History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 229

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1888
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1672

USA > Massachusetts > Essex County > History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II > Part 229

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The passage of this law caused the beginning of a practice to record the erection of dwelling-houses in the town books, as is shown by this extract from the Haverhill records :

"Cottages: Whereas, the law provides for the prevention of the great inconvenience and damage that otherways would accrue by those persons that have built houses or cottages upou the common or their own land, since 1660, that have not lawful right thereunto, to the great prejudice of the house proprietors. Therefore we whose names are hereunto sub- scribed, do judge it meet for the prevention as aforesaid, and do here set down the names of those that have built houses upon the Common of Haverhill, or their own land, since the year afore said.

Samuel Davis, Thomas Whittier, Stephen Webster,

James Davis, Jr., Abraham Whiticker, James Peacker,

Jehin Swaddock, Samuel Coulby, Daniel Ladd, Jr.,

Samuel Gilde, Sen., Samuell Currier, Mathias Button,

Nathaniel Smith, Benjamin Page, Stephen Dow,

Will Neff,

John Page, Jr., John Eyer,

Joshua Woodman.

(Signed) George Browne, Daniel Lad, Jr , John Haseltine, Joseph Davis. Selectmen of Haverhill, in the year 1668 "

It will be observed that the Selectmen do not un- dertake to decide whether any of these persons, or if any who, were entitled to a right of commonage. They simply record the fact that they had built houses since 1660, because the law of 1660 provided that no dwelling-honse thereafter built should have commonage unless built hy consent of the common- ers or the town. Some of the builders, as we know, were already commoners, some, probably were not, and would not be entitled to commonage without special vote. But there was now a point of departure. Every builder, since 1660, must establish his right of commonage ; it could not be presumed in his favor. From another point of view-the historical and to the genealogist-these lists are of great value, as showing who were residents of the town at the time and when they built their houses. This record is con- tinued at subsequent dates :

" A list of more houses that are gnd fall under the law made in '60. prohibiting them from the privileges in commen lands.

Joseph Davis, Robert Ford, Jehn Kingsbury,

Daniel Ladd, Sen., Isaac Colbie, Thomas Ayers,

Joseph Johnson.

" As attest, Henry Palmer, Georgs Brewu, James Pecker, Robert Swan, Steven Webster, Selectmen in 1669."

121}

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

" A list of more houses built which fall under the law made 1660, which prohibits them from privileges in Common lands.

James Kingsbery, Gilbert Wilford, Philip Eastman,

Math. Harriman, Josiah Gage,

Thomas Duston,

Rob Emersou,

Jno. Ilartshorn,

Thomas Davis,

Joseph Page,

Widdow Ayers,

Joseph Hutchins,

Josiah Heath,

James Sanders,

Samuel Hutchins,

Stephen Webster, 2d

Samuel Ladd, Nathan Singleterry, Peter Brewer.

" This account was entered January 20th,175, by the Selectmen William White, George Brown, Daniel Hendricks, Thomas Eatton, Selectmen in 1675."1

" February the Ist, 16.7. An account of more cottages erected since January, 25, '75.

Thomas Duston,

Rob Hastings, James Saunders, 2d Ezra Rolf.

" As Attest, Henry Palmer, Andrew Gnite, George Brown."

" More cottages erected since February, Ist. '77.

Sam Ayers, Thomas Duston, 2d,

John Whittier,

Joseph Kingsbery, Jolin Williams,

John Haseltine, Jr. Benj. Singletery.

Amos Singletery,

" This account was entered January 13th, 1679, by order of Henry Palmer, George Browne, Daniel Ilendricks, Robert Emerson, selectmen." " More cottages erected, entered Feb. 27, 81.

"' Nath. Haseltine, Jno. Johnson, Jun., Jno. Stockbridge, Sam !. Dalton, John Clement."

Where the selectmen say these house-holders are prohibited from privileges in common lands, they simply mean may be prohibited. Thus, Daniel Ladd, Senior, Peasley and others, whoever has read the pre- ceding pages can easily select as among those who had received " Accommodation Grants," and therefore were entitled to commonage ; but the fact of erecting houses after 1660 put them upon proof to establish their title, if ever questioned.

Thomas Duston, mentioned twice in the above list, is Thomas, husband of the famous Hannah. He sold a house to Peter Green, above named, in 1676. He was married December, 1677, and Chase conjectures that the second house which he appears to have built, was erected in the summer of that year, and was the one in which he lived at the time his wife was taken prisoner in 1697.

The business of granting lands, of "laying down" lands granted, and "taking up " others, consumed so much time at the town-meeting that in 1663 it was voted there should be a general town-meeting holden on the first Tuesday in March annually, "for the granting and selling and exchanging of lands or com- monages, if the town see cause, and therefore it is hereby ordered that all the other towns or other meet- ings whatever, after this day is ended, shall be and are hereby prohibited from acting upon those grants of lands or commonages." The first Tuesday in March continued to be the time for holding the annual meeting until 1675, when it was changed to the last Tuesday in February.

Before this time great trouble had been occasioned by the failure frequently to make record of land grants at the time when made-thus Samuel Gild's grant of 1663 was not entered until 1690. In 1664, this evil was rectified, and two years after it was ordered that all who claimed to own land in the town should bring

in their title to the same, that it might be duly ex- amined and approved, The word farm appears in the records for the first time in 1663, showing that matters were becoming settled. The next year the select- men were anthorized to sell land to pay the expense of building a pound, which was the first, notwithstand- ing the order of the court in 1649. It was of wood, and stood near the meeting-house.

In 1664, John Carleton succeeded Richard Littlehale as town recorder and Clerk of the writs, holding those offices till 1668, when he was succeeded by Nathaniel Saltonstall, who remained in office till 1700-thirty-two years. At the May session of the General Court, 1668, and in answer to a petition, Capt. Nathaniel Saltonstall was authorized to join persons in marriage-an office which our fathers pre- ferred to have performed by the magistrate rather than by the clergy. Previous to 1664, there were thirty-seven marriages in the town.

In 1664,a list was prepared showing that there were sixty-four freemen in town headed by " Mr. Ward our preacher." That year a cow-common was laid out, extending from Little River to North Meadow, thence to East Meadow.

In 1665 a road was ordered laid out from " Holt's Rocks," just below the present Rocks Bridge to the Country Bridge, in the East Meadow. " Holt's Rocks " took their name from Nicholas Holt one of the first settlers of Newbury, after of Andover, who kept the first bridge near the Rocks. In 1667, a highway "down the valley to Holt's Rocks" was ordered. This year, 1665, Nathaniel Saltonstall was chosen captain of the militia company, and George Browne, ensign. The officers were young and doubt- less infused new vigor into the military force. The flag was a ground field-green, with a red cross, " and a white field in ye angle according to ye ancient cus- tom of our own English Nation, and the English plantations in America, and our own practice in our ships and other vessels, by order of ye Major Gen- eral." October, 1669, the General Court ordered "that George Browne be left and James Parker ensigne to Haverhill military company, under the conduct of Nathaniel Saltonstall, Esq."

This year, November 17, there was a " thanksgiving for relief from drouth, and lengthening out the har- vest." The highway from Haverhill Ferry to Tops- field was accepted at Ipswich Court.

In successive years, the duties of the selectmen were defined. By a vote of 1666, they should "have power to act in any prudential affairs according to the laws of the country, excepting in the disposing of lands." Two years later it was voted that one of the former selectmen should be re-elected each year; but the next year this rule was dispensed with, and, at the next annual meeting repealed. In that form it was probably found impracticable to determine which one should enjoy the honor and glory of office, not so much desired then as now. Thus, when Thomas

Dan Lad, Jr., 2d.

Joseph Peasly, Tho. Hartshorn,

Peter Green,

Nicholas Browne, Jno. Ileath, Jr.,

Samuel Bilknap,

Thomas Eastman,

John Robie,

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HAVERHILL.

Whittier was chosen constable it was voted that he should be excused provided he presented some one to take his place whom the selectmen should declare satisfactory. In 1770, Henry Palmer, refusing to act as constable after being chosen, " was fined according to law." At this time the selectmen were directed " to provide a herdsman or herdsmen, and bulls for the use of the town." Those who lived withont the compass of Pond River and the Great Plain fence, were to " pay 6d. a head for privileges of herdsmen and bull."

In 1669, the town set forth by vote the powers of the selectmen at length, and again in 1670. Substan- tially, they were as follows: 1. To order and appoint when Mr. Ward's salary should be paid, levy rates for same, and to take them by distress if not paid otherwise. 2. To observe all orders of the town, and collect all fines. 3. To pay all debts of the town by fines due or by rates in general. 4. To make all rates necessary to defray the town's debts. 5. To call town- meetings at discretion. 6. To see that all laws of the country were observed and kept. 7. To act in all prudential affairs of the town according to law. 8. To observe all orders of the town as near as they can.

In July, 1667, was laid out still another quantity of "accommodation " land. The following is alist of the names to whom it was allotted, and the number of acres to each :

acres.

"Mr. Ward. 26

Goodman Williams .. ... 6

James Davis, Sr. & Jr. 20

Job Clements .. 5

George Browne. 14

Ilugh Sherratt. 8 John Eaton, Sr. 10

John Robinson. 4 Henry Palmer 9

Goodman Butler. 4 Robert Eyre. 4

Henry Savage 4

Oldgood Eyre

Joseph Merrie. 5

John Ayres 8

George Corley 5

Win. White 5

Mill Lot. 6

Goodnian Peasley. 12

James Pecker

Goodman Gnile. 1

Richard Littlehale. 4

Goodnian Tiler 4

Mr. Coffin. 10

Mr. Clements, John &

John Remington. 4

Robert Swan. 2 Job

Old Goldwine.

John JIntching's 6

Goodman Heath. 10

Daniel Ella 2

Andrew Grealy 6

Joseph Johnson. 2

Goodman Noise 4

Jolın Davis. 6

Thos. Ilaile. 20

Job Clements 3

Thos. Davis. 18

Daniel Hendricks 3

Goodman Ladd 6

John Robinson 6

At the annual meeting of 1668, "John Johnson was chosen Moderator for the present meeting." This is the first time a moderator is mentioned in the records, though one was regularly chosen afterwards. Perhaps the new town clerk Nathaniel Saltonstall many have been more precise than his predecessors. Indeed, he seems to have been an excellent clerk, although he indulged himself in occasional com- ments upon the town proceedings, sometimes in Latin, what the historian Gibbon calls "the ob- scurity of a learned language." On one of these oc- casions, the town by vote directed the clerk's comment to be expunged from the record.

At the same meeting, a committee was chosen, to whom the inhabitants were to "make known by what title they lay any claim to any land in the town."

Several persons were fined for being absent from the town meeting.

It was ordered "that what papers should be brought to the Recorder to be entered in the town book of Records, it shall be in his power to record them, provided that Ensign Brown, James Davis, Jun., and Robert Clements, Jr., give their assent." The recorder was much annoyed by requests to record papers which should be recorded elsewhere or were not worth recording anywhere. Thus he prefaces the record of certain deeds with this note: "The copy of several deeds, which to satisfy the grantees, are entered, who they are told that it is no legal county record of Deeds."

Henry Kingsbery and John Renington are names first found in the records this year. .

The town once passed a vote restricting ownership of seats in the meeting-house to inhabitants ; but the following was much more hospitable in temper. The town, by a major vote, did make choice of Andrew Greeley, sen, to keep the ferry at Haverhill ; provided that he agree and will carry over the in- habitants of the town and the inhabitants of the town of Merrimack (Bradford) over against us, for three pence an horse and a penny a man; and that he will carry all ministers over free that come upon visita- tion to us, and in particular Mr. Symes (of Bradford) and that, if the inhabitants of the town over against us do come over to meet with us on the sabbath days, they shall have the free use of the ferry boat or boats, for the occasion, without paying anything." Greeley was also to pay forty shillings to Mrs. Simons, the widow of the former ferryman.

The town meetings at that time often commenced as early as 7 A.M., and were never adjourned to a later hour than 8 A.M. Debate was abundant and notwithstanding the early hour of meeting, it fre- quently took three days to transact the business. Still they managed to convince each other at last ; for it being the recorder's custom to give the names of those who " dissented" from any vote passed, very few are ordinarily found in the minority. About this time it was resolved that no vote passed after sunset should be valid.

It is recorded in 1671, " Robert Emerson, Ephraim Davis and John Heath, Jun., desiring to take the oath of fidelity to this colony, it was administered to them by N. Saltonstall, Commissioner." No one was allowed to vote for magistrates or deputies unless he had taken the freeman's oath, or "oath of fidelity." A man might be a freeholder and not a freeman. A freeman according to this understanding, was one who, had taken the freeman's oath, and a frecholder was one who either by grant, purchase or inheritance, had become entitled to a share in the common and

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

undivided lands of Haverhill. But it seems all the inhabitants were permitted to vote for town officers and to raise money. In 1631, it was enacted in the Massachusetts colony that only church members should be admitted freemen. As late as 1676, five- sixth of the men in the colony were not voters, be- cause not ehureh members.

In 1673, the clerk was directed to enter "in the book" all the previous orders and grants of the town, " which stand in loose papers and sheets." There has always been great difficulty in studying the early records of the town from this fact that many of them were written on such " loose papers" and were recorded without reference to their respec- tive dates, while some were withont date. Doubtless their strict chronology has not always been followed in the annals.

At Hampton Court in 1672, it was ordered that John Littlehale of Haverhill, who "liveth in an house by himself, contrary to a law of the country whereby hee is subject to much sin ; and having had information of some of his accounts which are in no way to be allowed of but disproved and discoun- tenaneed," "doe forthwith, at farthest, within the time of six weeks next after the date hereof, remove himself from the said place and solitary life and settle himself in some orderly family in the said towne and bce subject to the orderly rules of family government in said family (unless hee remove out of the said towne within the time) and if he doe not perform this order as aforesaid, then this Courte doth order that the Selectmen doe forthwith order and place the said John to hee in some orderly family as aforesaid, which if he shall refuse to sub- mit unto, then these are in his majestie's name to require the Constable of said town upon his know- ledge of it or information, to apprehend the person of said John and carry him to the house of cor- rection in Hampton, there to bee kept and sett to work untill he shall be freed by order of an- thority ; and this order shall bee a discharge and security."

John, son of Richard Littlehale, the pioneer, was born at Haverhill in 1650, one of twelve children. Our fathers did not approve of bachelors, and, in many ways, imposed absurd penalties upon them by by-laws and in other ways-as, for instance, by com- pelling them in one town to kill an extra number of blackbirds and crows. It was their policy, of course, to increase the population of the wilderness. Iu the present instance, the father had twelve children, the son was like to have none. Besides, the solitary life tended to disorder, and in this case, the intima- tion is that Littlehale "was subjeet to sin" in fact as well as from situation. Nothing is known to his diseredit, except what may be inferred from the order of the Court. He escaped the threatened penalties by entering "some orderly family ; " but he had not been ordered to marry and did not do so for

forty-four years, when, being sixty-six years old, he took a wife and had two children.

So much has been said of the duties of the select- men that it should be added they were also " to have some one to sweep the meeting-house duly, decently and orderly." For all their services they were to receive annually fifty shillings, distributable amongst them, " to each man according to his services."

March 1674, John Keyzar of Salem, was granted a piece of land, with privileges on the common, etc., if he would come "and set up his trade of tanner." This he did and in 1682 the grant was confirmed to him and his heirs forever. In 1683, he was publicly admonished by the moderator of the town-meeting for keeping his tan-vats open by which cattle and swine had been killed ; "and in special that mischief may not come unto children, which may occasion his own life to come npon triall." Two years after Keyzar asked leave to sell his land ; but the town in- formed him "that they did and do expect the condi- tions therein mentioned to be attended, or else the said John may leave the same to the town, with the buildings and improvements by him made thereon, to the town for public use."

The town records this year for the first time state that meetings were called by the "writ of the select- men, published and placed on file." The publication was by affixing a copy of the warrant to the door of the meeting-house, in which, of course, the meetings were held.

The Court empowered the selectmen, upon their petition, to " bind out young ones into sarviee "-pro- vided their indentures met the approval of "wor- shipful Major Saltonstall."

From the records of the County Court in 1673, 1674 and 1675, have been extracted the minutes of senten- ces imposed upon residents of Ilaverhill : Nathaniel Emerson was "admonished for being in company with Peter Cross and others, at Jonas Gregory's, and drinking of stolen wine." " Robert Swan was fined 20s. for being drunk and cursing." "Michael Emer- son was fined 58. for his eruel and excessive beating of his daughter with a flayle swingel, and kieking of her." We may be sure no punishment would have been imposed upon a father for beating his child un- less the correction had been "eruel and excessive." Parental authority was jealously upheld. This daughter was Elizabeth Emerson, who lived to inenr the extreme penalty of the law for erime. " Two daughters of Hannah Bosworth were fined ten shil- lings each for wearing 'silk." Daniel Ela was fined ten shillings for profanity, and two shillings more for his " reviling speeches."

In 1675 Haverhill was rated twenty-fifth of the for- ty-nine towns of the colony. That year the time of holding the town meeting was changed to the last Tuesday in February.

At that meeting Michael Emerson was chosen to "view and seal all leather in the town." Iu 1677

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HAVERHILL.

Emerson " complained," probably because the duties were burdensome or disagreeable, and Andrew Greely was "joined with him."

The next year, Feb. 27, 1676, William Thompson asked to be " accepted a townsman, to dwell here and follow his trade of shoemaking," but the town refused to have him " by a clear and full vote." In 1677 Peter Patie, a married man whom the town had " hitherto accounted of as a journeyman shoemaker," " making a motion to the town to grant him a piece of land to settle upon," his motion according to law was rejected. The moderator also declared to him "that it was the duty of the Grand Jurymen to look after him."

Patie was probably an irresponsible person. In 1680 he was presented to the Court for being absent from his wife for several years, and in the following year he was presented for having another wife in Virginia. Nevertheless, Peter "stuck." Novem- ber 8, 1682, Peter Patre married Sarah Gile and had eight children by her. This is supposed to be the same as Peter Patie. In 1694 he was chosen constable by a " plentiful, clear and legal paper vote." As late as 1710 he was the regular ferry-man at "Patie's Ferry."

Notwithstanding this cold welcome to shoemakers, others soon applied. At the annual meeting in 1679, " upon the request of Benjamin Webster and Samuel Parker, two young men and shoemakers, that the toune would give them libertie to live in this toune to follow the trade, having hired a honse to that end ; the toune by their vote doe grant their motion and accept of them so as to live in toune and follow the trade of shoemaking."

Daniel Ela, who in 1677 had been licensed to keep an ordinary for one year, but had been unable to avail himself of the privilege on account of the small-pox in his family, had liberty from the Court to sell " Wine, Beer, Cyder and provisions to horse and man, or travilers in Haverhill."

The town voted in 1679 to choose a committee to look after the accounts of the selectmen for the pre- ceding year ; also, that a committee should be cho- sen for that purpose every year thereafter.

From the records of the General Court for 1680, it appears that Haverhill, with twenty-one other towns, had failed to pay a subscription in aid of Harvard Col- Jege-either that made as far back as 1652 or some other later. The Court ordered the selectmen of the delin- quent towns to inquire into the affair and report, under a penalty of twenty pounds. Nothing more appear- ing about it, the long delayed subscription was prob- ably paid.

Pastor Ward, having lost his wife March 24, 1680, probably gave intimation of his desire to be relieved in part from ministerial care. The record says : "At a town meeting Dec. 22, 1680, held after lecture, Nath'1. Saltonstall, Lieut. Broune, Tho. Whittier, Wm. White and Dan'l Ela were chosen a committee

' to look out for and agree with and obtain forthwith and procure upon the best terms they can get, some meet and able person to be a present help and assist- ant to Mr. Ward, our minister, now in his old age, in the work of the ministry in preaching.'"

From the beginning it had been the custom to have a weekly lecture,-in most towns on Thursday, but in Haverhill from an early date, on Friday. The services commenced abont 11 A. M. About 1750 the weekly were superseded by monthly lectures.

The committee thus chosen were also instructed " to look ont a place for a convenient situation for a minister," and "to agree with anyone upon purchase or exchange of land, or if they meet not with a bar- gain to their mind, then to set out such of the town's common land as they shall judge most convenient for a place for the ministry."

June 24, 1681, the committee reported that not finding any suitable place on purchase or exchange, John Haseltine, Senior had "given two acres to the town for the perpetual use of the ministry," and that they had laid out a piece adjoining it for the same purpose. Their doings were approved, and the land was granted for that purpose "forever." This land was situated north of the present Winter Street, and between Little River and the common. The gift was apparently the first private donation in this town for public uses.

The committee reported that they had not been able to get a new minister, wherenpon another com- mittee was chosen in their place, with instructions to do so, "they taking the advice of Mr. Ward, our present aged minister." Josiah Gage was agreed with, to build a house for the new minister.

All these movements came to nothing for the pres- ent. Josiah Gage did not build the house, and in 1682, a committee was chosen to find somebody else to do it. At a special meeting April 4th, a committee was appointed " to treat with Samuel Dalton or John Stockbridge for either of their houses which they have of late erected in town," for the use of the new minister. In this movement towards novelties, a new meeting-house began to be talked about. At the June meeting of the previous year, a proposition to take action was voted down, says the recorder, "by the additional and willful votes of many prohibited by law from voting." The gallery vote for women was probably a compromise between the parties. The subject again came up in March, 1682, but without result.

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History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 229

Author: Hurd, D. Hamilton (Duane Hamilton) ed Publication date: 1888 Publisher: Philadelphia, J. W. Lewis & Co. Number of Pages: 1672

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1888
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1672