 00.18.0& 06.01.05 Tho : Crocket 02.04.03 pp.iS.o6 James Sinkler 02.18.06 p5.02.IP Benj : Lowle, Senr 06.01. 05 ;^10.lS.06 io.iS.o6 00. 1 1. PI p3.pr.0S Jno Barker Benj : Lpwle, Danl Cheney Jos : Pike Jr. ^0P.I2.0P p5.P2.PP PP.p9.IP- P5.P6.P8 p3.t2.1pP2.r r.ip pp.p9.0p 43.13-1 I 72.16.08 ^I l6.r0.07 * Province Laws, vol. viii., p. 450. t New England Historical and Genealogical Register, October, 1S65, p. 312. FRENCH AND INDIAN WARS 527 In the month of January, 1704-5, "at which time the country appeared lUce a frozen lake, the snow four feet deep," two companies, consisting of about one hundred and fifty men, under the command of Capt. Benjamin Stevens and Capt. Wilham Tyng, marched through the woods to Norridge wock, but found, on arrival there, that the Indians had de serted the place, leaving a palisaded fort, enclosing twelve or more wigwams, and a few household utensils of little -value. The officers and soldiers engaged in this expedition appear to have suffered extremely from the hardships and privations of the march. Nathaniel Rolfe, of Newbury, who was wounded in the arm on his way home from Norridgewock, applied to the General Court for a gratuity or pension to compensate him for loss of time, and reimburse him for money expended for medical attendance and advice. With his petition the following bill and certificates were filed : — To Nathaniel Roff, visits, balsams, Injections, Emplasters, unguents and dressing his arme from ye i ith pf March to the begining : of August following to the perfecting of the Cure : of a large Gun shot wound : In his arme with a Laceration of Names and ffociles 06=6=0 I' to him speciphyeks and medicans proper for him in an actue and daingerous feuer which Ran 14 day before a crisis which fever was within the time afore s"! 02=0=0 HU.MPHREY Bradstreet. -Andouer, Sept. y^ 5*h 1705 These may sertifie whome It may concern that Nath' Rolf of New bery was under my command at noridgewok In her Majesties service and was wownded in his arme as witnes my hand Benjamin Stevens I the Subscriber being then present doe also attest to y^ same with Respect to s According to yore Commands : Sir the Indians that Ran from us : I haue taken them all Againe : and they doe so hartyly bagg pardon : for theair offenc that I haue Respited theair punnishment tell yore Ex- celency's plesure is known what I shall doe to them : may it plese yore Excelency M' Jefferise haue bine uery Industerous : in doeing of mis- chef : As hee hath here Confesed : As yore Excelency and honnors will see under his owne hand : here Inclosed: with my most Humble duty: I Am Yore Excelencys raost Hurable and obedient san-nt John March f ^ sic, swore. t Province Laws, vol. \-iii., p. 732. 534 HISTORY OF NEWBURY The fleet sailed from Casco bay on or about the twenty- seventh of July, and arrived at Passamaquoddy on the thir tieth, where the troops were engaged for a week or more in a hostile encounter with the inhabitants of that place, some of whom they made prisoners. On Sunday, the tenth of August, the ship, loaded with men, warlike stores, and provisions, came to anchor in the harbor of Port Royal, early in the afternoon ; and the next day the soldiers were landed more than two miles below the fort on the opposite side of the river, and marched to a point less than a mile above, where they took possession of some unoccupied houses. Hutchinson, in his history of Massachusetts, says that Col. March at this time was broken in spirit " and his health af fected, so that, when the disposition was making for landing the army, he declared himself incapable of acting and the command was given to Wainwright the next officer." * On the thirteenth day of August, the troops, under the command of Col. Francis Wainwright, had a fierce battle with the French and Indian forces, and were driven back into camp. On the fifteenth, the commissioners ordered Col. Wain wright to burn or tear down the houses in the neighborhood of the fort, cut the dykes protecting the marshes, and destroy the dams that supplied two or three small mills with water power. The French commander, Subercase, however, kept up such a severe and continuous cannonading with heavy guns and mortars that it was found impossible to execute the order with any prospect of success. On the twentieth. Col. Wainwright, protected by the guns of the fleet, landed a por tion of his troops on the opposite shore for the purpose of making an attack upon the fort. A desperate conflict ensued ; and they were driven back in confusion, lea-ving a number of killed and wounded on the field. The ne.xt day, the o'fficers and men embarked on the vessels at anchor in the harbor ; and on the twenty-fourth day of August they sailed for home. Although Col. March was received with insults and de rision on his arrival in Boston, he seems to have retained the confidence and esteem of Gov. Dudley, who announced, Sep- * History o£ M.issachusetts (edition, 1795), vol. ii., p. r53. FRENCH AND INDIAN WARS 535 tember 24, 1 707, that he had ordered him " with his company on board the Briganteen Hope w"' a further enforcem' of men to sayle to Winter harbour & likewise Her Maj's^ ship the Province Galley to cruise along the North Shoar and to visit all the harbours from Saco to Casco Bay, and further East, to intercept the Enemy," who had made an attack on the towns of York and WeUs.* How long he was absent on this expedition is uncertain, but probably untU the middle of October. From the muster-roll of the brigantine " Hope," it appears that the wages of her officers and crew were paid from AprU 3 to October 18, 1707.! Another expedition, under the command of Col. Francis Nicholson saUed, from Nantasket, September 18, 17 10, to renew the attack upon Port Royal. The troops landed in good order, and immediately began to throw up intrench ments and lay siege to the fortress that protected the town. After a few days' delay, Subercase, the commander of the French forces, through timidity or collusion, surrendered to Col. Nicholson " all the effects belonging to the King : as guns, mortars, bombs, ball, powder, and all other small arms.":^ Thursday, the sixteenth day of November, 17 10, was appointed a day of general thanksgiving throughout the prov inces of Massachusetts Bay and New Hampshire, for the impor tant -victory gained by Her Majesty's forces in Nova Scotia. MeanwhUe, the French troops, with their Indian allies, had bumed and destroyed much valuable property between the Penobscot and Merrimack rivers. The inhabitants of many of the frontier towns were compelled to flee to block-houses for shelter and protection. Scouting parties were organized and ordered to search the woods on the northerly side of the Merrimack river. Several Newbury men were impressed for that service by order of the governor and council. These are in Her majesties Name to requier you to impress theses men under specified to apperr compleat in arms and Amunition and all * Province Laws, vol. viii., p. 759. tCol. March was evidently obliged, on account of ill-health, to retire to private life soon after the close of the year 1707. In the Boston ^fews Letter for the week beginning July 2S and ending .•\ugust 4, I7r2, is the following notice : "New York July 18, Last week dyed Col. John March of Newbury at Woodbridge in New Jeraey." (Xew Jersey .Archives, First Series, vol. xi., p. 3S-) t History of Massachusetts (Hutchinson, edition, 1795), vol. ii., p. i65. 536 HISTORY OF NEWBURY furniture as the law directs fit for a march, at my House on wensday ne.xt at eight of the clock in the fore noone which will be y« 14* of this Instant Aprill 1 708 : of this faile not and make return to me of your doings herein, given under my hand this S* day of Aprill 1708 ; To Ser William Titcomb. Thomas Noyes, Capt Stephen greenleafe tirsius James Ordway the Son of Jams ordway John Haskins [Endorsed] Aprill ye 12th, 1708 prSuant to the within warrant I have imprest Stephen Greenleaf Senr, John Haskins & James Ordway the third according to the tenner of the within warrant pr Willia.m Titco.mb.* In the month of --^.ugust following, a company of Newbury men, under the command of Lieut. Caleb Moody, was equipped for service in the woods between Amesbury and " Jamaco," now Merrimac. A MUSTER ROLL OF THE COMP.ANY IN HER MAJESTIES SERVICE UNDER THE COMMAND OF CAPTAIN VIZ. Mens Xames Quality Time of En trance on the Sen.-ice Tell what Time in tlie Service Whole Term of Service The whole ol Wages Due to Each man. Months Days Montlis Days Weeks Days £ s d Caleb Moodey Lent Aug=t Augst 31 3 0 2 . 0 Joseph Pike Jacob Tappin Sarjt Aug=t Ditto 31 3 0 7 0 Sarjt Aug^t Ditto 3t 3 0 7 0 James Carr CorpU Ditto Ditto 31 3 0 7 0 Abnim Merrill CorpU Ditto Ditto 31 3 0 7 0 James Brown Corpll Ditto J J Ditto 31 2 6 7 0 Richard Bartlett CorpU Ditto Ditto 31 3 0 7 0 Abram Annis Ditto Ditto 31 3 0 0 iS 0 John Emer\' Ditto Ditto 31 3 0 0 iS 0 Isaac Annis Ditto II Ditto 31 3 0 0 iS 0 John Swett Ditto Ditto 31 3 0 0 iS 0 Jofhua Baily Ditto Ditto 31 3 0 0 iS 0 Danll Cheny Ditto Ditto 31 3 0 0 iS 0 Tho. Chase Ditto Ditto 31 0 0 iS 0 Joseph Hills Ditto Ditto 31 3 0 0 iS 0 Solomon Holman Ditto Ditto 31 3 0 0 18 0 Joseph Richardson Serjt Ditto October 2 7 4 3 oS 2 Henrv March Ditto Ditto 2 7 4 5 53 SamU' Bartlett Ditto Augst 26 2 2 0 13 Jofeph Lowll Ditto Ditto 26 2 0 .3 S Joieph Morfs Ditto Ditto 26 2 2 0 13 s Joseph Kelly Ditto ir Novemb 16 14 0 4 •M 0 Benj Hills Ditto *i Ditto 16 14 0 4 4 0 John Cliase Ditto Ditto 16 14 0 4 4 0 Jonathan Hoag Ditto Ditto 16 14 0 4 4 0 Daniell Cale Ditto Ditto 16 14 0 4 4 0 Ambros Herrie Ditto Ditto 16 14 0 4 4 0 Dan'l Morison Ditto Ditto 16 14 0 4 4 0 i^Iofes Chase Ditto Ditto 16 14 0 4 4 0 Jofeph Pilsberry Clark Ditto Augst 31 3 0 I 7 0 To subsistance 1S4 weeks & 6 days att ;/6 p. week Substracted pd. in Majr Turner acc<* subsistance 14 men 3 days at Lt Whites at Haveill at 3/6 p week ..... ..... . . Tlie whole wa^es 31. 6.' 50- '7- * New England Historical and Genealogical Register, vol. 1., p. 341. FRENCH AND INDIAN WARS 537 August y« nth 1708 I and my company marcht over to Amsbery. And from thence to Jemaco. And so wee marcht daily from Jemaco to Amsbury And from Amsbury to Jemaco & schouted in ye woods Agust ye ad'h by order from Capt Turner I released all my men but ten but were comanded to return again on ye first allarm on August ye 29 wee were allarmed & marcht to Haverill and so marcht into ye woods after ye enemy, on Sept ye 2.^ a little before night wee were dismis Caleb Moody, Lieut Agust ye iitli 1708 wee marcht over to Amsbery town and from thence to Jemaco. And so wee marcht from Jemaco to Amsbery And from Amsbery to Jemaco and schouted in ye woods Agust 1 7* by Colo" Noyces order I posted si.x men Att Garison two, att Hadley's two, att Kimbals & two at Quimbes Agust ye 27th by order from Capt Turner I dismis all my men but ten but wer comanded to return to their post again on ye first Allarm. on Agust ye 29''! wee were Allarmed & went to Haverill & Marcht after ye Enemy into ye woods, on Sept ye i^ a. little before night we were dismis [The following letter is addressed : " To Capt Thomas Harvy or Comraander of the forces now in Pay at Araesbury For Her Majesty's Service."] Havrill August i6tli 1708 Sir I received a Letter from His Excelency Where in he orders me to take the Cheife comand of the forces at Haverill, Amesbury & Kings atowne & uppon Notice of ny towne opprefsed I am to march wth the forces to Releive them & Expect you be in Readynefs to March at a minutes Notice — I hope you keep out a Good Scout and give me ace of any Occurrent that Shall Happen His Excelency is fearfuU they will fall on Portsmouth If so hasten away & I will joyne you at grenne Land wth the Troops, give me an acct of the Number of your men & How you are fitted for a march If there be occation I am Your Hurable Servt Jno Turner [The following letter is addressed : " To Leu' Moody Comander of the forces at Amesbery For Her Majestys Service "] Havrill, Aug. 17, 1708. Sir I sent down to Amsbery yesterday to the Comander of the forces there to send me word how he was fitted for a march If occation be & a List of his men I received an answer from Capt Harvy that you were there Comander. Send me an acct how you are prowided & with the List weh I Expect from you forth with I am Your friend & Servt Jn" Turner. 538 HISTORY OF NEWBURY An Account of Billating ye Souldiers att Amsbery under Comand of Caleb Moody Lieut Beginning Agust ye nth 170S. 1 2th Capt Harvies Ij Meals Att foots 5 I3ih Att Capt Harvies from Agust August 19th 1708. iith to Agust ye 19th 74 meals To Capt Harvis 6 meals Att Leut foots 41 meals to Leiut ffoots 2 meals Att Tho Coalbees 6 meals to valintine Rouil 2 meals Att Valintine Rowls 6 meals to Tho. Colebe 2 meals Att Deae Tho Stephenses 18 meals to Deae Stephens 6 meals Att Roger Stephenses 6 meals to Rodger Stephens 4 meals Att Wido Rachel Serjant 4 meals to Wido Rachel Serjant 6 meals Att Tho fergant 8 meals to Benoni Tucker 4 meals Att Bennoni Tuckers 6 meals to Tho. Serjant 4 meals Att Joseph Brown's 90 meals to Sam" Colebe 20 meals Att Sam'l Colebees 120 meals to Ens Bagli 8 meals Att Ens Baglies 8 meals to Lieut Barnet 10 meals Att Lieut Barnets 65 meals to serjt Rich Curler 10 meals Att Sergt Richd Currier 65 meals Agust ye [7 1 70S Accompt of what powder and bullets Those Souldiers Listed under the coramand of Lieutenant Calib Moodey Received of the Country- Stock — four pound of Powder & Ten pound Bullets Divided among Twenty four soldiers. Agust ye 26, 1 70S. Serjt Joseph Pike Serjt Joseph Richardson Corpll James Carr. Henry March Corpl' James Brown Moses Chafs Joshua Baily Daniell Morrison were lef at Ames- Josepli Lowl bery. Sara" Bartlet The governor and council of the province of Massachusetts Bay, at a meeting held February 26, 1708-9, ad-vised and consented to the payment of the -wages due Lieut. Moody and the men under his command. .A muster Roll of the Foot Company in Her Majesty's pay under the command of Caleb Moodey as Lieutenant containing an acco' of wages for their service and subsistance frora the nth of August to the i6th of Nov 1 70S araounting in the whole to the sum of ninety one pounds three shillss and seven pence: examin'd by Mr. Commissary General was presented. — And Advised and Consented That a Warrant be made out thereupon to the FRENCH AND INDIAN WARS 539 Treasurer to pay the above sum of ninety one pounds three shillings and seven pence to the s'- of Massachusetts (edition, 1795), vol. ii., p. 374. F SJLGi: OF LOUISUOURG in 1745 A Luuhny J'la.re, nT Aimv ^^ Imt /inti fry C S,tm,cl 1)0 ]> Tiitn} /;<• J". FiiUj-lh m /Idvafu-ni liailery y J\Tiiv or Iilcnmh'.t HoUtry G lAgh/AouAf' llalifrv FROM BROWN'S CAPE BRETON. 55= HISTORY OF NEWBURY by the French artillery. This fifth battery, called the Northwest, or Titcomb's, proved most destructive to the fortress.* After a siege of forty-nine days, articles of capitulation were signed, and the town and fort of Louisbourg were surrendered to Sir William Pepperell, commander of the English forces, on the seventeenth day of June, 1745. Major Titcomb remained on duty at Louisbourg for several months after the capture of the town, and subsequently was appointed to the command of the troops stationed at Falmouth (now Portland), Me.f Among the soldiers who applied to the General Court for assistance on account of wounds received or e.xtra service rendered at the siege of Louisbourg was Thomas Pike, of Newbury. He petitioned, July 19, 1746, for an allowance, stating "that on the 20* of June 1745 he received a commis sion from Governor Shirley to be adjutant in Choate's regi ment ; that he was before and after that lieutenant, and per formed the duty of both." t His petition was not granted at that date, but it may have been subsequently accepted and approved. July 24, 1746, Moses Hoyt, of Newbury, applied to the General Court for an allowance, in consideration of wounds received "in the late E.vpedition against Cape Breton." In the House of Represent^'es Read and Ordered that the sum of Twelve Pounds ten shillings be allowed the Petitioner for his present relief, by the Comm'^e of War. In Council Read and Concured — Con sented to by the Govern'' § January 30, 1746-7, John March, of Salisbury, was allowed six pounds by the General Court " for his hardships and suf ferings in the late E.xpedition against Cape Breton." || ^" X HaU^rentury of Conflict," vol. ii., p. 124. In the same volume, pp. 112 and 113, will be found a map showing the position of theFifth, or Col. Titcomb's, battery at the siege of Louis bourg. The map reproduced on the preceding page is from Richard Brown's History of the Island uf C.^pe Breton, published in London in 1S69. t " Ould Newbury," pp. 464-473. X Journal of House of Representarives. § Massacluisetts .Archives (Court Records), vol. xvii., p. 530. In a petition to the town of Newbury, September rg, 1763, Moses Hoyt stated that he was severely wounded in the attack upon the Island battery at Louisbourg, and had been obliged to have his leg amputated. (Town of Newbury Records.) li Massachusetts Archives (Court Records), vol. xvii., part v., p. 746. LOUISBOURG, CROWN POINT, AND QUEBEC SS3 April I, 1747, Richard Carr, of Newbury, "a soldier in the late expedition," was granted five poimds by the General Court " in consideration of his being wounded by the enemy & disabled thereby from Labour." * March 27, 1747, Jacob March, of Newbury, presented a petition to the General Court stating that " he enlisted in the late expedition as Chirurgeon's Mate in Col. Willards Regi ment, but the Chief Chirurgeon being dismissed July 174S, the whole Business of a Chief Chirurgeon was devolved upon him for some Time ; as also the care of Brigadier Waldos Regiment for a considerable Time : and being allowed Mates Pay he prays a farther consideration." This petition was referred to a committee who reported on the thirty-first day of March " that the Committee on War be directed to allow the Petitioner, on due Proof of the Facts asserted, such sum as with that already paid him will make his Wages equal to that of a chief surgeon from July 11, 1 745 to his Dismission." f Louisbourg was restored to France by the treaty of peace signed, October 18, 1748, by the plenipotentiaries of France, England, and Holland at Aix-la-Chapelle. May 22, 1755, Col. John Winslow sailed from Boston with two thousand men to assist Lieutenant-colonel Monckton in an attack upon Beausejour and other dependent forts in Acadia. More than half of the peninsula now called Nova Scotia was claimed by France, although England had held possession of it for more than forty years. The Acadians were accused of disloyalty, and suspected of instigating and aiding the Indians in their efforts to harass and annoy the English farmers and fishermen who had been induced to settle there. They were promised forgiveness and protection if they would take an oath of allegiance to his Majesty George H., king of England. They declined to accept this conciliatory offer ; and after a brief delay they were taken from their homes — men women, and children, to the number * Massachusetts Archives (Court Records), vol. x\-ii., part v., p. 833. t Ibid., vol. xviii., pp. 109, tio. 554 HISTORY OF NEWBURY of six thousand, or more, — and distributed among the Eng lish colonies from Massachusetts Bay to Georgia. The selectmen, or overseers of the poor, in the several towns in Massachusetts, were ordered to keep a strict account of the money expended for the support of these exiles, and send a copy thereof to the treasurer of the province, for pay ment, once in six months. The town of Newbury charged ;^49, \s. id. for maintaining twenty-three of these expatriated Acadians from January fifth to June i, 1756.* Affi.xed to a bill rendered January 12, 1757, by John Brown, Henry Rolfe, and Cutting Moody, overseers of the poor, is the following statement : — . . . the number of the french in Newbury is twenty-three. 4 of which are very old and unable to work. James Brown Peter Dorsett Peter Dorsett Jun Amicable Dorsett Francis Le Blons; Five men able to labor and doo work att > all oppertunity when they have it offered and can find anything to do. The Remaining 14 are three women and Eleven Children Unable to work, att Least to very Little advantage.f After the incorporation of Newburyport, in 1764, these unfortunate exiles were provided for by the overseers of the poor of that town and subsequently supphed with money, food, and clothing to enable them to go to friends and rela tives in Canada. In May, 1756, England again declared war against Louis XV., and during the following summer made an ineffectual attempt to capture the French forts that had been erected, in the vicinity of the great lakes, on the boundary line between the English and French colonies in America. In 1757, an attack on Louisbourg was planned ; but for various reasons it was dela}-ed until the following spring. Col. Jeffrey Amherst was appointed commander-in-chief of the expedition. Under him were three brigadier-generals, * Massachusetts .Archives, vol. xxiii., p. 138. t Ibid., p. 300, LOUISBOURG, CROWN POINT, AND QUEBEC SS5 Whitmore, Lawrence, and Wolfe : the latter was afterwards mortally wounded at the capture of Quebec. Eleven thoii sand soldiers were sent from England to Halifax, in twenty- three ships of the line, eighteen frigates, and a fleet of trans ports, under the command of Admiral Boscawen. There they were joined by a force of five or eight hundred men from the seacoast towns of New England. Among the volunteers who served in this expedition was Nathaniel Knap, of Newbury. He saUed from Portsmouth, N.H., on Monday, the third day of April, and arrived at Halifax April lo, 1758, at about nine o'clock p.m. He was occupied in cutting timber and building bridges and block houses, until Admiral Boscawen, with his fleet of transports, after a long and tedious passage, came to anchor in the harbor on the ninth day of May.* On Sunday, the twenty-eighth day of May, the fleet, with all the troops on board, sailed from Halifax, and arrived at Gabarus bay on the second of June. General Wolfe, with about twelve hundred men, made a landing at Freshwater cove, four miles from the town of Louisbourg, on the morning of June eighth, and succeeded in capturing an outpost near the shore, defended by a regiment of French soldiers, who, after a fierce contest, abandoned all their cannon and fled into the woods. Strong batteries were erected at favorable points on the low wooded hills in that neighborhood, and heavy guns and mortars soon opened fire on the French ships and on the island battery that guarded the entrance to the harbor. After a long and desperate fight, the island guns were dismounted and silenced. The attack on the fort was then commenced in good earnest, and a heavy cannonade directed against the town. The roar of mortars and cannons continued night and day for more than a month longer. Breaches were made in the walls of the fort, and the town itself was almost com pletely destroyed. July 26, 1758, the garrison surrendered, * Some of the most important events connected with the movement of troops and the surren der of Louisboiurg were recorded by Nathaniel Knap in a diary, published by the Society of Colonial Wars in 1895. A brief biographical sketch of Nathaniel Knap, with some extiacts from the diary, may be found in " Ould Newbury," pp. 4S4-491. 556 HISTORY OF NEWBURY and the officers and men were sent to England, prisoners of war, in British ships. Subsequently, th'e merchants and other inhabitants of the town were taken to France, and all that remained of the fortifications at Louisbourg was demohshed. Now a few scattered dwellings dot the rough hills, bristled with stunted firs, that gird the quiet basin ; while close at hand, within the precinct of the vanished fortress, stand two small farmhouses. All else is a solitude of ocean, rock, marsh and forest. . . . Here stood Louisbourg ; and not all the efforts of its conquerors, nor all the havoc of succeeding times, have availed to efface it. Men in hundreds toiled for months with lever, spade, and gunpowder in the work of destruction, and for more than a century it has served as a stone quarry ; but the remains of its vast defences still tell their tale of human valor and human woe.* EXPEDITIONS TO CROWN POINT. Although France retained possession of Canada and Acadia by the terms of the treaty concluded at Ai.x-la-Chapelle in 1748, the boundary line of the English colonies in America, from the Ohio river to the gulf of St. Lawrence, was left un settled, and led to a renewal of hostilities in 1754, although war was not actually declared until 1756. William Shirley, governor of the province of Massachusetts Bay, sent an armed force under the command of Major-general John Winslow, of Marshfield, in 1754, to build a fort on the Kennebec river. Jacob March, of Newbury, served as surgeon of the expedition from June third to September twenty-first. The fort was completed on the third day of September, and called Fort Halifax. f Early in the spring of 1755, preparations were made for an attack on Crown Point b}- an armed force of nearly thirty-five hundred men, under the command of Gen. William Johnson. Moses Titcomb, of Newbury, who had served with honor in the campaign of 174S at Louisbourg, was appointed colonel of an Essex county regiment, and ordered to march with his troops in the expedition to Lake George and Crown Point .J "" .Montcalm and Wolfe," Parkman. vol. ii., p. 53. t Massachusetts Archives, vol. xciii., p. 107. X See Massachusetts Archives (Cluster Rolls), vol. xcv., part i., p. 96, for the names of the officers of this regiment and their terms of ser\'ice. LOUISBOURG, CROWN POINT, AND QUEBEC 557 The regiment attended service in the meeting-house of the Third parish in Newbury on the twenty-second day of May, 1755, and listened to a sermon by the Rev. John Lowell, from the text, " For the Lord your God is he that goeth with you, to fight for you against your enemies, to save you." In the battle that began between eleven and twelve o'clock on the eighth day of September, 1755, at Lake George, Col onel Titcomb had command of the extreme right wing of General Johnson's army. The French forces, defeated, fled into the woods, leaving their baggage and military supplies unprotected. At about four o'clock in the afternoon, while the battle was raging furiously, and the noise of musketry was heard all along the line. Colonel Titcomb was shot and in stantly killed by a party of Indians, who were concealed in a swamp about eighty rods distant.* General Johnson, slightly wounded, was borne from the field at the beginning of the battle ; and the' attack on the fort at Crown Point was, by his order, abandoned until a more con venient season. Samuel Blodget, a trader in Boston and a sutler in the army, made a plan of the battlefield, which %vas engraved by Thomas Johnston, and published by Richard Draper in 1755.! The plan is reproduced on the next page. The position of the troops and other points of interest are marked on the plan to correspond with the figures in the following list : — 6. Canadians and Indians 17 Reserves 7. French regulars attacking 18 Woods and Swamps 8. Road 19 Morass 9. Provincials in action 20 Cannon defending the flank. 10. Trees felled for breast works 21 Baggage wagons II. Cannon. 22, 23 and 24 Stores and Amu- 12. Cannon posted on an emi- nition nence. 25 Mortars 13. Place where Dieskau fell. 26 Road to the lake 14 and 15. Canadians 27, 28 and 29 Store houses 16 The man that shot Dieskau. 30 Mowhawks • " Ould Newbury," pp. 464-473. t Narrative and Critical H istory of America, vol. v., note, p. 586. The plan was reproduced in Bancroft's History of the United States (1S54), vol. ix., p. 210; also, in the History of Lake George and Lake Champlain, by B. C. Buller (1868). BLODGET'S .MAP OF THE BATTLE OF L.A.KE GEORGE, 1755. LOUISBOURG, CROWN POINT, AND QUEBEC SS9 31 Gen. Johnson's tent 36 Col Ruggles' regiment 32 Col Lyman's regiment 37 Col Titcomb's " 33 Col Harris' 38 Col Guttridge's " 34 Col Cockroft's " 39 Officers 35 Col 'Williams' During the summer of 17SS, additional troops were sent to re-enforce the army in the vicinity of Lake George. One company, composed of the following-named officers and men from Newbury, served from September 8, 17SS, to January 6, 1756.* Samuel Gerrish Jun Capt. Joseph Little, Lieu'. Henry Chipman, Ensign Daniel Chismore Corporal Anthony Morse Private Samuel Woodman " Jonathan Martin Private Samuel Hogg " Benjamin 'Winter " Ebenezer Flood " John Dole " At about the same time, Capt. Jonathan Poor organized a company that served a little more than two months at Lake His Majesty's service under the from Sept 9, 1755 to Nov. 17, George and Crown Point. Muster-Roil of the Company in command of Jonathan Poor Capt. [In the Crown Point expedition i75S-]t Jonathan Poor David Hazeltine David Parker Isaac Chandler Jno Peabody Samuel Currier Daniel Jaquish Seth Petty Daniel Dane Isaac Abott Richard Peabody Asa Swan Daniel Blanchard Uriah Abbott Saml Holt • Massachusetts Archives, vol. xciv., p. 107. Other officers and men belonging to this com pany were from Salisbury, Amesbury, Rowley, and Haverhill. t Massachusetts Archives, vol. xciv., p. 14. Capt PRIVATES. Lieut Josiah Gutherson jnd " Benjn Fish Serjeant Jno Asten " George Davis IC Joseph Odell " Andrews Johnson Clerk Daniel Crysey Corporal Israel Adams (. Thoms RusseU James Pearson (. John Cillam " Thoms Hovey (( Moses Haggott Drummer Sara' Walker S6o HISTORY OF NEWBURY Stephen Carlton Joseph Marbell Richard Kimball William Kimball Jno Presbey .Asa Giles Tubal Ayers Obediah Belknap Joseph Webster James Eaton Daniel Coffin PRIVATES {continued). Thoms Emmery Nathan Merrill Ebenezer Brown Enoch Johnson Thoms Mitchell Nathaniel Mearill Enoch Poor Nathan Austin Andrew Foster Joseph Parker Ward Noyes * i\t a conference of the governors of Massachusetts, Con necticut, New York, Pennsylvania, and Maryland, held De cember 12, 1755, another expedition to Crown Point was agreed upon ; and the General Court of the province of Mas sachusetts Bay voted to raise thirty-five hundred men to be placed with other provincial troops under the command of Gen. John Winslow, of Marshfield. Owing to the capture of the fort at Oswego, early in the spring of 1756, by the French general, Montcalm, the attack on Crown Point was again deferred, and the troops remained inactive in the vicinity of Lake Champlain until their term of enlistment expired. The Xewbury men who served in this expedition were en rolled in two companies and credited with ten months' ser vice in the regiment commanded by Col. Jonathan Bagley, who was stationed at Fort William Henry on Lake George, and employed during the summer of 1756 in building three sloops and several hundred whale-boats for the transportation of troops and munitions of war to Ticonderoga. f Muster Roll of the company in His Majesty's service under the com mand of Col. Jonathan Bagley, John Kingsbury Capt. at Crown Point from Feb. iS to Dec. 17 1756.I: Gedion Woodwell ist Lieut. Benj. Kingsberry. 2d " Timothy Colby Ensign Joseph Remick Clerk Joseph Rose Serg. Humphrey Atkinson " *This company was partly composed of Newbury men, but their places of residence are not p:iven in. the muster roll. t" .Montcalm and Wolfe," Parkman, vol. i., p. 388. + M.issachusetts Archives (Muster Rolls), vol. xcv., p. 92; also, pp. 199 and 424, and vol. xciv., p. .;.-.;, .ind pp. 105, 135, and 35S. LAKE GEORGE, TICONDEROGA, AND CROWN POINT. 562 HISTORY OF NEWBURY James Carr. Serg. Richard Kent John Butler. corp. Ebenr Knapp. Jonathan Noice. " Jonit Lowell Isaac Remick. " Willm Mitchell William Coffin. " Sam'l Morgaridge Wm. Morgaridge PRIVATES. Jona Norton Hezek. Aubin. Edwd Pettingell William Brown. Mathew Pettingell Silas Burbank. Jona Roggers Hezek. Colby. Willm Sampson Joshua Colby Joseph Sampson Samuel Cresse Moses Sweet Nicholas Currier Samuel Sweet. John Downing. Joseph Stockman. Joseph Inglish. Ballard Smith. John Goodrich. Jona Whitmore Joseph Gareland. Daniel Willit. Joseph Godfree. Sam" Wallingford Xath. Hunt. Oliver Worster. Nehemiah Johnson Edwd Thompson Samuel Candrick. George Mace Daniel Kent John Weed The officers and men named in the above list were from Newbury, except Col. Jonathan Bagley and Ensign Timothy Colby, who were from Amesbury. Gideon Woodwell, lieu tenant, was placed in charge of the ship-carpenters at Fort ^\"illiam Henry. His commission reads as follows : — William Shirley, Esq, Captain General and Governor in Chief in and over his Majesty's Province of Massachusetts Bay in New England and Vice .Admiral of die same. General and Commander in Chief of his Majesty's Forces in North America. To Gideon Woodwell, Gentleman, Greeting. His Majesty's Service requiring that a number of Shipwrights and others skilled in the felling and hewing of Tiraber should be forthwith sent from this Province for the Building of Battoes iSic for Transporting the Forces destined for the Intended Expedition against Crownpoint. Vou are hereby authorized and impowered to take upon you the Direction of a Company of .Artizans and the Government over them in all Matters relating to the said Business and you are to follow all such Orders .is you shall receive from me or any Person or Persons I shall appoint to give you Instructions herein for which tiiis shall be your sufficient Warrant. LOUISBOURG, CROWN POINT, AND QUEBEC 563 Given under my hand and Seal at Arms at Boston the twenty third day of March 1756 In die twenty ninth Year of his Majestys Reign. By his Excellencys Command W. Shirlev Thos. Clarke, Depty Secry Muster Roll of Capt. Beniah Youngs' Company on the late Crown Point Expedition from Feb. 18. 1756 to Decem. 22 following. In Col. Bagley's Regm't.* Beniah Young. Capt. "Saml. Greenleaf. Lieut. Stephen Ilssly. Ensign. Francis Holladay. Serg. Stephen Clark. " Wm. Stockman Thomas Pearsons. Clerk. Dan'l Sampson. Corp. James Hayes " Stephen Haskell " Wyman Bradbury " Joseph Adams Drummer PRIVATES. Wm. Hudson Ballard. Abner Bagley. Kiah Bagley Anth. Bell. Wm. Colewell Joseph Cooker Daniel Curtis Wm. Connor. John Casserday Philemon Casserday Rich. Dole. Davd Downing Edmd Emery Thomas Ford Wm. Ferrick Jona Griffin Enoch Gooding Zebediah Hunt John Harshorn Paul Ilsley. Daniel Knight Joseph Low Josiah Martin Barnard Mace Nath'l Noice Ambrose Nelson Thomas Obrion Jos. Pettingell Elisha Pillsbury Benj. Rogers Sumner Shackford Enoch Wells. Benj. Winter Other men enrolled in this company were from Rowley, Haverhill, Amesbury, and Salisbury. There was also one company from Newbury in the regiment commanded by Col. Ichabod Plaisted, of Salem, engaged in the same service from February eighteenth to December 22, 1756, as follows : — f Jonathan Pearson, Capt. Joshua Greenleaf, Lieut Benjamin Brown, Ensign Thomas Stevens, Serg' Andrew Rody, " Paul Cammatt, " * Massachusetts Archives (Muster Rolls), vol. xcv., p. 134. t ibid., pp. 136-138. 564 HISTORY OF NEWBURY Joseph Noyes, Clerk Henry Noyes Ezekiel Mighill, Private John Owens ditto Sergt George Pattison William Badger, Corporal Jonathan Rogers Tristam Coffin, ¦' Samuel Swett Joseph Creesy, Drummer Samuel Stickney James Tenny privates Benjamin Perkins Samuel Burrell Benjamin Coffin John Knowlton John Dole Richard Brett Jeremiah Dalton Joseph Coffin Nath' Foster Benjamin Coffin Daniel Norton * In addition to the Newbury men who enlisted in Col. Jona than Bagley's and Col. Ichabod Plaisted's regiments, a large number served during the summer of 1754 or winter of 1754—5 in Col. John Greenleaf's regiment. March 20, 1756, Colonel Greenleaf reported " An exact list of the men who have been employed in his Majesty's Ser\'ice These two years Past," as follows : — f Col John Greenleaf . 79 men Col Moses Titcomb 78 " Major Joseph Gerrish 24 " Capt John Northend 25 " Capt Richard Kent . 19 '• Capt. Richard Thirston ¦ . 17 " Capt Stephen Emery . 29 " Capt John Pearson ... 35 " Capt Caleb Cushing 17 " Capt Moses Sargeant . 46 " Capt James Smith 25 •' Capt William True . . 35 " Capt George Worthen . . 43 " The residences of the men are not given in the original list, but the following-named persons in Colonel Greenleaf's com pany were evidently from Newbury : — Philip Coombs Gershom Burbank James Bayley Benja Chandler Jona Boardman Paul Currier * The remainder of this company ^\¦as composed of men from Ipswich, Salisbury, and other towns in the vicinity. t Mass.achusetts .Archives, vol. xciv., p. 134. LOUISBOURG, CROWN POINT, AND QUEBEC 56: Moses Cross Benja Coffin William Lord William Coffin Joseph Coker John Castro Joseph Clough Joseph English John Gould James Hill Samuel Long Francis Hodgkins John Hilton Isaac Jillings John Lord John Dole David Coat Benja Sweet Friend Moody Moses Rolf Benja Libra Joseph Cheney Abel Davis Hezekiah Colby John Pike Stephen Haskell Saml Aubin Anthony Stickney Joseph Litde Benja Rogers Daniel Tilton William Moody Willm Noyes Nathl Hunt John Wyatt Samel Walingford Ballard Smith Daniel Willet David Titcomb Eliph' Griffin Benja Moody Samel Holt George Paterson Hezikiah Aubin Francis Whiteher Patrick Phisgard Jona Blake Jona Reynolds Elimeleek Weed Benja Simpson Saml Stickney Thomas Sweet Stephen Hunt Andrew Rody George Mace Thomas Eaton Sergeant Weed Sam' Blackenburg Edwd Holland Richd Flood Jona Pearson Gideon Woodwell Henry Chipman Saml Morgaridge Skipper Lunt Daniel Tilton Stephen Tilton Samel Moody Philip White Joseph Little Andrew Flood * In Colonel Titcomb's company all, or nearly all, the follow ing-named persons were from Newbury : — Col" Moses Titcomb Benaiah Young Edmd Morss Daniel Pike John Kingsbury Abner Dole Jun Henry Titcomb Daniel Kent * Massachusetts Archives, vol. xciv., p. 131. ;66 HISTORY OF NEWBURY Enoch Pilsbury Edmund Davis Sherbon Sleeper John Satchell John Swett William Swett Isaac Remick Joseph Somerby Joseph Sampson John Knowlton James Buzwell Josiah Martin Jona Bradbury Moses Atkinson Morrill ^\'itcher Nath' Lane Nathl Foster Jr Nicholas George Nathan Page Samuel Aubin Jun Baker Coffin Sam" Carr Thomas Bartlett 3d Willra Weed Will™ Harvey John Holiday Nathil Howard Eleazer Hudson Joseph Rogers Sam" Burrell Mathew Pettingall Josiah Chase Jeremiah Lull James Horton Moses George Jona Moulton Seth Bardet Jun John Plat Jona Morrill Willm Conner Andrew Rodes Timothy Rian James Nickells Jeffry Titcomb John Knowlton Stephen Coffin Willm Morgaridge Joseph Leach James Carr Hardy Lowell Willm Brown Obediah Eaton Benjamin Sampson Joshua Titcomb John Pilsbury James Hayes Benja Rogers Jona Dole Jun Joseph Garlin Robert Jones Thomas Moulton Willm Mitchell David Stickney James Hackett John Sweet Daniel Goodin Thomas Ford Skipper Lunt * The following men from Newbury were enrolled in Major Joseph Gerrish's company : — Nath' .Adams Jona Martin Willm Stickney Nathl Gitchell" Joseph Walingford Samll Dutey John Pike Nath'l Adams Willm Stickney Jona Stickney Nath" Heth Thomas Perrin * Massachusetts .Archives, vol. xciv., p. 131. LOUISBOURG, CROWN POINT, AND QUEBEC 567 Joseph Spiller Charles Casity David Woodman Anthony Bell Nath'l Getchell Aaron Nichols James Smith. Jun, Edmd Cheney. Jun Joseph Walingford Jona Martin Sam'l Hogg Benjamin Winter * In the company under the command of Capt. Richard Kent were nineteen men from Newbury, as follows : — , Joseph Ilsley Jun Nath" Clough Nath" Clough Sam" Currier Enoch Wells Patrick Sirvant Willm Stickney Thomas Knight Thos Ilsley Thomas Greenleaf John FoUinsby James Stickney Ebenezer Flood David Knight John Moody Willm Moody Thoms >foyes Richd Little Sam" Toppan 3rd > The following-named men -in Capt. Stephen Emery's com pany were probably from Newbury : — George Freeze j John Campbell f John Cooper j- Stephen Rogers Jun Stephen Bagley Jun George Freeze \ John Campbell f John Cooper j- Stephen Lowell David Ossillaway Anthony Chase Joseph Lowell Barns Short Sam" Emery Alexander Mills Andrew Downer Israel Gardner Daniel Cheney Joseph Cooper Stephen Richardson Thoms Pike Jun Jacob Bartlet Anthony Morss Sam" Woodman Daniel Cheesembre Thomas Folinsby f In the company under the command of Capt. Caleb Cush ing were seventeen men, probably from Newbury and Salis bury, as follows : — * Massachusetts Archives, vol. xciv., p. 132. t In the original list, the names of George Freeze, John Campbell, and John Cooper are re corded twice. See Massachusetts Archives, vol. xciv., p. 132. S68 HISTORY OF NEWBURY Sam" Greeley James French Shubael Greely Moses Merrill Henry Moody Willm Eaton Daniel Moody Willm Townsend Benja Buswell Abell Davis John Stephens Nath" Carr Josiah Hook Abell Davis. Jun Sam" March Simon Williams * David Eaton In Capt. James Smith's company nearly, if not all, the fol- .lowing-named men were from Newburj' : — Willm Cooper John Chase John Cooper Willm Harris James Goss John Cooper Francis England James Smith Wells Chase Benja Pressy Hezekiah Hutchins Thomas Chase Johnson Chase Solomon Holeman Benja Jaques Jun Nathan Bayley Stephen Merrill Nath" Low Ebenezer Dow Amos Dole Nath" Plumer Docf Jacob March Nath" Plumer. Jun Capt Sam" Gerrish f Ephm Boynton All persons between sixteen and si.xty years of age, who were exempt from ordinary military duty, were organized and ordered to hold themselves in readiness to respond to any call for service within the limits of the town. The following- named persons, enrolled in two militia companies, were prom inent in the commercial, social, and professional life of New bury. The .Alarrum List of the foot company in Newbury of which Joseph Coffin is Capt. 1757. July 13. The Rev. Mr. Bass. Nathan Hale. jun. The Rev. Jona Parsons. Abraham Titcomb. Edmund March. Anthony Stickney Lieut. John Brown. Moses Bradstreet. Step" Sewall. Capt. Gideon Woodwell. ^^"illm Atkins, jun. Lieut. Joshua Greenleaf. * Massachusetts Archives, vol. xciv., p. 133. t Ibid., p. 134. LOUISBOURG, CROWN POINT, AND QUEBEC 569 Nathan Brown. Capt. John Currier. Capt. Wm Allen. Eleazer Johnson. Jona Filbrook Ebenezer Lowell. D" Thoms Moody. Benja Titcomb. Saml Smith. Josiah Woodbridge. Mr. Benja Woodbridge Ebenez' Littie Richd Toppan. John Alent. Moses Pike Nicolas Petting" Thomas Smith jun Robert Cole Willm Couch Docf Parker Clark Docf John Sprague. Doct. John Newman Doct. Parker Noyes Isaac Johnson. Capt. Daniel Tilton Capt Jona Pearson Capt Nicholas Tracy. Capt Daniel Emery Capt John Pearson Capt[— ] Baren (?) Capt Jeremiah Pearson Mr. Eleazer Hudson Willm Jenkins. Sam" Emerson. Nathaniel Sawyer. Nathan Prince. Capt Daniel Marquand Ebenezer Sergeant Ralph Cross John Wood Jonathan Beck Samuel Harris * The Larrum List of the Fifth Company of Militia in the Town of Newbury under the command of Capt. Richard Greenleaf. 1757. John Kingsbury. Theophilus Bradbury. Benaiah Young. Samuel Greenleaf. Joseph Atkings Arcalus Woodman. William Macheard. John Ordway. Dudley Atkings. John Berry. Edmund Moss. Ebenezar Knap Daniel Famam. Samuel Somersby. Abiall Somersby. Joseph Titcomb Richard Coffin Abell Merrill. Enoch Titcomb-jun. * Massachusetts Archives (Muster Joshua Titcomb Phillip White. Sumersby Moody. Enoch Plumer. Henry Friend. Hilton Woodman Nathaniel Chase William Coffin Mahew Greenleaf. Jonathan Hartshorne Bolan Stocman Seth Bartlett John Brown (Lame) Icabod Woodman. (Lame) Abnah Dole. (Lame) Moses Hoyte (one foot) Jonathan Sampson (one eye) A lett Greenlife. John Friend. Rolls), vol. xcv., p. 421. 57° HISTORY OF NEWBURY John Knight Charles Hodge Michael Dalton Jonathan Dole Paul Shackford. Daniel Coffin William Davenport Benjamin Greenleaf. Richard Greenough. John Lowell. John Kent Nathanel Foster Enoch Sawyer. Edmund Sawyer. Micajah Sawyer John Atkinson Joseph Whitmore Samuel Nowell John Britt Jonathan Thomb Q) Joshua Lunt Moses Sawyer.* A List of the Training Soldiers in the Second Company of Foot in Newbury under the Command of Lieu' Coll Josii Gerrish. f SERGENTS Richard Dummer Jereii Poor Caleb Burbank Moses Pearson Henry Adams John Thorla Sam' Davenport Jonn Swett Thomas Lull Henry Poor John .A.dams Charles Adams Daniel Adams. Moses Adams Joseph Adams Israel Adams Life -Adams Edmund Adams Daniel Barker John Bailey Micjah Burbank Moses Chaney Ezrah Clough Ebenr Clark Benja Chaney Shubeal Dummer William Dummer John Daly John Danfort Oliver Danfort Moses Daly Micjah Dickerson Saml Danford Jun Joseph Danford John Frazier Enoch Flood Richard Gutridge Enoch Gutridge Josiah Gutridge Joseph Gerrish Enoch Gerrish Jacob Gerrish Sam' Gerrish Jun Moses Hale John Jackman Edward Longfellow Sam' Longfellow Moses Lull Joseph Lesley Elkanah Lunt Jun Jona Martin Parker Mores * Massachusetts Archives, vol. xcv., p. 424. In addition to the naines printed above "[ ] Frees, cripple, John Stickney, lame, William Starkey blind" were reported as physi cally disqualilied for military service. t Massachusetts Archives, vol. xcv., pp. 427, 428. LOUISBOURG, CROWN POINT, AND QUEBEC 57' Abner Mores John Noyes Sam' Noyes John Noyes Jun Daniel Parmer Moses Poor Jona Pearson Paul Pearson Jereh Pearson Enoch Pearson Solomon Pearson Josh Pearson Thomas Perrin Bemsley Plummer Thomas Pike Thomas Smith David Stickney William Stickney Paul (?) Stickney Moses Smith Joseph Series John Series Jun David Spofford Benja Sayer Nath' Tenney Oliver Tenney Richard Tenney John Turner Willm Turner George Thorla Moses Thorla Tristram Thorla John Thorla Jun John Urier Moses Woodman David Woodman Moses Wheeler Jona Wheeler Willm Titcomb Willm Woodman Noyes Pearson Eleazer Burbank Rev. Mr. Moses Parsons Mr. Dummer Jewett John Bailey Saml Worthen Daniel Noyes Robert Adams William Grant George Thorla Joshua Noyes Edmund Gerrish Moses Gerrish Sam' Adams John Danford Elkanah Lunt David Pearson David Pearson, Jun. Jona Pearson Jona Pearson Jun Joshua Curriah Charles Casedy Joseph Noyes Stephen Dole Sam' Searle Benja Willet Timothy Jackman Joseph Smith Willm Longfellow Nehei" Noyes Nath' Boynton Jona Thorlo Abraham Sayer Abraham Brown Israel Adams Saml Howsley Moses Wheeler Willm Tenney Upon the oath I have taken this is a true and Exact List John Dum.mer Clerk ofs^ Compa/iy In June, 1758, Gen. Abercrombie had gathered a force of fifteen thousand men at the head of Lake George ; and, in the 572 HISTORY OF NEWBURY month of July following, he made an unsuccessful attempt to capture the fort in the possession of the French troops at Ticonderoga. Among the soldiers enlisted for this service was a company of one hundred men, under the command of Capt. Joseph Newhall of Newbury. Muster RoU of a Company of Foot in His Majestys Service under the Command of Captain Joseph Newhall in a Regiment raised by the Province of the Massachusetts Bay for the Reduction of Canada where of Jonathan Bagley Esq is Colonel, viz : * Joseph Newhall Captain Newbun,- Jonathan Pearson Lieu< fl Joseph Ilsley t( .i. Perley Pike Ensign " Sommerby Moody Sergeant Skipper Eliott John Owens '¦ U Seth Carver ¦• Bridgewater Paul Ilsley Corporal Newbury Daniel Chizemore " " Enoch Gerrish " [No residence Enoch Wells " u Jeremiah Dalton Drummer (( John Brown [No residence given] Aaron Davis Kiah Bailey John Danforth William Burrell ¦' John Doty Edmund Bailey " Abijah Dickinson Simon Bailey Ik Philemon Dane Jacob Burrell '• Joshua Danforth Daniel Brackenbury •' Samuel Danforth Stephen Bailey '¦ Moses Davis James Buswell •' Davis Downing Asa Bass Halifax Oliver Dole Peter Bradshaw Boston Ebenezer Flood Joseph Bailey Newbury Enoch Flood Ezra Clough Rowley Ebenezer Hood Jun Nathaniel Clough " John Goodridge Joshua Currier Newbury Samuel Gibson William Cheeney Rowley Josiah Goodridge Joseph Coker Newbury Leonard Hermon Benjamin Carter Plymouth Carr Huse * Massachusetts Archives, vol. xcvi., pan ii., pp. cic, 517, arc Newburv Rowley Ipswich Newbury [No residence "ven] LOUISBOURG, CROWN POIxVT, AND QUEBEC 573 Aquila Hodgkins Ephraim Hoyt Jun Ezekiel Jewett Jun David Jaquis Stephen Jackman Micah Leach Elkanah Lunt Samuel Lunt Stephen Lunt Reuben Mace Reuben Mace Jun Jonathan Martin Joseph Moody John Moody ¦ Abner Mooers Ebenezer Morrison James Nelson Henry Noyes John Noyes " Paul Noyes Ambrose Nelson Nathaniel Noyes Nathaniel Oben Thomas Perrin Thomas Pike Simon Page Samuel Plumer Samuel Pulsifer [No residence given] Boxford Newbury 11 Halifax Newbury [No residence given] Rowley Newbury [No residence ^ven] Rowley (( Newbury it Salisbury William Plumer Jeremiah Plumer Samuel Rogers Thomas Rogers Robert Rogers Ebenezer Rawson Jeremiah Sachell William Sampson Joseph Swett Jun Joseph Swett Benjamin Sawyer Joseph Swasey , Moses Swasey Eliphalet Sawyer Roland Stockman Leonard Smith Isaac Sturtevant John Searl Jun Jamea Thompson Sargent Weed William Weed Benjamin Woodman William Woodman Nathaniel Willett John Wyatt Samuel Wyatt Janes Woodbury Thomas FoUinsby Newbury Ipswich Newbury It Middlebury Ipswich Newbury Rowley Newbury Gloucester Newbury Boxford a Halifax Rowley Halifax Newbury [No residence given] Thomas Pownall, governor of the province of Massachusetts Bay, recommended in 1758 the building of a fortification at the mouth of the Penobscot river, in order to prevent the French naval forces from landing there and sending out scouting parties to plunder and destroy the sea-coast towns. March 23, 1759, the General Court authorized the voluntary enlistment of four hundred men, to be di\-ided into four com panies and taken in transports to the place where the pro posed fort was to be erected. On the first day of May, one company, consisting of one hundred men from Haverhill, Bradford, and other towns in *Mr. Eugene Noyes, of Amesbury, Mass., has in his possession a memorandum book in which John Noyes recorded the date of hia enlistment and other incidents connected with his service at Lake George. The company evidently came home by the way of Concord, arriving in Newbury November 13, 1758. 574 HISTORY OF NEWBURY the vicinity, under the command of Capt. Israel Herrick, sailed from Newbury ; and on the fourth day three companies, enlisted in Suffolk county, sailed from Boston. Joshua Bailey, of Bradford, was a soldier in Capt. Herrick's company, and carefully noted the following items in his diary of daily events : — Bradford March the Thirty First day in the year One Thousand Seven Hundred and Fifty Nine. Then I, Joshua Baily, voluntarily en listed in his Majesty's sen-ice for three Months to go to Penobscot under Capt. Israel Herrick. On .April 2ot'i at three o'clock in the afternoon we marched to Newbury and arrived there about five of the clock and that night we lodged aboard Capt Bradbury's [sloop] and lay in the har bor of Newbury on Sunday the 29'ii, and on Monday the so'i" at nine o'clock in the morning we were drawn up four deep and marched through the Town and up to Long Wharf and took a lesson till 6 of the clock in the afternoon ; And on Tuesday Gov. Thomas Pownal, com mander in chief, arrived at Newbury, the first of May. About 3 o'clock in the p.m. on board went to sea. The number of a hundred men.* Go\-ernor Pownall accompanied the e.xpedition, and probable sailed from Boston with the men who had been mustered into the service there. The fort was built at a place called Wassaumkeag Point, with a block-house in the centre, sur rounded by a deep ditch and a high palisade. It was com pleted previous to July 7, 1759, when the main portion of the e.xpedition sailed for home, leaving a small force to garrison the fort. In 177S, Captain Mowatt, in command of the British sloop " Canceau," dismantled the fort; and in 1779 the blockhouses were burned and the earthworks des troyed. After the capture of Louisbourg in 1758, Gen. Jeffrey Amherst was placed in ¦ command of the troops at Lake George. He took possession of Ticonderoga and Crown Point, July 27, 1759, after Bourlamaque, the commander of the French forces, had abandoned and partially destroyed the fortifications.! A large number of Newbury men were in active service under General Amherst during the summer of that eventful year. * New England Genealogical and Historical Register, vol. xiv., p. 5. t '* Montcalm and Wolfe," vol. ii., p. 239, LOUISBOURG, CROWN POINT, AND QUEBEC S7S Retum of the men enlisted or impressed for His Majesty's service of the Province of the Massachusetts Bay in the regiment whereof Joseph Gerrish, Esq' is Colonel, to be put under the immediate command of His Excellency Jeffry Amherst, Esq', General and Commander-in-Chief of His Majesty's Forces in North America for the invasion of Canada. Ebenezer Flood Richard Hale James SaSord, Jr. Ezekiel Mighill Richd Flanders William Noyes, Jr. Stephen Jackman Thomas Noyes Asa Herriman Ebenezer Flood, Jr. Joseph Russel Joseph Pettingell Kiah Bayley Sam' Currier Ezra Hale Moses Hale Zechary Beel John Flood William Samson Joseph Coker Ichabod Colby George Paterson Nehemiah Johnson John Pike Nathaniel Howard John Gold John Lakeman Aaron Davis Simon Page Samuel Dean James Smith William Hazzen William Currier, 3d Sam' Colby Make-Peace Colby Aaron Cheever Benjamin Emery Stephen Noyes, Jr. Stephen Peirce Rich'd Goodwin Benjamin Stickney Thomas Jenkins Nathan Poor Joseph Stanwood Henry Pierce Moses Downing Jacob Morril David Jaques David Perkins Ezekiel Hardee Moses Poor John Hutchins Stephen Bayley Benja Pilsbury Elias Cheney Gideon Downer Henrj- Greenleaf Thomas Pike, Jr. Sam' Lowel Sam' Gardner Step" Richardson Sam' Bayley Thomas Williams Joseph Foster Parker Cooper Jonathan Martin Sam' Pike Sam' Danford, Jr. Sam' Gerrish, 2d William Turner William Morgaridge William Stockman Ebenez' Morrison Benja Woodman John Morgaridge Willm Plumer James Buswell David Downing 576 HISTORY OF NEWBURY Elijah Pilsbery Sam' Carr Joseph Cresey Moses Debeck Jacob Sawyer Aquila Hodgkins Caleb Stickney Joseph Dole Abel Coffin Moses Woodman John Low John Hewes John Carr, Jr. Francis Brown Joshua Kent Richard Tucker Stephen Clark Ruben Mace Solomon Aubin Jonathan Godfrey Enoch Poor Francis Cresey Jarvis Ring Abel Davis Oliver Osgood Theophilus Ring James French Moses Wadleigh Jarvis Flanders Jacob Thompson Philip Chandler Hezekiah Flanders Benjamin Bagley John Osgood Moses French Bradbury True Abel Bagley Josiah Clough Jesse Turrel James Easman Tim" Sanders Israel True Nehemiah Noyes Newbury April lo, 1759* CAPTURE OF QUEBEC AND CLOSE OF THE SEVEN YEARS' WAR. In the e.xpedition, under the command of Gen. James Wolfe, that sailed from Louisbourg up the river St. Lawrence to Quebec, in the month of June, 1759, was a company com posed of the following-named officers and men from New bury : — Corp> William Davenport, Capt. Daniel Poor, Thomas Swett, Lieut. William Stevens, D: Gersham Burbank, (t Jonathan Merrill, ; Ensign. PRIVATES. Moses George, Sergt. , Luke Sweet. John Moody, (( Joseph Woodman. Daniel Pike, It Thomas Barnard. Matthew Pettingill, (( John Brock. Joshua Colby, Corp. Pall Coffin. Thomas Ford, (( William Matthews. Stephen Morse, .1 James Ward. ' Massachusetts Archives, vol. xcvii., pp. 107, 108. GENERAL JAMES WOLFE. 578 HISTORY OF NEWBURY PRIVATES {contiTiued). John Caswell. Edmund Baly, Jr. Daniel Knight. John Stevens. Nathaniel Roby. Andrew Hilton. Richard Pierce. Paul Person. Thomas Moody. Nathan Pabody. Stephen Colby. Samuel Wyatt. Ezra Cluff. William Cheney. Daniel Pilsbury. Nathaniel Brown. Joshua Moss. William Clarke. Samuel Huse. Richard Sanborn. Eleazer Burbank. Zebediah Hunt. Enoch Bagley. Michael Short Zachariah Beel. Sherborn Tilton. William Griffin. Jacob Burrill. Jeremiah Person. John Currier.* Enoch Chase. Captain Davenport's company was in the battle on the plains of Abraham, when General Wolfe was killed, on the thirteenth day of September, and assisted in digging the trenches near the walls of the town, until the white flag was raised and Quebec surrendered, September i8, 1759.! News of the great victory was received everywhere in New England with joy and exultation. In Newbury, an ox was broiled on a huge gridiron erected on vacant land, now Market square, Newburyport, at the westerly side of the Third parish meeting-house ; and the occasion was enlivened with'music and songs of triumph that continued late into the night. For the re-enforcement of the English troops at Port Royal and Cape Breton, several regiments were enlisted in the province of Massachusetts Bay during the year 1759. One company in Colonel Frye's regiment was composed of the following-named officers and men from Newbury and the sur rounding towns : — .A. muster roll of tlie officers and men in Capt. Samuel Gerrish's com pany in Col. Frye's Regiment, in service in the Province of Nova Scotia after the first of January 1760. * Massachusetts Archives, vol. .xcvii., pp. 325, 326. f'Ould Newbury," pp. 494-497. LOUISBOURG, CROWN POINT, AND QUEBEC 579 Samuel Gerrish Capt Hezikiah Hutchins 1st Lieut Ezra Putnam 2nd " Pearly Pike Ensign Richard Hale Serjeant Stephen Clark » Henry Greenleaf Serjeant John Goold Thomas Pike John Lakeman Jacob Currier Nathl Noyes Corporal Drummer Solomon Aubin Steph" Bailey Saml Bailey Ichabod Colby Saml Colby- Isaac Chase Joseph Coker Makepeice Colby John Chase Parker Cooper Elias Cheney Aaron Cheever Moses Downing Saml Dummer Aaron Davis Saml Danforth Jun Benjn Emery Rich'l Flanders Eben"- Flood Ebenf Flood Jun John Flood Joseph Foster Jonathan Godfrey Saml Gerrish Saml Gardner Rich"! Goodwin Asa Harriman John Hutchins Ezeki Hardy Nathl Howard Stepn Jackman David Jaques PRIVATES Thos Jenkins Nehemh Johnson » Samuel Lowell Joseph Martin Ezekiel Mighill Thomas Noyes Wm Noyes Jun Davod Perkins Moses Poor Simon Page Stephen Pierce Henry Pierce Enoch Poor Samuel Pike Parker Pilsbury Nathan Poor George Paterson Stephn Richardson Joseph Russell Joseph Stanwood Willm Sampson James Safford Benjn Stickney Abraham Sweet James Smith William Turner Enoch Thurston Seth Woodward Thos. Williams Nathl Martin Reuben Locke* On the twenty-eighth day of April, 1 760, the second battle between the French and English troops for the possession of * Massachusetts Archives, vol. xcviii., p. 457. The names of the soldiers after " Thos. Jen kins" are not given in the muster roll in the Massachusetts Archives, vol. xcviii., p. 150 ; and the naines " John Pike, Serjeant, Samuel Currier, private, and Gideon Donner, private," are added. 580 HISTORY OF NEWBURY Quebec was fought on the plains of Abraham. The English troops were driven back into the town. An attempt was made to carry the walls and ramparts by assault ; but the opportune arrival of some English ships of war led to the withdrawal of the French forces, and Quebec was left to its fate. When the treaty of peace was signed at Paris, on the tenth day of February, 1763, the seven years' war ended. Canada was ceded to England with other territorial posses sions of France on the North American continent. CHAPTER XV. REVOLUTIONARY WAR. In 1765, the Stamp Act was passed by Parliament, and stamp distributors were appointed for Newbury and Newbury port. They were unable to enforce the law, and were ex posed to many indignities in their efforts to execute it. The act was repealed, March 18, 1766, to the great joy of the in habitants of Newbury and of other towns in the province ; but the right to levy and collect taxes was still asserted by Parlia ment. In 1767, heavy duties were imposed upon paper, glass, tea, and other articles of merchandise imported into the prov ince of Massachusetts Bay. September 22, 1768, Joseph Gerrish, esq., was chosen a delegate to a convention to be held in Faneuil Hall, Boston, for the purpose of devising ways and means to prevent the collection of these duties, and at the same time to avoid, if possible, a conflict with the legal representatives of the king. In the month of March, 1 770, a committee, consisting of six teen persons, was chosen to obtain pledges from the inhabi tants of Newbury " not to purchase or use any foreign tea, or buy, directly or indirectly, merchandise of any kind from any merchant known to be an importer of goods from England," until the obnoxious revenue law was amended or re pealed.* December 29, 1772, another committee was chosen to con sider the deplorable condition of public affairs, and determine what action should be taken " to protect and preserve the rights and privileges granted and guaranteed by the charter of the Province." The committee was composed of the fol lowing-named persons : — • Town of Newbury Records ; also, Coffin's History of Xewbury, pp. 236, 237. S8i S82 HISTORY OF NEWBURY Capt Joseph Hale Capt Moses Little Majr Samuel Gerrish Majr Joshua Coffin Samuel Sawyer Dea Benj Colman Mr Dudley Colman Mr Simeon Chase Cap' Samuel Moody Moses Noyes Dr. Peter Merrill Jacob Gerrish Daniel Chute Joseph Coffin Esq John Moody Deacon Richard Adams January 4, 1773, the committee recommended "that there be a Committee chosen by this Town, annually, or till we shall obtain a Redress of our Grievances, to correspond with the Town of Boston & with such other towns as said commit tee shall think proper in order that there may be union and co-operation in the assertion and maintenance of our rights." * The committee also reported a series of resolutions that were adopted by the legal voters of the town and ordered to be entered in full upon the records, " there to stand as a last ing memorial of the sense they have of their invaluable rights and of their determination to defend them in every lawful way as occasion may require." * Capt. Joseph Hale, Major Samuel Gerrish, Major Joshua Coffin, Capt. Moses Little, and Capt. Samuel Moody were elected members of the committee of correspondence, and ordered to confer with the provincial authorities in regard to the duties imposed by the law regulating trade with England. They were also instructed to co-operate with the committees of other towns in an effort to secure the repeal of the obnoxious law. December 22, 1773 voted that this town will use their utmost en deavors to hinder the importation of tea in America, so long as the duty shall remain thereon, either by the East India company, or in any other way whatever.* At a meeting held January 4, 1774, Capt. Joseph Hale, Mr. Jacob Gerrish, Mr. Dudley Colman, Mr. Joshua Noyes, Mr. Richard Adams, jr., Mr. Edward Moody, and Mr. Samuel Noyes, who had previously been appointed for that purpose, presented a series of resolutions, fourteen in number, that were unanimously adopted, with the following patriotic appeal to the inhabitants of neighboring towns : — * Town of Newbury Records. REVOLUTIONARY WAR 583 Beloved brethren let us stand, fast in the liberty, wherewith God and the British constitution in conjunction with our own, have made us free, that neither we, nor our posterity after us (through any fault of ours) be entangled with the yoke of bondage ! * Gen. Thomas Gage, who superseded Thomas Hutchinson as governor of the province of Massachusetts Bay, arrived in Boston May 13, 1774, and entered at once upon the dis charge of his duties. When the General Court assembled on the twenty-fifth day of May, he announced that in consequence of the excitement and tumult prevailing in Boston, the session would not be permitted to continue after the close of the month. Three days later, fearing his orders would be disregarded, he considered it advisable to declare the General Court "adjoumed to meet in Salem on Tuesday the seventh day of June." The representatives and magistrates reassembled at the time and place appointed. Joseph Gerrish, esq., who repre sented Newbury, protested with others against the arbitrary adjournment of the General Court. Delegates were elected to the Continental Congress at Philadelphia, and a repeal of the obnoxious laws enacted by Parliament was peremptorily demanded. The govemor, aroused and alarmed by these revolutionary proceedings, issued a proclamation on the seventeenth day of June, dissolving the General Court. The messenger to whom this proclamation was intrusted found it impossible to gain admittance to the upper hall where the representatives were assembled, and was compelled to read it on the stairs leading to the representative chamber. At a town meeting held in Newbury on the twenty-third day of June, Col. Joseph Gerrish, Dudley Colman, Deacon Silas Pearson, Deacon Edmund Bayley, and Capt. Joseph Brown were added to the committee of correspondence ; and, in answer to a letter received from the friends of American liberty in Boston, the town "voted to discontinue all Com merce with Great Britain and with all importers of goods from thence, until the Boston Port Bill is amended or re pealed." * •Town of Newbury Records. £ s d 7- 0.0 46. 4.2 to. 16.4 9.06.0 f 584 HISTORY OF NEWBURY On the ninth day of August, the inhabitants of Newbury appropriated the sum of two hundred pounds " for the pur chase of provisions to be sent to the suffering inhabitants of the town of Boston." * October twenty sixth, Mr. Samuel Moody, principal of Dum mer Academy, collected and sent to the inhabitants of Boston the sum of The members of the First Parish church Rev. John Tucker, minister, sent February 6, 1775 The members of the Byfield Parish church Rev. Moses Parsons, minister, sent The members of the Fifth Parish church Rev. Oliver Noble, minister, sent At a town meeting held September i, 1774, to consider the unhappy condition of public affairs, the following resolu tion was unanimously adopted : — . . . that we are ready at all times to unite with our Brethren, on this Continent, in consulting upon such measures as may be necessary to be carried into execution for recovering our inestimable Rights & Privileges : we do therefore heartily concur with the Town of Marble head in die Proposal which they have made viz : of having a County Meeting & accordingly we have Chosen the HonW' Joseph Gerrish Esq. Capt Moses Little, Major Samuel Gerrish, Mr Richard Adams Jur & Capt Joseph Hale to be a committee on the part of this town to meet the several committees from the other towns in this county in order to agree upon such measures as the exigency of our Publick affairs may require.* The town clerk was instructed to furnish a copy of this resolution " for publication in the Essex Journal and Merri mack Packet." The convention met at Ipswich on the sixth day of September, and after a brief discussion resolved to resist and oppose in every lawful way the recent appoint ment of councillors by the king, under the provisions of " An Act for the better regulating the Government of the Province of Massachusetts Bay in New England." Writs for a special meeting of the General Court to be held at Salem on the fifth da}- of October were issued by General *Town of Newbury Records. t New England fiistorical aud Genealogical Register, vol. xxx., p. 374, REVOLUTIONARY WAR S^S Gage, governor of the province ; and the town of Newbury, having elected Hon. Joseph Gerrish representative on the twenty-second day of September, instnicted him " not to be qualified for his seat in the house by any of the councillors who have received their commission by mandamus from his Majesty, but by the Council chosen by the house of represen tatives agreeable to the charter of the province." * It was also considered advisable, in order to secure unanimity of action in the several towns of the province, to appoint Mr. Gerrish delegate to a Provincial Congress to be held in the vicinity of Boston, " to consult and determine upon such measures as will promote the Peace, Welfare and Prosperity of the Province." * On the twenty-eighth day of September, Governor Gage, irritated and annoyed by the spirit and temper of the people, and confident that further attempts at legislation would be useless, countermanded the order issued for a meeting of the General Court at Salem. Ninety representatives, however, assembled there October fifth ; and, after waiting in vain for the governor to appear and administer the oath of office, they proceeded to organize a Provincial Congress. John Hancock was elected chairman, and Benjamin Lincoln clerk. After a brief discussion, they adjoumed on the seventh to meet at Concord October eleventh. For three days the delegates were in session at Concord, and then adjourned to meet in Cambridge on the seventeenth. Early in the month of February, 1775, the town of New bury was busily engaged in arming and equipping soldiers for the approaching conflict. All persons enlisting in the military service were required to sign the following agreement : — Pursuant to the Resolve of the Provincial Congress of the Massa chusetts Bay, we, the subscribers, do voluntarily Inlist ourselves as minute men & do covenant & Engage that we will hold ourselves in Readiness to March at the shortest notice to such Place or Places as we shall be ordered or directed by our officers chosen by us agreeable to the resolve of the Provincial Congress, or such Superior Officers, as are, or shall be, appointed by said Provincial Congress & further Engage that we will pay due obedience to all officers chosen or appointed as aforesaid.f * Town of Newbury Records. t Ibid., March 14, 1775. S86 HISTORY OF NEWBURY When the news of the battle at Lexington and Concord reached Newbury, the men who had enlisted and signed this agreement were hastily summoned at midnight, Wednesday, April 19, 1775, and were soon on their way to the field of action. The names of the officers and men who served on that memorable occasion are as follows : — The RoU of that part of tbe Company that marched from Newbury on the nineteenth day of April, 1775, on ye alarm on s