USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 16
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191
THE SETTLEMENT AT MERRIMACK RIVER
His father, Henry Sewall, came to Newbury in 1635. In 1646 or soon after, Henry Sewall and his wife Jane (Dum- mer) Sewall returned to England, where they remained for several years. In 1659, Henry Sewall came again to New- bury, and two years later his wife and children followed him.
Samuel, the eldest son of Henry and Jane (Dummer) Sewall, was born at Bishop Stoke, Hampshire, England, and came with his mother to Newbury in 1661. He was fitted for college by Rev. Thomas Parker, and graduated from Har- vard in 1671. He married, February 25, 1675-6, Hannah, daughter and sole heir of John Hull, goldsmith and master of the mint at Boston. He was a member of the governor's coun- cil, under the colonial and provincial charters, for nearly forty years, and for ten years chief-justice of the province of Mas- sachusetts Bay .*
In his diary, which is an interesting and valuable con- tribution to the history of New England, he recorded with great care and fidelity the events and incidents that came to his notice, and did not neglect to mention the visits made and the advice given to relatives and friends in Newbury. In a book that he published in 1697, entitled "The New Heaven upon the New Earth," t he gave expression to his hopes and fears in words that Whittier has incorporated and immortalized in "The Prophecy of Samuel Sewall."
It is remarkable that Mr. [Thomas] Parker, who was a successfull schoolmaster at Newbury in Berkshire in the happy days of Dr. [Wil- liam] Twisse ; was much about this time [1634] preaching and proving at Ipswich, in Essex, [Mass.] That the Passengers came over upon good Grounds, and that God would multiply them as He did the Children of Israel. His text was Exod: 1, 7. [And the Children of Israel were fruitful and increased abundantly, and multiplied and waxed exceeding mighty : and the land was filled with them.] As Mr. Nicholas Noyes who was an Auditor, and is yet living, lately informed me, Mr. Parker was at this time, 1634, principally concerned in beginning Newbury
*"Ould Newbury," pp. 245-259.
t " Phenomena quedam Apocalyptica ad Aspectum Novi Orbis Configurata. Or, some few Lines towards a description of the New Heaven as It makes to those who stand upon the New Earth." First edition (Boston), 1697, pp. 59, 60. Second edition, 1727. (Both editions in Boston Public Library.)
Phenomena q uædam
APOCALYPTICA
Ad Afpertum NOVI ORBIS configurata. Or, fome few Lines towards a defcription of the New
HEAVEN
As It makes to thofe who ftand upon the
NEW EARTH
By Samuel Sewall fometime Fellow of Harvard Colledge at Cambridge in New-England.
Plalm, 45. 10, Forget alfo thy own people, and thy fathers boufe. Hai 11 14. But they Shall fly upon the Shoulders of the Philifting toward the west. A&t. 1. 6 --- 8 Lord, wilt thou at this time reftore again the kingdom to Ifrael? ..... je fkall be witnefes unto me unto the uttermost parts of the earth; hafta lo ultimo de la tierra. Spanifh Bible.
Luke, 15 24 For this My Son was dead, and is alive again ; he was loft, and is found. V 32. For this thy Brother &c.
IDe fron deerit Promiffis; reftiquet Regnum Ifraeli; fed fuo modo, loco, ac tempore. Bul'inger Noquis ifta a me dieta, aut adducta accipiar, quali con- tendendi, aut adverfandi ftudio ; ac non difcendi potius, ac conferendi gratia Fux Med. Apoc p. 371. ad Phialam Sextam.
MASSACHUSET; BOSTON, Printed by Bartholomew Green, and John Allen. And are to be fold by Richard Wilkins, 1697
HE
TTS
193
THE SETTLEMENT AT MERRIMACK RIVER
where the Learned & Ingenious Mr Benjamin Woodbridge, Dr. Twisse's successor had part of his Education under his Uncle Parker. Mary Brown (now Godfrey) the First born of Newbury is yet alive,* and is become the Mother and Grandmother of many children. And so many have been born after her in the Town that they make three or four large Assemblies wherein God is solemnly worshipped every Sabbath,
As long as Plum Island shall faithfully keep the Commanded Post; Notwithstanding the hectoring words and hard Blows of the proud and boisterous Ocean ; As long as any Salmon, or Sturgeon shall swim in the streams of the Merrimack ; or any Perch or Pickeril in Crane Pond ; As long as the Sea Fowl shall know the Time of their Coming, and not neglect seasonably to visit the Places of their Acquaintance ; As long as any Cattel shall be fed with the Grass growing in the meadows, which do humbly bow themselves before Turkie Hill; As long as any Sheep shall walk upon Old Town Hills, and shall from thence pleasantly look down upon the River Parker, and the fruitful Marishes lying be- neath; As long as any free and harmless Doves shall find a White Oak or other Tree within the Township to perch, or feed, or build a careless Nest upon; and shall voluntarily present themselves to perform the office of Gleaners after Barley-Harvest ; As long as Nature shall not grow old and dote; but shall constantly remember to give the rows of Indian Corn their education by Pairs; So long shall Christians be born there ; and being first made meet, shall from thence be Translated to be made partakers of the Inheritance of the Saints in Light. Now, seeing the Inhabitants of Newbury, and of New England, upon the due Observ- ance of their Tenure, may expect that their Rich and gracious LORD will continue and confirm them in the Possession of these invaluable Privileges ; Let us have grace whereby we may serve God acceptably with Reverence and godly Fear. For our God is a consuming Fire. Hebrews 12: 28, 29.
* In 1697. She died April 14, 1716.
CHAPTER IV.
1685-1765.
IN 1679, New Hampshire was created a royal province, with John Cutts, Esq., of Portsmouth, as its first president. In 1680, Robert Mason, grandson of Capt. John Mason, came over from England to look after his estates. He claimed, under the grant made to his grandfather before the settle- ment of Massachusetts, all the land from Naumkeag (Salem) to the Merrimack river, and proceeded to give leases and demand rents for the occupation of the same, under a threat of seizure and sale.
February 16, 1681-2, the inhabitants of Gloucester and other places adjacent addressed a petition "To the Kings · most excellent Majesty," stating that for more than fifty years they and their predecessors had owned and occupied the land now claimed by Mr. Robert Mason, and had never, until now, been molested or disturbed in the possession of the same, and humbly imploring his Majesty to interpose his royal authority and protect his loyal and obedient subjects in the maintenance of their legal rights. The Newbury men who signed this petition were Caleb Moody, Daniel Pearce, Tristram Coffyn, Nicho : Noyce, Joseph Pike, Richard Dumer, Henry Sewall, Jno. Hale, and Jno. Woodbridge .*
At a meeting held at Whitehall July 20, 1683, the Privy Council of the king decided to issue a quo warranto against " the Governor and Company of the Massachusetts Bay," and ordered that " Mr. Edward Randolph be sent to New England with the notification of the said quo warranto." June 21, 1684, the Court of Chancery, to which the business had been transferred, made a decree vacating the charter.t Counsel for the colony moved for an arrest of proceedings on the
* Massachusetts Colony Records, vol. v., pp. 334-336.
t Palfrey's History of New England, vol. iii., p. 390.
195
THE SETTLEMENT AT MERRIMACK RIVER
ground that time had not been allowed for procuring a power of attorney between the issuing of the writ of scire facias and the day appointed for its return ; but the court ordered, October 23, 1684, final judgment to be entered, and the charter annulled .*
Charles II. died February 6, 1685. In December, 1686, Sir Edmund Andros became governor of all New England ; and Robert Mason was a member of his council.
Perplexed with doubt and anxiety, the inhabitants of New- bury, anxious to retain possession of the land that then, according to English law, reverted to the crown, evidently endeavored to establish and maintain friendly relations with . the new government.
Robert Mason on his way from Boston to Portsmouth often stopped in Newbury for consultation and conference with some of its most prominent citizens, and occasionally exerted his influence with the governor to secure appoint- ments for his friends in various positions of honor and trust, as the following letter indicates : -
GREAT ISLAND (Portsmouth), Aug. 13, 1687.
To his excellency Edmund Andros, Sir,
Your excellency may please to remember I proposed some persons as fitting to serve his majesty in the town of Newbury both in civil and military affairs. In my return to this place I had discourse with several persons, the most considerable of that town, that by want of justices of the peace, nothing hath been done at the meeting of those inhabitants for settling the rates and other concerns of the publick. Mr. Woodbridge, one of the justices is very ancient and crazy and seldom goes abroad. Mr. Dummers, the other justice, lives six miles from the place and therefore very unfit for that service for the town of Newbury, besides his other qualities in not being of the loyal party as he ought to be. I doe therefore intreat of your excellency, that in the commission of the peace my two friends, Daniel Pierce and Nathaniel Clarke may be put, which I assure myself will be for his majestys service and to your excellencys satisfaction.
There are no military commissions sent to that place and therefore I doe intreat your excellencys favor that commissions be sent these fol- lowing persons :
* Palfrey's History of New England, vol. iii., p. 394.
196
HISTORY OF NEWBURY
Daniel Davison to be Capt of Horse for the Town of Newbury and Rowley, Stephen Greenlif, Junior, Lieut., George March, Cornet.
Thomas Noice Capt of ffoot )
Stephen Greenlif, Sen. Lieut first company
James Noice, Ensign Nathaniel Clarke, Capt of ffoot
John March, Lieut second company
Moses Gerrish, Ensign
I shall desire your excellency that Mr. Davison may have his com- mission first for raising the troops there being many young men that will list themselves under him if not before listed by the Captain's ffoot. He is very well beloved and I presume will have the completest troops in the country.
I shall be extreem glad to heare of my good ladys safe arrival, which so soon as I shall understand, I will make a speedy journey to Boston to kiss her hand. I came last night to this place. I hope all things will go easy so that I may have no occasion of using the former severities of the law against my tenants. I had rather see them rich than poor. I humbly kiss your excellencys hands and am
Your excellencys servant,
ROBERT MASON.
In 1688, Robert Mason died suddenly at Kingston, on the Hudson river, while on a journey from New York to Albany. in company with Sir Edmund Andros.
After his decease his two sons, finding it difficult to estab- lish their claim to the disputed territory, and impossible to collect from the inhabitants anything by the way of rent, sold to Samuel Allen, a merchant of London, " All that Province or tract of land in New England in America commonly called New Hampshire, lying between the Rivers of Namekeke and Piscattaqua, and the ground & soil therein, and also the South half of ye Isles of Shoals."t
The charter of the province of Massachusetts Bay, granted by King William and Queen Mary October 7, 1691, pro- vided "that nothing herein conteyned shall extend or be understood or taken to impeach or prejudice any right title. Interest or demand which Samuel Allen of London, merchant, claiming from and under John Mason, Esq., deceased or any other person or persons, hath or have, or claimeth to have,
* Massachusetts Archives, vol. cxxvii., pp. 20 and 21.
t Memoir of Capt. John Mason, published by the Prince Society, 1887, P. 51.
197
THE SETTLEMENT AT MERRIMACK RIVER
hold or enjoy of, in to or out of any part or parts of the premises scituate within the limitts above menconed." *
The dividing line between Massachusetts and New Hamp- shire remained unsettled for many years. August 10, 1737, the legislatures of the two provinces met by adjournment, one at Salisbury, Mass., and the other at Hampton Falls, N.H. A cavalcade of mounted horsemen escorted Governor Belcher and the members of the Massachusetts legislature from Bos- ton to Newbury, another company accompanied them to the dividing line, and three additional companies led the proces- sion to Hampton Falls. The occasion was one of consider- able excitement, and the pomp and parade of the governor's escort was humorously described and mildly ridiculed in the following lines :-
" Dear Paddy, you ne'er did behold such a sight As yesterday morning was seen before night. You in all your born days saw, nor I didn't neither, So many fine horses and men ride together. At the head, the lower house trotted two in a row, Then all the higher house pranc'd after the low ; Then the Governor's coach gallop'd on like the wind, And the last that came foremost were troopers behind ; But I fear it means no good, to your neck nor mine; For they say 'tis to fix a right place for the line." t
The members of the two provincial legislatures were unable to agree upon the details of the plan submitted to them for the settlement of the questions in dispute, and adjourned, after several weeks of deliberation and discussion, without ac- complishing the object for which they assembled.
In 1740, the dividing line was fixed and established by the " King and the Lords of the Privy Council," but some ques- tions of importance in regard to the laying out and surveying of the same were left undecided until the close of the nine- teenth century.
In 1785, the heirs of Samuel Allen and the descendants of Robert Mason were contending in the courts of Massachusetts
* Province Laws, vol. i., p. 10.
t Belknap's History of New Hampshire, vol. ii., p. 139.
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TOWN
NEWBURY
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200
HISTORY OF NEWBURY
and New Hampshire for the land granted Capt. John Mason in 1622 .*
In 1899, the marks and bounds between the two states were adjusted and completed under the supervision of a board of commissioners, of which the Hon. George W. Cate, of Ames- bury, was a member.
January 5, 1686-7, the selectmen of Newbury presented the following petition : -
To Sr Edmond Andrewes, Knight Governor of his majesties posses- sions and Dominions in New England in America.
The Humble Petition of the Inhabitants of the Towne of Newbury in the County of Essex in New England sheweth :
Whereas our Sovereign Lord King James the Second of his most gracious favor hath been pleased to Send your Excelency to be Gover- nour over us in these his majesties Territories and Dominions in Amer- ica, and hath nominated sundry prticular Gentlemen of this Country to be your excelencys Honourable Councill for the right management of affairs for the ease and good of his subjects here, and there not being one of the sd Councill that doth inhabite neerer unto us than twenty miles, and this Towne wth the rest of the Townes Cittuate uppon ye River Merrimack (being none of the inferior parts of this Country) are found to be at greater charg than other places for want of such officers as are very needfull & yt other Townes are priveledged with.
Wee therefore humbly crave that your excellency would be pleased to take it into your consideration to appoint & impower some man or men to take the acknowledgment of deeds and give oaths and a clark to issue forth all such warrants and writts as are usuall and needfull for County Courts. wch will be of a great ease to us of that burthen which of late wee have sustained and your petitioners shall be forever bound to pray for, and are
Your excelencys most Humble servants
HENRY SHORT · Selectmen of ye
JOHN BADGER Towne of New- BENJ. MORSE bury in ye name CUTTING NOYES & by vote of ye JOSEPH LITTLE sd Towne.t
What action was taken by the governor and council in answer to this petition is uncertain. Probably a commissioner
* Memoir of Capt. John Mason, p. 130.
t Town of Newbury Records, vol. ii. (1680-92), p. 57.
-
201
THE SETTLEMENT AT MERRIMACK RIVER
was appointed to attend to the acknowledgment of deeds, the issuing of writs, and the punishment of crime.
Revenue was needed for the support and maintenance of the colonial government ; and, January 20, 1686-7, the fol- lowing notice was sent : -
To the Selectmen and Constables of Newbury.
His Excelency ye Govrnour and Councill having by yr order of the 1 2th of this instant January directed the Treasurer to give forth his war- rants prsuant unto an order of councill of ye 4th of ye above said Janu- ary for a single Country Rate of one penny in ye pound to his Majesty for support of ye Government to be assessed levied & collected accord- ing to former usage.
You are therefore Required in his Majesties name to assess and levie upon ye severall inhabitants of your Towne equally & proportion- ally according to ye severall Rates and according to former usuage and custom for ye raising & levying of publick charges, ye full sum of one penny in the pound making a prticular account & list thereof under ye severall hands of you ye selectmen, certifying ye sum totall into ye Treasurer and ye said list deliver unto ye constables of your Towne who are alike required to levie and collect ye same forthwith making distress where need shall bee (according to former mannr) taking up severall sorts of Grain at such prices as were lately set forth by ye president and Councill viz : Wheet at 55, Rye & pease at 45, Indian Corn at 25 9d & oats at 2s per bushell & in case any pay money in lieu of country pay they are to be abated one third of all which ye Constables are required to make good Account & speedy payment to ye Treasurer, or his order. See yt all sorts of Graine Be merchantable & yt you receive no leane cattell nor horses. Hereof faill not as you will answer ye con- trary at your perill.
Dated in Boston 20th day of January An. Do. 1686-7 in ye second yeare of his Majestys Reigne JNO USHER Treasurer .*
On the twenty-fifth of February following, the selectmen levied a tax upon all the inhabitants of Newbury, which was entered in full upon the records of the town, and a return thereof made to the treasurer of the colony as follows : -
Worshipful sr, according to your warrant bearing date January 20, 1686-7 we have made a rate according to former usage and custome ye sum of which £40 & Ios (heads being rated by us at 20d A head as for- merly) wch rate we have now delivered to ye Constables of our Towne in
*Town of Newbury Records, vol. ii. (1680-92), p. 64.
202
HISTORY OF NEWBURY
two pts viz : to Joseph Ilsley constable ye sum of twenty three pounds & ten shillings & to Moses pillsbury constable ye sum of Seaventeen pounds both wch we have ordered to be forthwith gathered and deliv- ered to yourself according to your warrant.
yr humble servants ye selectmen of Newbury,
HENRY SHORT
JOHN BADGER BENJ MORS
CUTTING NOYES
JOSEPH LITTLE *
At a meeting held in Boston June 1, 1687, " His Excel- lency Sir Edmund Andros, Knt," being present with the following councillors,
Joseph Dudley
Jno Usher
Wm Stoughton
Jno Hinks
Robert Mason
Richard Arnold
Waite Winthrop
Edward Randolph,
Richd Wharton
it was " ordered that all publique Records in the late Govern- ment now annexed under this Dominion be brought to this towne and put into ye custody of ye Secry or his Deputy." t
June 22, 1687, his Excellency "ordered that the records of Essex county be delivered into the hands of stephen Sewall who is commissioned to be clerk of the Inferiour Courts in the County of Essex."
At this time John Usher was treasurer and receiver-general of New England. He was ordered to send out warrants for the assessment and collection of taxes to meet the annual expenses of the government.
Many inhabitants of the colony refused to pay these taxes, and the treasurer was compelled to purchase arms and am- munition for the expedition against the Penobscot Indians with his private funds or by the use of his personal credit. After the Revolution of 1689 he was sued for the recovery of a large sum of money due on several unsettled accounts. The case was decided against him. He was imprisoned, and
* Town of Newbury Records, vol. ii. (1680-3), pp. 62, 63.
t Massachusetts Archives, vol. cxxvii., leaf 128.
# Ibid., vol. cxxvi., leaf 364.
.
THE SETTLEMENT AT MERRIMACK RIVER
203
his property seized and sold. Among the papers that remained in his possession until his death was the following tax list of the inhabitants of Newbury in 1688, fourteen years of age and upwards : *-
TAXES UNDER GOV. ANDROS.
TOWN RATE OF NEWBURY, 16SS.
AN INVOYES OF AUGUST, '88.
NEWBURY.
Heads.
Houses. 4
Plow Lands.
Meadow.
Pastr.
Horses.
2 yr old.
I yr old.
Oxen.
Cows.
3 yr old.
2 y old. 6
I yr old.
Sheep.
Hogg3.
Capt Richd Dumer, Esqr
1
4
12
40
40
2
O
I
2
8
14
3
7
60
I2
Mr Richd Kent
o
2
6
20
30
2
o
O
2
2
O
O
O
20
3
Mr Richd Dole
I
4
15 30
40
4
30
3
O
I
O
4
4
I
I
I
IC
2
Ensign Clark
3
4
14
12
H
2
O
3
4
6
2
4 50
3
Mr Longfellow
I
2
6
IO
O
I
o
O
I
2
I
I
O
I
3 30
4
Serj Coker .
3
2 12
12
O
3
4
4
2
O
2
2
25
4
Serj Noyes
I
2 10
12
8
1
O
2
5
2
2
2
O
16
5
Corpl Edmund & Jonathn Moers H
Mr Lunt . .
1
I
7
10
O
2
O
2
4
2
O
2
6
4
Mr Wm Moodey
I
2 18 15
O
2
I
4
5
3
O
5
20
5
Mr Moses Gerrish
I
3
IO
10
6
2
O
2
6
O
O
15
I
Mr Wm Noyes
1
2
4
O
O
I
O
O
I
O
O
O
12
O
Richd Jackman
I
3
2
12 30
20
2
O
4
8
4
3
4
30
3
Dunkan Stuard
Charls Stuard
Wm Chandler
I
I
4
IO
12
IO
O
O
I
I
I
2
I
2
2
3
John Kent Senr
I
2 14
30
80
3
O
4
12
O
3
4
35
40 IS
5
Joseph Downer
I
I
6
8
3
2
Benj Coker .
I
I
6
O
O
O
I
2
O
O
8
O
Mr Jos Woodbridg
Nathn Wheeler
I
I
3
5
IO
I
O
O
2
O
O
2
Benj Wheeler
I
I
3
5
IO
I
3
0
2
1
1
5
IC
O
4
2
2
I
4
5
O
O
O
30
3
Doctr Toppan
3
4
2 12
16
3
8
2
3
O
4
4
2
3
4
I
O
IS
1
2
12 20
20
2
I
0
2
2
O
I
3
6
O
Abrā Addams .
Edmund Moers, Jur Joseph Goodridg .
I
I
2
12
8
15
IO
2
4
4
3
2
4
I
O
14
I
O
O
O
O
I
2
N
3
4
O
0
30
3
Jno Bartlet, Senr Joshua Richdson Wm Danford
Joshua Boynton
I
O 10 20
2
12
34
8
2
6
5
4
4
4
2
6
2
2
O
4
4
3
2
2
I
I
20 3
I
0
O
O
2
I
3
2
4
2
O
I
IO
I
4
O
O
O
0
8
I
2
1
0
O
1
O
7
O
O
2
I
O
4
12
4
5
3
2
I
30 5
Mr Perc Lowle Mrs Lowle & Thomas Dec. Noyes .
2
I
5 IO
50
40
2
O
O
6
3
6 6 vaa 7
34 30 2
Capt Dll Peirce
1
4 40
50
100
5
I
I
o
4
4
I
I
I
IC
2
4
9
5
3
3 33
I IO
2
2
O
2
3
O IO
I
Serj Richardson Serj Moodey
3
4
18
3 IO IS
4
2
I 20
4
Serj Hale
4
4
2
O
2
6
3
16
O
O
O
1
O
0
2
1
I6
I
3
2
7
3
IO
IO 40
6
Henry Short
I
2 12 20
I
4
I
4 16.30
14 16 10
Serj Badger
2
8
O
6
O
0 30
I
3
2
I
I
2
2
6
3
Georg & Moses Little
6
James Jackman Sent & Junr .
I
* New England Historical and Genealogical Register, April, 1878, pp. 156-164, inclusive.
.
Jno Woodbridg, Esqr
O
30
8 00 00 8
4
I
1
1
I
0
6
O
204
HISTORY OF NEWBURY
AN INVOYES OF AUGUST, '88. NEWBURY.
Heads,
Houses.
Plow Lands.
Meadow.
Pastr.
Horses.
2 yr old.
I yr old.
Oxen.
Cows.
3 yr old.
2 yr old.
1 yr old.
Sheep.
Hoggs.
Thomas Titcomb
I
o
3
O
o
O
O
0
O
O
o
O
Richd Petengall
0
4
6
o
o
M
0
N
3
1
O
o IC
I
Mattw Petengall
o
I
O
o
I
O
2
4
O
O
O
13
3
Cornt March
I
4 14
12
6
O
9
4
3
3
35
2
Tho: Thurlo
2
4
16
16
20
3
18
O
2
2
O
I
I
10
2
John Thurlo
1
C
2
O
O
I
2
I
0
O
O
.
O
Stephn Jaques
2
4
IS
20
IO
2
4
6
2
2
2
50
6
Thomas Hale Senr
Thomas Hale Junr
I
2
7 20
5
I
2
3
2
2
I
IO
2
Richd Dole Jun
1
2
6 10
I
2
2
I
I
IC
2
Widw Poer
John Poer
I
3
6
8
I2
I
I
5
4
4
2 20
4
Henry Poer
I
I
2
6
O
1
2
4
O
o
IO
O
Joseph Poer Sent
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