USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 11
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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. somer 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 Selectmen 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 Selectmen held April 28, 1666
It was ordered that all swyne that are taken upon any of the cow comons shalbee sufficiently Ringed upon penalty of twelve pence a head to any freeholder that shall 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, 1667-8, the above order was again adopted, with *Town of Newbury Records, vol. i.
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THE SETTLEMENT AT MERRIMACK RIVER
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 pr 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 pr 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 [ ] 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.
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HISTORY OF NEWBURY
April 27, 1670, the selectmen ordered
All dry cattle to be cleared out of the comons between this and the sixteenth of May next under penalty of two shillings a head to be levyed upon the owners of such cattell that shalbe found vpon the comons 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 shall come doune, and the farmers are to pay for their cattell as well as others whether they be drove up or not.
Also all horses & horse kind are to be cleared out of the comons by the twentieth of May ... except such horses as are in comon 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 Comons after the tenth Day of May above said, their own- ers shall 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 16th of May .*
April 19, 1677, the selectmen issued the following notice : -
Whereas there was an order published March 27, 1677 that all 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 Comons & 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 herdsman as much as they doe that are driven up to Artechoke And all Inhabitants are
* Town of Newbury Records, vol. i.
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hereby required to drive all their dry cattell up to Artechoke Comons And John Webster & Moses Little & Henry Somerby are appointed to cleare the Cow Comons & to im- pound all horses & horsekind 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, 1681-2, the selectmen agreed with him to begin the first day of May next to drive the cattle to the upper commons "for sixpence a head to be paid in Malt or Indian Corne"; and May 20, 1685, he was chosen "to keep the dry cattell in the upper Commons above the hedge, and to take care for ye 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 every score of sheep & twelve pence a head for every swyne to be paid to the constable for the
* Town of Newbury Records, vol. i.
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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 Smiths & 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.
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THE SETTLEMENT AT MERRIMACK RIVER
sheep belonging to the inhabitants of neighboring towns " shall not be allowed to feed on the commons but shall be removed forthwith."
March 14, 1681-2, the bounds and limits of the sheep pastures were defined as follows :-
All sheep shall be kept in that part of the comons 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 Sewalls and Jacob Toppanes are the frog pond flock and their range shall be the Aps swamp from James Smith to George Marches 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.t
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 wch sd 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 the great Black ash swamp & so up into the woods.
* Town of Newbury Records.
t Coffin's History of Newbury, p. 139.
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HISTORY OF NEWBURY
For the flock known by the name of Capt Peircess flock ye southerly bounds is bounded by the flock aforesd & ye northwest bounds as far as James Smiths on this side of the River & over the Mill River at Trotters Bridg 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 wch 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 Litlles on a Straight Line." *
DOCTOR HENRY GREENLAND.
March 31, 1663, John Emery was presented to the court at Ipswich " on suspicion of breaking ye 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 honrd 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 petitioner is That this honrd Court would be pleased to
* Town of Newbury Records.
t Court Files (Salem), vol. ix., leaf 13.
# Ipswich Court Records, vol. i., leaf 118.
THE SETTLEMENT AT MERRIMACK RIVER
141
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 shall 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
Abell 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
William Titcomb
John Poore, Sen
Richard Bartlet
William Morse
(And others whose names are illegible).
(28) 3. 63 The Magts have considered the grounds of this Petn & consent not to any revision of the Coun : Courts sentence.
THO. DANFORTH, pr., E. R. S.
Consented to by ye deputys provided they may have ye ten shillings agayne. WILLIAM TORREY, Clerk.
The Magists 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.
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HISTORY OF NEWBURY
i
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 from 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 Willian Thomas and Richard Dole in the ordinary kept by Stephen Swett in Newbury, for which they were fined five pounds each.t
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.#
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 named Robert Gardner, to whom
* Ipswich Court Records (at Salem), vol. i., leaf 115.
t Salem Court Files, vol. x., p. 38. Capt. Walter Barefoot was appointed deputy governor of the Province of New Hampshire in 1680, to attend to the clearing and entering of vessels at Portsmouth. Stephen Swett's ordinary was afterwards known as "the Blue Anchor Tavern." See " Ould Newbury," p. 176.
Among the Provincial Papers relating to the Province of New Hampshire are two deposi- tions, dated July 17 and July 24, 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 part 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 against him." New Hampshire Provincial Papers, vol. i., pp. 278, 279.
# Ipswich Deeds, book 1V., leaf 7.
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THE SETTLEMENT AT MERRIMACK RIVER
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 him and other members of the crew to seize the person of Mr. Richard Cutts, and carry him to Eng- land, " sayd 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 " ye IOth day 8mo 1671," ordered the marshall to levy on the " goods, chattels and land " owned by Capt. Walter Barefoot, " at Kittery Point over against ye great ysland," and also upon two thousand feet of pine boards owned by Dr. Greenland.t
December 10, 1671, 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 anchor neare ye great Island in ye River of Piscataqua." #
The following year Dr. Greenland was accused of disloyalty to the government 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. 283. 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 (229, 229) . # Ibid., vol. ü., p. 363 (243).
§ Massachusetts Colony Records, vol. iv., part 11., P. 555. Il Ibid., p. 557.
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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, Mary Fisher and Ann Austin, who arrived at Boston in July, 1656, bringing with them a considerable number of books advocating 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 wch 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. t
October 14, 1657, this law was amended, and a fine of forty shillings imposed upon any 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.
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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 liable to be severely whipped, to have their ears cut off, or their tongues bored through with hot irons .*
In 1659, Thomas Macy, 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.t
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 :
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