USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 17
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Widw Knight
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Jno Moodey
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Samll Petengall
10
THE SETTLEMENT AT MERRIMACK RIVER
205
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.
I yr old.
Sheep.
Hoggs.
Collen ffrazer
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Peter Cheny Jur
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James Stuart
Ben Goodridg Jur
Hugh Mathews
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Edward Ordway
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Mr Jnº Sewall
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Dr Dole .
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Jno & Joseph Bayley
Henry Somerby
Isaac Bayley
Richd Bartlet Sent
Samll Bartlet
Richd Bartlet Jur
2
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2
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Penull Titcomb
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Danll Peirce Jur
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Steph Emery
Capt Tho: Noyes
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James March . Nath Clark Jur
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206
HISTORY OF NEWBURY
AN INVOYES OF AUGUST, 'SS. NEWBURY.
Heads.
Houses.
Plow Lands.
Meadow.
Pastr.
Horses.
2 yr old.
I yr old.
Oxen.
Cows.
3 yr old.
2 yr old.
I yr old. Sheep.
Hoggs.
Penll Titcomb .
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Benj Mors
Zach Ayers .
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Ephrm Davis
Jeremiah Davis
Cornis Davis
Edwrd Woodman
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Joseph Poer Junr
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Charls Anis . Hugh March Junr John Swett .
3
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Peter Marshall
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Jno Badger Jun™
Jnº Kingsbury
Joseph Rowleson
Mr Wm Nisbitt
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1
THE SETTLEMENT AT MERRIMACK RIVER
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. I yr old.
Sheep.
Hoggs.
W'm Pilsbury
I
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4
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2
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8
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David Kily .
I
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James Coffin
2
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6
20 3
Tobi Coleman
I
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4
6
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Jonath Thurlo
L
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- - Ayres
Samll Ayres
I
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16
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Henry Toltwood
O
Henry Dole
Total .
2 269
2
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3
By virtue of a warrant from Jno Usher Esqr Receivr Genll of his Majes Revenues wthin his Territory and Dominion in Newe England bearing date July 14, in ye fourth year of his Majes Reigne Annoq Dom' 1688. We ye subscribed Comissioner & Selectmen of Newbury being mett together this 30 of August 1688 have made a list of the male prsons of our Towne, from foreteen years old & upwards & a true estimation of all Reall & prsonall estate, according to ye act of Councill according as is contained in these five sheets & ye sum is Sixty pounds two Shillings & sixpence.
THOMAS NOYES, Com
Indorsed.
D. DAYISON D. PEIRCE
Selectmen NATHI CLARKE for the Towne
Newberry Rate £60 2 6
JACOB TOPPAN L of Newbury.
Daniel Cheny Joshua Browne
Constab.
Newberry Rates
(The rate was written on six sheets. The second sheet begins with the name of Rich'd Pet- engall, the third with that of Jonath'n Emery, the fourth with that of Capt. Tho. Noyes, the fifth with that of John Davis, and the sixth with that of Benj. Mors.)
PROVISIONAL GOVERNMENT.
When it became known that King James II. had been compelled to leave England, and that William, Prince of Orange, had entered London in triumph, the inhabitants of the colony of Massachusetts Bay, irritated and exasperated by the arbitrary laws and illegal taxes to which they had been subjected under Sir Edmund Andros, determined to submit no longer to his despotic rule. April 18, 1689, they de- manded the surrender of the fort on Castle island in Boston harbor, seized and imprisoned Sir Edmund Andros, and in the month of July following sent him to England by order of King William III.
A committee of safety, composed of some of the most
.
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Joseph Ilsley
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Richd Thurlo
2
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John Craw
o
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207
208
HISTORY. OF NEWBURY
prominent citizens of Boston, was appointed to correspond with the authorities of other towns in the colony in regard to the organization of a temporary government.
At a meeting of the inhabitants of the town of Newbury, held May 6, 1689, Capt. Thomas Noyes and Lieut. Stephen Greenleaf, sr., were chosen to consult with the Committee of Safety in Boston, "and consider with them what may be best for the conservation of the peace of the country." * Plans for a provisional government, with all the powers and privileges needed for such an emergency, were matured, and submitted to the freemen of the colony for approval.
May 20, 1689, the inhabitants of Newbury voted that "we freely now give our consent to the freemen of this Towne to make choyce of the Govr, Dept. Govr, and the As- sistants chosen and sworn in the year 1686 to be our Lawfull authority, and desire our Representatives which we make choyce of to attend this business this weeke or so long as they necessiarily may be detained in settling this matter and that the ffreemen choose and send down their deputys as formerly."
At a meeting held June 3, 1689, Capt. Thomas Noyes and Lieut. Stephen Greenleaf, sr., were again chosen to rep- resent the freemen of Newbury in Boston in compliance with an order received from the Committee of Safety, dated May 30, 1689.
June 21, 1689, " by order of the Governmt & Committee of Safety dated June 14, 1689," a meeting was held for the election of town officers in Newbury. Richard Dummer was chosen moderator, Moses Little and Benjamin Morse con- stables.
Moses Gerrish, Joseph Pike, Abraham Adams, Joseph Knight, and John Emery, selectmen.
John Noyes, Richard Brown, Daniel Merrill, and John Badger, way wardens. It was also "voted to allow the selectmen only twenty shillings a piece for this years ser- vice."
At a meeting of the inhabitants of the town held July 1, 1 689,
* Town of Newbury Records, vol. ii., p. 101.
4
209
THE SETTLEMENT AT MERRIMACK RIVER
ffor the settling of our millitia for the prsent exegences it was voted that our desire is that all our milletery officers that were in comission upon May 12, 1686 do take ye care and conduct of us in peace and war, as they in their discresion shall see meete untill we shall have time and opportunity for a farther choyce .*
It was also voted yt the selectmen shall forthwth provide eight bushels of wheat & get it amediately made into biskit to be disposed of accord- ing to ye discression of the Captains to such souldiers as shall go out against ye Indians or for ye use of the Towne otherwise, if yr be not occasion for ye end aforesd .*
Also we desire & empower ye sd Committee of militia to appoynt so many houses to be fortified among us as they shall see cause & to pro- portion so many familys to each fortification according to theyr dis- cression .*
The new charter establishing the province of Massachu- setts Bay was, after considerable delay, granted by the king in September, 1691 ; and Sir William Phips was appointed royal governor. He arrived in Boston May 14, 1692 ; and a few days later the new government was inaugurated with an imposing civil and military parade. Writs were issued for an election of deputies to the General Court to be held on the eighth day of June following. Capt. Daniel Pierce and Capt. Thomas Noyes were chosen to represent Newbury in the first legislative assembly convened under the new charter.
DIVISION OF THE UPPER COMMONS.
As early as May 21, 1679, a committee, consisting of Mr. John Woodbridge, Mr. Richard Dumer, jr., Henry Jaques, Tristram Coffin, John Emery, jr., Francis Brown, John Baily, Robert Long, Richard Bartlett, James Ordway, Tho. Hale, jr., and Capt. Daniel Peirce, was appointed to devise, if possible, a way or plan for the division among the freeholders of the " upper commons," or the "upper woods " as they were sometimes called, from Artichoke river to the Bradford line.
In consequence, however, of some dissatisfaction among the inhabitants, who were not freeholders, and therefore not directly benefited by the proposed distribution, no definite plan was adopted until several years later. At a legal meet-
* Town of Newbury Records, vol. iii.
210
HISTORY OF NEWBURY
ing of the freemen and freeholders, held January 16, 1683-4, it was voted " that six thousand acres of the upper common shall be lotted out, namely, one thousand acres to the non- freeholders, and soldiers, and five thousand acres to the free- holders, to every freeholder alike, with an addition to some few men that have deserved more, and this shall not be a precedent to the future in the ordering or dividing of any other part of the common."
Further proceedings were delayed until the freemen and freeholders could agree upon the size of the lots and the number of persons to whom one or more of these lots should be assigned.
May 5, 1686, a committee consisting of John Woodbridge, Esq., Capt. Richard Dumer, Capt. Daniel Peirce, Capt. Thomas Noyes, Lieut. [Tristram] Coffin, Deacon [Cutting] Noyes, Deacon [Robert] Long, Ensign [Nathaniel] Clarke, Mr. Richard Bartlet, Lieut. [Stephen] Greenleaf, Mr. Richard Dole, sr., Sergt. [Caleb] Moody, James Ordway, sr., Sergt. John Emery, jr., Joseph Pike, George March, and Henry Short, was chosen " to agree upon a meete way of dividing the commons and bring in they' result and conclusion to the towne." *
The committee reported October 20, 1686; and the town voted " that the upper commons be divided in the following manner ; namely, the six thousand acres, one-half of them in quantity and quality be divided among the freeholders, to every freeholder a like share, and the other half of said com- mons be divided among all such inhabitants of this towne, and freeholders as have paid rates two years last past, propor- tionable to what each man paid by rate to the ministers rate in the year 1685." *
October twenty-first, a committee was appointed to lay out the land. At a town meeting held November twenty-sixth the lots were drawn, and December second the lot-layers were ordered to give the freeholders possession of the lots " in the name of ye town."
On the first page of the Proprietors' Book, volume second,
* Town of Newbury Records.
,
A FREEHOLD LOT IN "THE UPPER WOODS."
212
HISTORY OF NEWBURY
the bounds and dimensions of these lots, with the names of the freeholders to whom they were assigned, are recorded, and also the following statement : --
Whereas the freeholders & inhabitants of the Towne of Newbury did by a vote of theyrs dated October 20, 1686 pass a vote yt the upper comons be divided that is the six thousand acres, the one half to ye free- holders, to every freeholder a like share as in ye sd vote may appeer more at large And whereas ye Town at a Legal meeting October 21, 1686 did then apoint and choose Capt Danll pearce, Lieut Greenleaf. Lieut Coffin, Ensign Clark, Joseph Pike, and Serjent John Emery & Henry Short to be a committee to laye out ye above sd six thousand Acres to ye freeholders and inhabitants of Newbury according to the rule above mentioned
The freehold lotts being laid out by ye sd Committee, and ye free- holders meeting Nov. 26, 1686 they did then draw ye lotts yt is the free- hold lotts as is hereafter expressed.
And at a legall meeting of the freeholders Dec. 2, 1686 and of the whole Towne it was voted yt ye two lott layers viz. Lieut Coffin & Henry Short should lay out to ye freeholders and give them possession in the name of ye Towne of yr freehold 'lotts according as they were drawne which is done and Bounded as followeth together with ye high wayes which were appointed by the Committee the second of Dec. 1686
The first range of lotts for the freeholders begining at Serj John Emerys ffarm * and so running up Merrimack river unto Mr. Gerrish his farme.t
One hundred and six lots were recorded as laid out by the committee appointed December 2, 1686; but the record was declared to be imperfect, and it was made void at a town meeting held September 26, 1687. On that day the inhabi- tants of the town appointed Tristram Coffin, Joseph Pike, John Emery, and Capt. Thomas Noyes to make a new list of the lots, giving their bounds and limits and the names of the freeholders by whom they were drawn. The same com- mittee was chosen January 27, 1687-8, at a meeting of the freeholders ; but, Capt. Noyes declining to serve, Richard Dole was elected in his place.
The committee reported in detail March 2, 1687-8, care- fully describing each lot as follows : -
* At Artichoke river.
t Mr. John Gerrish's farm was at or near the dividing line between the town of Newbury and Bradford.
1
213
THE SETTLEMENT AT MERRIMACK RIVER
The first lot figr (1) being in estimation thirty rods broad at Brad- ford rode & twenty nine rods broad at the end next the River be it more or less, Laid out to the originall right of Samuel Scullards freehold drawn or claimed by ensign Nathaniel Clark Bounded by Serj Emerys land easterly, Bradford Rode southerly, by the Second lott westerly, by the highway of four rods broad next Merrimack River northerly.
The Second Lott figr (2) being in estimation eighteen rods broad at Bradford rode & at ye river and twenty five rods broad be it more or less Laid out to the original right of Thomas Colemans freehold drawn or claimed by Serj ffrancis Browne bounded by the first lott easterly, Bradford Rode southerly, by the third lott westerly, & by the high way of four rods broad next Merrimack River northerly.
One hundred and eleven lots, with one additional to Peter Cheney "for the Mill freehold," were recorded, and also the statement of the committee made December 2, 1686, and printed on the preceding page, to which a clause was added laying out "a highway or Rode thru' our sd land to Bradford line, begining at Artichoak River and so continuing to Brad- ford line," four rods wide .*
DIVISION OF THE LOWER COMMONS.
The committee appointed, May 5, 1686, to agree upon a plan for dividing the common land belonging to the free- holders of Newbury, recommended, October 20, 1686, that eleven hundred acres of the lower commons be divided into five general pastures, and the rest of the commons into wood lots, according to the rule adopted in the division of the upper commons.
October twenty-first, the freeholders voted to allow the wood lots to remain undivided "for feeding, burning, and carting," and December 13, 1686, Capt. Thomas Noyes, Thomas Hale, sr., Ensign [ ] Toppan, Joseph Ilsley, and Abraham Merrill were appointed a committee to lay out the five pastures.t
January 13, 1701-2, the freeholders voted to divide, " ac- cording to former rule, eighteen hundred acres of the lower
* Town of Newbury (Proprietors') Records, vol. ii., pp. 22-40, inclusive.
t Ibid., vol. i., p. 17.
214
HISTORY OF NEWBURY
commons, reserving pasturage for four cows for the ministry in the east end of the towne, three for the ministry in the west end, three for the free school, and the herbage of twenty cows for the benefit of the towns poor." >
January 21, 1701-2, a committee was appointed "to stint as to herbage" all the common land remaining undivided, and also to apportion among the freeholders and inhabitants, according to the rule previously adopted, all the wood and timber standing on the said land. The committee, " consist- ing of John Pike, Jacob Toppin, Aquila Chace, Stephen Jaques, Henry Somerby, John Ordway, Henry Short, and Thomas Hale," completed their work December 12, 1702.f
June 22, 1708, the herbage on the wood lots and on other land lying in common was again divided among the freehold- ers and inhabitants of the town in proportion to the tax that each man paid for the support of the ministry in 1685.
July 6, 1708, a committee appointed for that purpose re- ported in favor of dividing the wood lots into two general pastures, and the other common lands into four pastures, to be held by the persons to whom they were assigned for their sole use and benefit.#
March 14, 1714-15, the town granted Joseph Ilsley, Richard Kelly, John Pike, and others "liberty to build a pound by the country road near John Hales house for the impounding of cattle trespassing upon the general pasture at old town."
RIVER LOTS AND PUBLIC LANDINGS.
When the new town was laid out in 1645, there was evi- dently a narrow strip of land along the bank of the Merri- mack river that was not divided among the freeholders.
March 14, 1698-9 the lottlayers wth Majr Thomas Noyes, Mr George March, Capt Stephen Greenleaf, & Mr William Noyes were chosen a committee to measure the Bank of Merrimack River belonging to the Towne from Capt John Kents to Coll Peirces little meadow § and bring
*Town of Newbury Records ; also, Proprietors' Records, vol. ii., pp. 86-100, inclusive.
t Town of Newbury (Proprietors') Records, vol. ii., pp. 47-85, inclusive.
# Ibid., vol. ii., pp. 110-125 ..
§ Capt. John Kent's land was at the foot of what is now Kent street, Newburyport, and Col. Peirce's little meadow was near the corner of Ocean avenue and Plum Island turnpike.
.
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THE SETTLEMENT AT MERRIMACK RIVER
an acct to the Towne as also to examine the Records who they are who have a right to said lands .*
January 19, 1703-4, a committee was chosen to divide the land on the bank of the Merrimack river into lots ; and Feb- ruary 13, 1704-5, it was voted to number the lots, beginning at " Mr pearces meadow."
Voted yt one man shall draw for every proprietor. Voted yt ye high- way above sd lotts shall be left two rods broad.t Voted that Sergt William Titcomb should draw the lotts for every proprietor which was then done.
On pages 105 to 108, second volume of the Proprietors' records, the numbers and dimensions of these lots are given, with the names of the persons to whom they were allotted ; the ways, or landing places, from four to sixteen rods wide, leading to the river ; also, the following statement : ---
Whereas at a legal meeting of the proprietors of ye comons of the town of Newbury, January 19, 1703-4 Lieut Col Thomas Noyes Esq. Maj. Daniel Davison, Esq. Capt Stephen Greenleaf, and Capt Henry Somerby were by vote chosen to divide the bank against Merrimack river to ye proprietors of Newbury, by ye same rule as ye six thousand acres in ye upper woods was. Only the rate proportion and freehold proportion of every proprietor be laid together, ye said gentlemen hav- ing finished ye said work and presented it to ye town at ye meeting on March 9, 1707-8. The town yn by yr vote orderd ye recording of it which is as followeth : ...
The number of ye river lots, begining near Mr Pierces farm and ending at Mr Woodman's lane.§
At a meeting of the proprietors, held May 20, 1715, the committee named above was ordered to make a more perfect record of the bounds and dimensions of the river lots and · landing places ; and this order was complied with January 28, 1715-16.|
STRANGERS AND PAUPERS.
In the articles of confederation between the colonies of Massachusetts Bay, Plymouth, and Connecticut, approved by
* Town of Newbury Records.
t This highway is now Water street in Newbury and Newburyport.
# Town of Newbury Records. § Woodman's lane is now Kent street, Newburyport.
Il Proprietors' Records, vol. ii., pp. 193-223. There were two hundred and twenty-five lots in this division, and ten ways, or landing places, from the river.
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216
HISTORY OF NEWBURY
the General Court of Massachusetts October 12, 1670, and ratified and confirmed by a board of commissioners assembled at Plymouth September 5, 1672, "It is ordered that where any person or persons shall be found in any jurisdiction to have had their aboade for more than three months, and not warned out by the authority of the place, ... every such per- son or persons shall be accounted an inhabitant where they are so found." *
Great care was taken to see that only persons of good reputation and ability obtained a legal settlement in New- bury. March 14, 1681-2, Sergt. Nathaniel Clark was ap- pointed by the selectmen "to warne Evan Morris out of the towne of Newbury." f
This notice, if served, was probably disregarded. At all events, the freeholders voted June 21, 1689, "that Aquila Chace who hath now undertaken to keep Evan Morris from this time for the space of half a year and to provide for him wholesome food and attendance suitable, upon his perform- ance thereof the Towne engages to give the said Aquila Chace ten shillings per weeke in good country pay if the said Morris shall live so long with him, but if said Morris shall dye wthin that time the said Chace shall have proportionally, to be paid monthly." #
April 6, 1687 a warrant was granted to warne out of ye towne Wm Nisbett, Edw. Badger and one David that lives at Mr. Thurlos.
Householders were not allowed to admit or entertain " either as inmates, boarders or tenants" any person or persons for more than twenty days, without giving notice to the selectmen or town clerk, under a penalty of forty shil- lings.§
Frequent violations of this law occurred within the limits of the town, and the payment of the fine imposed was in many cases acknowledged and recorded substantially as fol- lows : -
* Massachusetts Colony Records, vol. iv., part II., p. 481.
t Coffin's History of Newbury, p. 137.
# Town of Newbury Records.
§ Province Laws, vol. ii., pp. 386, 616.
21 7
THE SETTLEMENT AT MERRIMACK RIVER
July 23, 1734 Then received of Mr James Badger the sum of forty shillings for Breach of the Law in taking in a tenant and not Informing ye town clerk nor selectmen of ye town of his so doing; the tenants name is Nathan presly with his wife and four children.
WILLIAM ILSLEY Selectmen MOSES GERRISH for
JOSEPH COFFIN Newbury *
November 25, 1734 Received of Moses Titcomb forty shillings for taking in a tenant and not Informing ye town clerk nor Selectmen of ye town of his so doing; the tenants name is Stephen Jackinan with his wife and several children .*
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