USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 10
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Ipswich Court March 30, 1647, Aquilla Chase & his wife & David Wheeler being presented at the last court for gathering pease on the Lord's day. Summons sent to Hampton. The constables return states they were not at Hampton but were gone to Newberry .*
Another summons was served upon them at Newbury. They appeared at the next session of the court, held March 28, 1648, and were "admonished and discharged after the pay- ment of fees and costs of court." }
March 28, 1648, the town of Newbury was presented " for want of a convenient safe way from the new town to the ferry side." " Witnesses Tristram Coffin of Newbury and John Stevens of Salisbury." And at the same court the town was also presented " for want of a bridge over the falls river in the way betwixt Newbury and Andover."
At the court held in Ipswich, November 13, 1649, John Bartlet, constable of Newbury, was presented for not providing weights and measures for the use of the inhabitants of the town. §
May 23, 1650, the General Court ordered that " John Bart- let, the constable of Newbery, beinge vnder a fine of forty shil- lings for not p'vidinge weights & measures according to law, vppon a petition p'fred to this Court, hath his fine remitted : the Court havinge received satisfactory information that he did his vttmost endeauour to p'cure the same." ||
November 13, 1649, the town of Newbury was presented at the Ipswich court for want of a pound.
* County Court Records, 1645 to 1663, "Ipswich," vol. i., leaf 8.
t Ipswich Court Records, vol. i., leaf 12.
# Court Files (Salem), vol. i., leaf 97.
§ Ipswich Court Records, vol. i., p. 18.
Il Massachusetts Colony Records, vol. iii., p. 194.
Ipswich Court Records, vol. i., p. 18.
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HISTORY OF NEWBURY
March 26, 1650, John Perrye, of Newbury, for abu 've car- riage to his wife and child, was ordered to give bonds for his good behavior and "to sit one hour in the stocks at New- bury." *
On the same day (March 26, 1650) Anthony Morse, of Newbury, was fined £5 " for digging a pit & not filling it up whereby a child was drowned." t
Dr. William Snelling was presented for denouncing his enemies with intemperate zeal. His friends William Thomas and Thomas Milward signed and filed with the clerk of the court the following statement : -
This is to certify whom it may concern that we, the subscribers, being called upon to testify against Mr William Snelling for words by him uttered, affirm that being in way of merry discourse, a health being drunk to all friends, he answered
I'll pledge my friends And for my foes A plague for their heels And a poxe for their toes.
Since when he hath affirmed that he only intended the proverb used in the west country, nor do we believe lie intended otherwise.#
Affixed to this statement was the following acknowledg- ment : -
March 12, 1651-2, all which I acknowledge and I am sorry I did not express my intent, or that I was so weak as to use so foolish a proverb. GUILIELMUS SNELLING.
Notwithstanding this humble apology it appears from the court records that on the thirtieth day of March, 1652, " Mr William Snelling upon his presentment for cursing is fined IOS and fees of court." §
"September 27, 1653, the wife of Nicholas Noyes being presented for wearing a silk hood and scarf, upon proof that her husband is worth above two hundred pounds is cleared of her presentment."
The wife of Hugh March and the wife of Richard Knight
* Ipswich Court Records, vol. i., p. 20. t Ibid., vol. i., leaf 20.
# Court Files (Salem), vol. ii., leaf 28.
§ Ipswich Court Records, vol. i., leaf 28.
123
THE SETTLEMENT AT MERRIMACK RIVER
were charged with the same offence, but were discharged on proof that their husbands were worth two hundred pounds each .*
The wife of John Hutchins was discharged " upon testi- mony of her being brought up above the ordinary ranke." *
At the same court the wife of Joseph Swett and the wife of William Chandler were convicted and fined ten shillings "for wearing a silk hood and scarfe." *
The law under which these presentments were made was enacted October 14, 1651. It provided that " men of meane condition " should not take upon themselves "the garbe of gentlemen by wearing gold or silver lace or buttons"; and women of the same rank were forbidden "to weare silke or tiffany hoodes or scarfes" unless they or their husbands pos- sessed an estate of at least two hundred pounds, under a penalty of ten shillings for each offence. j
In September, 1653, "Tristram Coffin and ux [Dionis] presented for selling beer at 3ª a quart." " Upon the testimony of Samuel Moores that she put six bushels of malt into the hogshead she was discharged."# The law regulating the sale of beer provided that "all such as put beere to sale shall be able to prove that they put into every hogshead of beere that they sell for three pence the quart into the brewing thereof six bushells of good barley mault, & into every hogs- head of beere sould at two pence the quart fower bushells of mault ; & into every hogshead of beere sould at a penny a quart, two bushells of like good mault & so proportionably in greater or smaller quantities." Whosoever failed to comply with the provisions of this law should "forfeite for the first offence forty shillings & for the second offence shall forfeite theire licence." §
March 28, 1654, the town of Newbury was presented "for defects in a country highway near goodman Adams his farm." ||
"September 1654 John Emery senior was chosen to
. Ipswich Court Records, vol. i., leaf 34.
t Massachusetts Colony Records, vol. iv., part I., p. 61.
# Ipswich Court Records, vol. i., p. 36.
§ Massachusetts Colony Records, vol. iii., p. 241.
#/ Court Files (Salem), vol. ii., leaf 130.
124
HISTORY OF NEWBURY
answer at the next court at Ipswich concerninge the p'sent- ment about the waye to Andover." * At a session of the court held at Ipswich September 26, 1654, the town of New- bury was "ordered to repair the highway by next court or pay forty shillings." t
" May 6, 1658 Newbury upon their presentment for want of a latin scoole is to pay five pounds to Ipswich lattin Scool, unles they by the nexte Court provyde a lattin scoole master according to law." #
March 31, 1663, the grand jury, sitting at Ipswich, indicted " Lydia Wardwell the wife of Eliakim Wardwell for coming naked into ye meeting house of Newbury."§ May 5, 1663, she was sentenced "to be severely whipt and to pay costs & fees to the Marshall of Hampton for bringing her."||
At the same court, May 5, 1663, " Elizabeth Webster for taking a false oath was sentenced to stand at the meeting house dore at Newbury, the next 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, the constable to see it done : or else to pay a fine of five pounds and to be disabled from taking an oath, and pay costs and fees. She made choise to stand at the doore," etc. ||
WOLVES, BLACKBIRDS, AND CROWS.
May 15, 1645, the General Court ordered
Yt any p'son, eithr English or Indian, that shall kill any wolfe or wolues wthin ten miles of any plantation in ys jurisdiction, shall have for every wolfe by him or ym so kiled 10 shs to be paid out of ye treasury of ye country. T
At a general meeting of the Towne [of Newbury] April 27th 1648 Ther was granted to Thomas Marvyn two acres of land lying neer to the new pond on the back side of Mr. Noyes house lott at the new Towne for encouragement to him to kill woolves. **
* Town of Newbury Records, vol. i. # Ibid., vol. i., leaf 68.
t Ipswich Court Records, vol. i., leaf 47.
§ Court Files (Salem), vol. ix., leaf 13.
Il Ipswich Court Records, vol. i., leaf 117.
Massachusetts Colony Records, vol. ii , page 103.
** Newbury (Proprietors') Records, vol. i., page 40. The land granted Thomas Marvyn was on the southwesterly side of South (now Parker) street, near the " training green."
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THE SETTLEMENT AT MERRIMACK RIVER
March 6, 1664-5 It was ordered that those wolves that hath bin killed since the six wolves order hath bin out, those that hath killed them shall have forty shillings for euery wolfe for those that is past, and also such as shall kill wolves for the time to come shall have forty shillings for euery wolfe to be paid out of the next Towne Rate after they shalbe killed provided that due proof be made that they be killed within the limitts of the Towne .*
January 24, 1682-3, the freeholders and other inhabitants of the town voted
That whereas there was an order made and voted at a Generall meet- ing of the Towne March 13, 1680-1 that gave to such persons as should kill wolves in the bounds of Newbury to have twenty shillings for every old wolfe and ten shillings for every young wolfe to be paid out of the Town rate, and it was not found in the town books, the Town did confirm that order and gave order it should be recorded for it was endorsed by John Ordway and many others .*
March 9, 1702-3 voted to pay four pounds to those who killed two wolves at the Ipswich end of Plum Island .*
September 1, 1714 voted to pay forty shillings for every wolfe killed within the limits of the town .*
May 3, 1715 voted to give five pounds per head for every grown wolfe which shall be killed within the town of Newbury .*
March 13, 1721-22 It was voted that ye selectmen shall pay to Mark Moers & his brother Jonathan Moers twenty shillings equally between them for a gratification for killing a wolfe in Bradford this last winter .*
At the annual meeting, held March 16, 1724-5, the town voted to pay Thomas Bartlet and Seth Bartlet the sum of fifteen shillings for killing a wolf in Merrimack river; and as late as February 23, 1741-2, the selectmen paid George Thurlow five pounds for killing "a woolf & wild cat." *
In 1779, Moses Adams killed a wolf in Newbury. Since that date none have been seen within the limits of the town. t
As a protection against loss and damage to the growing crops of wheat and corn, the inhabitants of Newbury, at a meeting held Dec. 19, 1650, ordered "that what soeuer Inhabitants of this towne shall kill blacke birds, jays, wood- peckers or crowes shalbe paid by the constable out of the
* Town of Newbury Records.
t Coffin's History of Newbury, p. 256.
I26
HISTORY OF NEWBURY
towne rate for euery dozen of blacke birds one shilling, and for euery dozen of woodpeckers and jays heads so brought to the constable or townsmen two shillings, and for euery dozen of crowes three shillings and so proportionable for any less number." *
WOOD AND TIMBER.
The cutting and removing of wood and timber, from land owned by the freeholders in common, was carefully guarded and regulated by the early settlers of the town. They adopted strong and vigorous measures for the protection and preservation of forest trees. As early as 1638, when the settlement at Parker river was less than three years old, they publicly declared : "The Trees before Richard Knights house are reserved for the Towns use and so in all the streets of the Towne & none is to cutt them downe on the penalty of ten shillings forfeiture to the Towne." t
When arrangements were being made for the removal of the inhabitants from Parker river to the "new town" on Merrimack river, the freeholders ordered that a fine of two shillings and sixpence should be imposed upon any person cutting or removing a tree without permission, and providing further that all trees cut down, within the limits of the pro- posed new town, previous to Jan. 1I, 1643-4, "shall lye & remayne on the ground till the person be known to whom the land belongs that so paying for the labour he may have them to serve his occasions."
March 3, 1668-9, the selectmen ordered that all pipe staves, or barrel staves, found upon the commons, or at the river side, " shall be seized and sold, and no one, not an in- habitant of the town, shall be allowed to employ any person to cut or draw timber upon the commons under penalty of forfeiting all the timber so cut."
Evasions of this order were so frequent and annoying that the freeholders declared October 18, 1670, " that sundry orders have been made for the preservation of the Towns Timber as
*Town of Newbury Records, vol. i.
t Newbury (Proprietors') Records, p. 35.
.
127
THE SETTLEMENT AT MERRIMACK RIVER
by order of Sept. 18, 1649 and other wise may appeare," and many trees have recently been cut into boards, plank, pipe staves, and fence rails without permission. The selectmen are therefore directed to impose a fine of twenty shillings on any person aiding or assisting in loading or transporting these materials beyond the limits of the town "on a raft, boat, or canoe."
All dwelling-houses or cottages erected in Newbury after October 12, 1670, contrary to the law passed by the General Court, May 30, 1660, were liable to be condemned and con- fiscated, " unless the same have been or shall hereafter be accepted by the freeholders."* The owners or builders of such houses were not allowed to use the common or undivided land for the pasturage of cows, horses, or sheep ; nor were they allowed to cut or remove any timber or wood, under penalty of twenty shillings for every load so cut or conveyed away.
" May 22, 1671, the town granted Mr. John Lowle liberty to cut out of the dead timber on the commons, so much as will · serve to build him a house; the timber to be taken from the point of land above Holt's rocks." +
At a general meeting of the inhabitants of the town held March 3, 1672-3, the following order was adopted :-
. no person Shall fell, girdle, Lopp or in any way deface any tree standing upon the training place or the grounds appointed for that use on penalty of five pounds for every tree so felled, girdled, Lopped or defaced.#
The selectmen were authorized and instructed to see that the rules and regulations adopted for the preservation of useful and ornamental trees were strictly and impartially enforced. July 5, 1673, they ordered the following vote to be recorded : " That whereas John Webster & Peter Toppan is complained of for cutting Downe trees in the Land that
* Massachusetts Colony Records, vol. iv., part 1., p. 417. " Itt is ordered that hereafter no cottage or dwelling place shalbee admitted to the privelege of commonage for wood, timber & herbage or any other of the priviledges that lye in comon in any towne or peculyar, but such as already are in being or hereafter shalbee erected.by the consent of the towne."
t Town of Newbury Records (Coffin's copy).
# Town of Newbury Records.
I28
HISTORY OF NEWBURY
is called the burying place, we the selectmen do order that Richard Dole & Samuel Plumer shall levy ten shillings upon John Webster & five shillings upon Peter Tappan for cutting downe the trees without order & John Webster for cutting downe a tree upon the hyway." *
March 5, 1676-7, the freeholders voted : "That such per- sons that shall fell downe & make use of Timber of the Towns Comons for the building of ships or vessels shall from henceforth, from time to time, have liberty from the Select- men and shall pay for the Townes use two shillings a tun according to the burden of the vessel and if any shall take timber out of the Townes Comons without leave as above said shall pay foure shillings a Tun to the Townes use to be levyed by ye constable." *
" October 12, 1681, Lt Steven Greenleaf proposed for a parcell of timber to make plank for a vessell & engaged to pay to the Townes use by the tun according to the Towne order." *
The selectmen granted the petition of Mr. Greenleaf, and March 3, 1681-2, appointed Thomas Hale, jr., and Joseph . Plumer " to search out any p'son or p'sons that have cut downe any of the townes timber in the upper comons & bring in their names to the Selectmen between this & the next Generall town meeting." *
" March 9, 1685-6 Job Pilsbery petitioned the towne that a white oak tree standing on the highway against his fathers barne might not be cut downe but yt he might have liberty to preserve ye same." "The town granted his petition." *
At a meeting of the freeholders held March 9, 1685-6, it was voted : "The Towne being sensable of a great deale of Damage yt may happen to ye Towne by persons cutting trees in the Towns comons and high wayes contrary to Towne order. The Towne do therefore Appoynt and Authorize Joseph Pike of Newbury to prosecute all such person or per- sons that have transgressed any such order." * The appoint- ment to remain in force until revoked.
In the month of April following "Constable Moses Pils-
*Town of Newbury Records.
1
129
THE SETTLEMENT AT MERRIMACK RIVER
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, 1695, 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, 1716-7, 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 born 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 two centuries. At an auction sale, April 6, 1875, it was purchased by Robert A. Smith, Joseph W. Bartlett and others.t
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. cmxxx., p. 274, and vol. cmxxxiv., p. 217.
OAK TREE IN "THE GERRISH PASTURE."
131
THE SETTLEMENT AT MERRIMACK RIVER
-
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, 1681-2, 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 ye 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 1 [1637-8], the freeholders ordered " that Jnº: 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." +
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 208. 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 16th of March, 8 months thence till the 16th of November, & that he shall have 18 pounds for his labor, wch is to be payd 40 bushells of corne at 48 6d the bushell, three months after harvest; & nine pounds in money whereof [ ] is to be payd presently & 41b the first of July, & the rest at the end of the terme 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 satisfying 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."
In compliance with this vote the cow common, the ox com- 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.
133
THE SETTLEMENT AT MERRIMACK RIVER
the freeholders in proportion to the number 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 man- 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, wch, 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 commons.
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 pr head to any p'son or p'sons that shall impound them & also the same penalty of 2$ 6ª pr head if they be impounded out of any en- closure or propriety being sufficiently fenced." *
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