History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 230

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 230

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In June there was another meeting, " called at the request of Mr. Ward" "to see about a new minister." Ten pounds were raised to get one.

In July, the town let the "parsonage farm" to Daniel Bradley, for twenty-one years, Mr. Ward probably having given it up, on account of age and ill-health.

September 18th, there was still another meeting about a new minister. It was voted "to proffer Mr.

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

Jeremiah Cushing or some other meet person that may beagreed upon, £100 in eoru or provisions, be- sides the £60 proffered for annual salary during Mr. Ward's life," to be raised as a town rate and paid " part money, part wheat, part rye and part Indian Corn, all good, dry, sweet, clean and merchantable." The committee previously chosen was continued "to carry on designs with Mr. Cushing, whom the town hath had some experience of." Three weeks later, it was voted to buy of Samuel Simons his house and nine acres of land for the use of the ministry, for which they agree to give him "forty acres near Fishing River, and £30 in wheat, rye and corn." They also voted to give Mr. Cushing, in addition to previous offers, " four cow-common rights" and "twenty cords of wood at his honse annually."

In 1683, at the annual meeting, it was decided to send a messenger to get an answer from Mr. Cushing, unless he would " please to come and give ns a visit, that we may receive answer from himself." It was voted to raise one-half of the hundred pounds offered him, immediately ; also to bny "the house where Henry Palmer lived and died. for the use of the ministry forever." The price to be paid was twenty acres of land " towards Great Poud," said to be the first time that body of water is mentioned by name in the records. In June there was another meeting. It was called to consider Mr. Cushing's settlement, but all its time was engrossed about the proposition for a new meeting-hou-e. All favored the new meeting- house, but there was an irreconcilable difference of opinion about its location. In favor of building a new meeting-house upon the old site were Sergeant John Johnson, Mr. John Ward, minister, Nathan- iel Saltonstall, Lieutenant George Browne, William White, Thomas Whittier, John Whittier, Robert Emerson, Robert Clement, Jotham Hendrick, James Davis, Sr., Daniel Ela, John Page, Sr., and Samuel Shepherd, in all fifteen. Many of these, as we know, live on or near the present Water Street and in the vicinity of the old meeting-honse. The following "were against the settling of the meeting-house where the meeting-house now stands (forever) but that this meeting-house that now is may stand as long as is convenient : "Thomas Davis, Daniel Lad, sen. Sam1. Gild, Peter Ayer, Onesiph® Mash, sen. John Haseltine sen. Micha. Emerson, Geo. Corlis, Rob. Ford, Sam1. Simons, Tim. Ayers, John Robie, Sam1. Ilutchins, John Corlis, Sam1. Ayer, Thomas Duston, John Hartshorne, Thos. Ayer, Joseph Kingsberry, John Gild, Sam1. Kingsberry, Joseph Hutchins, Ste- phen Webster, Nath'. Haseltine, Tho. Hartshorne, Rob. Swan, sen., Willm Neff, Josiah Gage, Ezekl Lad, Rob' Swan, Jun., Philip Eastman, Henry Kemball, Joseph Johnson, Mat Harriman." Total, thirty-four.

And in this last list we find the names of those who, like Michael Emerson, had gone " back into the wood," such as the Ayers, Mash (Marsh) the Cor- lisses, Duston, Neff, etc., etc.

Mr. Cushing, so much desired, who probably had preached in Haverhill and pleased the people, did not accept their invitation. He afterwards became pastor of the church in Scituate.

October 27, 1683, another meeting was called about settling a minister. It was first voted to dismiss the former committee and next, to choose a new com- mittee "to procure a person to join with Mr. Ward in the work of the ministry at Haverhill." This com- mittee, the third upon the subject, was composed of Corporal Peter Ayer, Corporal Josiah Gage and Rob- ert Swan, Sr.

At the annual meeting in 1654, Daniel Ela and William Starlin made a "proffer to the town to sell their livings, honse and land, for a situation for a minister or the ministry," and a committee was chosen to treat with them "in the time of intermission, be- fore the afternoon" and report. On their report, the town declined Ela's offer as "too difficult too comply with and perform," but decided to treat fur- ther with Starlin, through the committtee, who were to report at an adjourned meeting, next day. It was then voted to give him one hundred pounds for his house and land as follows : "Ten acres of land at the Fishing River, near to Robert Emerson's," conven- ient "for the setting up of a corn mill there," at three pounds per acre; and the remaining seventy pounds to be paid in merchantable corn, in two pay- ments, for which a rate was ordered.

Subsequently, (1686) Daniel Ela offered to sell his "housing and land by the meeting-house" to the town for a parsonage, and to take as part pay, the house and land previously purchased of William Starlin ; but, after long debate, the town declined to treat with him.

In 1682, for the first time, the moderator was chosen by " a paper vote," and it was determined that in the future the selectmen should be chosen in the same manner, " one at a time." This was the beginning of written ballots for town officers. In 1684, it was or- dered that in choosing selectmen, votes should be brought in " for five several distinct persons in one paper at one time, cut between the names, so that they may hang together ; and when all the papers so brought in are sorted, those five men that have the greatest number of votes, as it is usual in the public elections on nominations for the country, shall be the men who are chosen to serve for the selectmen for the year ensuing." But in 1687, this order was rescind- ed, and "the former ancient practice of putting in for but one person at a time ordered to be attended to." The other method was probably too complica- ted for the slenderly trained arithmeticians of that day.

When the selectmen of 1685 were chosen, it was found that a majority were not freemen, as the law required, and "without reflection or disrespect, Dan- iel Bradley was left out and Josiah Gage chosen in his room."

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There had been "a beaten way " before, but at this time, a highway was laid out ' from Amesbury meet- ing-house by Conntry Bridge to Haverhill." A high- way was also laid.out "above Spicket as far as Hav- erhill lands go in that direction." One had been previously laid out here, but, by disuse, it had be- come " uncertain."

At the annual meeting in 1683, Francis Wain- wright, a merchant of Ipswich, obtained leave for his son Simon to settle in town, and use timber to build him a house and a " Ware-house." Simon immediately came to Haverhill and was probably .the first trader in the town.

West Bridge, at Sawmill River, was so much dam- aged by floods this spring, that the town chose a committee to rebuild it.

Daniel Ela was fined forty shillings by the court for ill-treating his wife, and William White complained of him for cruelty to her again the next year.

In 1686, a committee, “ by virtue of an order from the Selectmen," reported that the following "had trespassed upon the Town's ways and common land by their fencing of them in :" Joseph Greelee, Jo- seph Peasley, Samuel Pearson, Samuel Shepherd, Daniel Ela, Edward Brumidge, Sergeant Johnson, Peter Patie, Lieutenant Browne or S. Ford, Benja- min Singletry, John Gild, Robert Swan, Stephen Davis, Daniel Hendrick, John Davis, Edward Clarke, Stephen Dow, Abraham Belknap, Thomas Davis, John Whittier. About this time, a rule was adopted that all petitions to the town should be in writing.

The town permitted swine to go unyoked if their owners would be responsible for damages.

In 1687, Joseph Peaslee being chosen constable by paper-votes (or written ballots, now first employed for other offices than moderator and selectmen ) "made his plea for freedom," i. e., asked to be released from that duty. Not being permitted to decline, he moved that a second constable be chosen "because the town was large and many lived remote, so that one man could not well do the work of warning meetings and gathering of rates alone." John Ayer, Jr., was ac- cordingly chosen second constable. They were per- mitted to divide their wards and work as they might agree. They could not agree at all, and the town released Ayer and left Peaslee to do all alone. Soon after, however, and for many years, two constables were regularly chosen.

The first mention of sheep is in I684, when "the Proprietors of the Great Plain, thinking to lay-down the said field for some years to be improved for a sheep-pasture," the town gave leave for them to fence it, choose officers, and make all necessary regulations for that purpose." In 1887 it was ordered :- "It being the interest and desire of the inhabitants, for the sake of back, belly and purse, to get into a stock, and a way to keep a stock of sheep, in which all en- deavours hitherto have been invalid and of no effect, for a further trial : The Selectmen have hereby power

granted them to call forth the inhabitants capable of labor, with suitable tools, and in suitable compan- ies, about Michaelmas, to elear some land at the town's end, sides, or skirts, as they in their discretion shall think meet to direct, to make it capable and fit for sheep with the less hazzard ; and he that is warned as above, and doth not accordingly come and attend the service, shall pay a fine of two shillings per day."

" With the less hazzard," shows that sheep were still in great peril from the wolves. Amesbury had repealed the forty shillings bounty for wolf-heads two years before.

But Coffin estimates that in 1685 there were over five thousand sheep in Newbury. Shepherds were employed and hurdles used in pastnring them. The commons of Haverhill were admirably adapted to sheep husbandry.

What the boundaries of Haverhill should be occu- pied the attention of its first settlers largely for many years. October 7, 1640, the General Court appointed a committee "to view the bounds between Colchester (Salisbury) and Mr. Warde's plantation." This was "to view." At the next Jnne court, a committee was appointed "to set out the bounds of Salisbury and Pentucket, alias Haverhill." In May, 1643, the Court granted the new town a parcel of meadow-land, "west of Haverhill about six miles." In 1647, the inhabitants having petitioned the General Court for a tract of land to enlarge the town, that body, in reply. expressed, in effect, an opinion that "four miles square or such a proportion, will accommodate a sufficient tract of land ;" and appointed a commit- tee to view the place and report. This was not at all what the petitioners wanted. The Indian deed gave them much more than this, and their desire was to be enlarged and not contracted in space. They wanted a great town. Nothing came, therefore, out of this application. The matter was dropped.

But in 1650 the General Court again appointed a committee to settle the bounds of Haverhill and Salis- hury ; and in December of that year 1laverhill ap- pointed a committee to meet a similar committee from Salisbury, "to agree with them, if they can, and to lay out the bounds between us." The town com- mittees were unable to agree, and at the May Session, 1651, the General Court appointed a new committee to lay out the bounds of Haverhill, which reported in October, and their report was confirmed. The order of confirmation recites the former determination to confine the town to four miles square, "or such a tract of land," and the late appointment of a com- mittee of four, "or any two of them, to lay out theire said boundes, which Joseph Jewett and William Wilder havinge done accordinge to the Courtes graunt, this Court (at the request of the inhabitants of Haverhill) doth confirm their said bounds, as they are now layd out by the persons above mentioned." The actual bonnds determined upon are not given. A

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

cursory inspection of this order would lead to the conclusion that the committee had set off a tract sub- stantially four miles square, in which the inhabitants had acquiesced. But we know the eager desire of the people for a great town exhibited long afterwards. Whence we cannot but come to the conclusion that the words, "or such a tract of land " really covered, in their estimation, a much larger quantity of land. At all events this definite settlement was very soon dis- turbed again. May, 1654, Haverhill sent in a new peti- tion about its bounds with Salisbury, stating that a. "great mistake" had been made in the prior running of the line, to the disadvantage of Haverhill. The committee appointed to investigate the matter reported in September that such a mistake had been made, as " we find acenolaged by both parties," and recom- mended that a new line should be run. The report was accepted in October. But this by no means ended the matter, which continued to be agitated un- til 1667, when the General Court made the following order: " As a final issue of all differences between the two towns of Haverhill and Salisbury Newtown, in reference to their bounds, the Court having heard what all parties could say therein, judge meet to con- firm the line which was run by the committee and the agreement of both towns, beginning at the rear of Holts Roeks, near Merrimack River's side, and run- ning up on the N. W. line, as they apprehended to Brandy Brow, and from thence to Darby Ilill, and so to a white pine about a mile further, marked H. S., and this is to be the dividing line between them."

One would have supposed Haverhill bounds were now pretty well settled ; but when in 1660, the Gen- eral Court granted Major General Dennison a tract of land "on the other side of Merrimack, about sixe miles above Andover," it was found that Haverhill elaimed the land as within the bounds of their town. Whereupon the court ordered " that the townsmen of Haverhill be required by warrant from the secretary to appear at the next sessions of this court, to show a reason why they have marked bound trees at so great a distance from their town up Merrimack River, and also to give an account of the bounds of their town, and upon what right they lay claim to so long a tract of land."

The town appointed James Davis and Theophilus Shatswell "to answer the warrant of the General Court concerning the bounds." Their compensation was fixed at "ten groats per day each," three shil- lings, four pence.

Davis and Shatswell attended to their commission ; but would appear to have failed in establishing the town's claims, were one to judge only from the follow- ing order of the General Court : "This Court having in October, 1660, granted Major General Dennison six hundred acres of land (formerly granted) to be layed out beyond Merrymack River, a litte above okl Will's planting ground, which land was then elaymed by the towne of llaverhill, as within their bounds, for

which they, by their atturnays, sumoned to appeare at that court did alleadg severall pleas, which the court then judged invalid, and notwithstanding the same, they then graunted the six hundred acres, provided it were not within seaven miles of Haverhill meeting- house, which sayd sixe hundred acres being since laid out, as above exprest by George Abbot and Thomas Chandler, and returned to this court, is allowed and confirmed." That is to say, the elaims of Haverhill were disallowed and the Dennison grant, not being within seven miles of Haverhill meeting- house, was confirmed. It will be remembered that, in Indian deed, Little River was the point of departure, and the grant was to extend eight miles westward from that stream. But the General Court now es- tablished the meeting-house as the point of departure, which was three-quarters of a mile east of Little River. This was then an apparent eurtailment of the tract granted in the Indian deed of one mile and three-quarters. But the end was not yet. In the General Court records for October, 1664, is found the following order : " For an issue in the case in differ- ence between Major Generall Dennison and the towne of Haverhill, relating to their bounds, the Court judgeth it meete to confirm the bounds of Haverhill, not extending upon the river above eight miles from their meeting-house, and doe confirm unto Major Generall Dennison his farm as it is now laid out." Another mile is now granted to Haverhill, not- withstanding the recent firmness of the General Court, and the western bound of the town was now within three-quarters of a mile of the apparent ex- treme limit established by the Indian deed. It is probable that the Dennison grant, when laid out was found to leave room for this extension, and the General Court yielded to the importunity or diplo- macy of Haverhill representatives.

But the town had in fact already granted lots to some of its inhabitants still further west, and when the Dennison grant was laid out, it was obliged to give land in place of them elsewhere.

The bounds appear to have been as unsettled as if nothing had ever been done about them; and at the May session of 1666, the court appointed a new com- mittee of three "to run the bounds of the town of Haverhill and make return thereof to the next ses- sion of the court." The report was made at May ses- sion, 1667, by a single member of the committee, John Parker, of Billerica, and is as follows:

" In obedience to an order of the honored Generall Court, dated the 23d of May, 1666, Thomas Noyes, of Sudbury, Lieftenant Challice, of Salisbury, Newtowne, Jobn Parker, of Billirikey, did meete at Haver- hill the 31st day of October, 1666, to runn the bounds of Haverhill, according to order committed unto us. Wee began at the meeting-honse and runne a due west line just eight miles ; there wee reared np a heape of stones, and from thence runn a due south lyne to Merrymacke River, and stated a due north lyne from the suyd heape of stones to meet with and close the line northwest from the bound at Merrimack River that divides between Haverhill and Salisbury, which bound is just two miles and fower-score poles from Haverhill meeling house, which lyeth about east north-east, and there we cease our worke at that time for want of

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the order wherein that lyne was prefixt betwene Salisbury and Haverhill from the sayd bounds at llolt's Rocks; then the sayd committee did appointe to meete again to finish the work about the bounds upon the first second day of May next following. This worke was donne by Thomas Noyse, deceased, and refused to be subscribed unto by Lieften- ant Challice, being left alone to make his returne to the honord Court by him who is your servant wherein you shall command.

JOHN PARKER. "

The General Court approved of this report, as fol- lows: "The Court doe approove of this returne of the bounds of Haverhill, so farr as the same was stated by Ensigu Noyse and the rest of the Commit- tee appointed thereunto before the death of Ensigne Noyse; but as for the bounds between Haverhill and Salisbury New toune, it is settled as this Court hath determined this session."

The order of the General Court, under which this committee acted, is couched in the following lan- guage: "not extending upon the river above eight miles from their meeting-house." It has been said that, under the Indian deed, Little River was the line from which to measure the extent of the grant, and a fair construction would probably have found the western bounds by following the river. The General Court substituted the meeting-house for Little River, and ordered their committee to run out the eight miles upon the river. The committee did nothing of the sort. They ran a line due west from the meeting-house, and, marking the point thus found with "a heape of stones," they ran a line from it due south to the Merrimac, and started a line due north from the heap of stones to meet the line be- tween Haverhill and Salisbury, running northwest from Holt's Rocks. They appear also to have meas- ured the distance between the meeting-house and Holt's Roeks, finding it "just two miles and fower- teen seore poles" east-northeast, or two miles, four thousand six hundred and twenty feet in a straight line.

The reading of their order by the committee gave the town a much larger area than it would have ob- tained by following the sinuous course of the river. A difference was made of at least four miles upon the river, and Haverhill got a tract of land equal to about four miles by twelve, more than the General Court meant to give them, and more than they could have got by the most liberal construction of the Indian deed. They had their own way at last; they had a great town. Cousequently we hear of no more complaint about the bounds, except that the commit- tee, having only "started" the line north from the heap of stones, eight miles due west of the meeting- house, had not run it out to meet and close the line, running northwest from Holt's Roeks. Accordingly, in 1674, the town directed the seleetmen to attend to the matter immediately. The selectmen employed Jonathan Danforth, a well-known surveyor, to finish the work begun in 1667. His report, made to the General Court, at its May session, 1675, is as fol- low's :

"At the request of the Selectmen of Haverill the bounds of the said towne were perfected as followeth : from Hoult's rocks wee ran due northwest, according to the compasse, not allowing any variations, allowing Amesbury their full and just bounds, as hath been determined by the honoured Generall Court: all the other lynes on the west side of tbe plantation wee ran from Merremack River due porth untill it ent with the first lyne, where wee erected a great pillar of stones : this last lyne was sett ont and begun to run by Ensigne Noyes and Sargant John Parker at eight miles distance from llaverill meeting-house, upou a due west lyne, which is according to the grant of the Generall Court : the running lynes on both sides of the plantation were well buunded by markt trees and heaps of stones. Layed out by

JONATHAN DANFORTH. Surveyor.11

The General Court approved of this return. And thus the bounds of Haverhill Town were perfected. As thus defined it was nearly a great triangle, with its base upon the river. The length of the northeast angle was about fifteen miles ; of the west line rather more; and an air-line from Holt's Rocks to the south- west corner would have been also about fifteen miles. "If we start," says Chase, "from the site of the first meeting-house (in the old burying-ground), and run a line due west eight miles, it will bring us to a point about four miles northwest of Methuen Village. A line due south from this point will pass a little over two miles to the west of the village and strike the Merri- mae River, about three and a half miles above the upper bridge at Lawrence, and within about one and a half miles of the present southwest corner of Methuen. This last-named line was the old western bound of Haverhill, as confirmed in 1667 (and 1675), and continued till 1725," when Methuen was set off from it principally.

The town then included the largest part of Methuen (and Lawrence), a large part of Salem, Paistow and Hampstead, N. H., and all of Atkinson.

A learned lawyer, writing of the principle on which these colonies were founded, has said that it required, while the inhabitants of a town "should remain a part of the whole, and be subject to the general voice in relation to all matters which concerned the whole colony, they should be allowed to be what their sepa- rate settlements had made them: namely, distinct communities in regard to such affairs as concerned none but themselves." As early as March, 1635-36, the General Court had declared that "particular towns have many things which concern only them- selves and the ordering of their own affairs, and dis- posing of business in their own town." Therefore they were permitted "to dispose of their own lands aud woods, with all the privileges and appurtenanees of the said towns, to grant lots, and to make such orders as may concern the well-ordering of their own towns, not repugnant to the laws and orders here established by the General Court; as also to lay mulets and penalties for the breach of these orders, and to levy and distrain the same, not exceeding the sum of twenty shillings; also to choose their own particular officers, as constables, surveyors for the highways, and the like." These powers and others subsequently granted to the towns by the General

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Court, we have now seen exercised by the inhabitants of the youthinl plantation of llaverhill. The bounds had been settled after long effort ; the lands had been granted, farms established, records orderly kept, the church gathered and the meeting-house erected, schools established, comfort secured, their own vine and fig-tree planted, whereunder every man could sit. The town was bnilded, after the slow, substantial New England pattern.

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History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. II, Part 230

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