History of Newbury, Mass., 1635-1902, Part 20

Author: Currier, John J. (John James), 1834-1912. cn
Publication date: 1902
Publisher: Boston : Damrell & Upham
Number of Pages: 1518


USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 20


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# Newbury (First Parish) Records.


243


THE SETTLEMENT AT MERRIMACK RIVER


ing of Joseph Gerrish, Henry Rolf, John March, and Charles Pierce, "one Town House, so called, standing in Newbury aforesaid on a piece of land sold by Benjamin Mors, jun, to the First Parish in Newbury." *


February 27, 1734-5, Mr. John Pearson was authorized to receive from John Appleton, treasurer of the county of Essex, the sum of two hundred pounds in settlement for the town and court house built by the parish.t


Twenty-five years later, when the building needed repairs, an effort was made to remove it to a more convenient loca- tion. 'May 20, 1760, Dr. Nathan Hale and several other pe- titioners applied to the town for an appropriation for repair- ing or removing the town-house. This petition was not granted, and on the twenty-sixth day of May following an un- successful effort was made to authorize the selectmen to erect a new building nearer the centre of the town.


In 1762, the county of Essex appropriated two hundred pounds for a new court-house in Newbury, " provided the town raise a like sum for the same purpose." This proposal was not acceptable to the legal voters of Newbury ; and they de- clined March 29, 1762, to co-operate with the county in the erection of the proposed building. Some of the inhabitants of the Third parish, however, subscribed a sum sufficient to defray the cost of "a court house for ye use of said county . and the inhabitants of the town of Newbury"; and July 7, 1762, Daniel Farnham, Michael Dalton, Jonathan Bayley, Thomas Woodbridge, and others purchased of Joseph Clem- ents eleven rods of land " on Fish Street adjoining his dwell- ing house," and conveyed the same to John Choate, treasurer of Essex County " for the uses and purposes above expressed and for no other use or purpose whatever." # On this land, at the corner of Fish, now State, and Essex streets, a com- modious town and court house was erected within the pres- ent limits of the city of Newburyport.


The old town-house, on High street, at the head of Marl- borough street, was sold in 1780, and removed.


* Essex Deeds, vol. Ixviii., p. 11.


t Newbury (First Parish) Records.


# Essex Deeds, book cxi., p. 11r.


244


HISTORY OF NEWBURY


ALMSHOUSE.


May 17, 1682, the town " voted that the selectmen shall have power to take care that the poore may be provided for, and to build a cottage or cottages for them according to their discretion."


February 6, 1704-5, the selectmen were ordered to ascer- tain and report at a subsequent meeting the probable cost of a building suitable for an almshouse. The estimates sub- mitted were evidently unsatisfactory ; and no further action was taken until March 12, 1722-3, when " Ensigne William Titcomb, Richard Kent, Esq, & Capt Henry Rolfe were chosen a committee to view a place for an alms house & make an estimate of the cost of land & of the building to be built." ¡ The report of the committee was not acceptable to the legal voters of the town, and further consideration of the sub- ject was indefinitely postponed. March 12, 1733-4, a com- mittee, consisting of Doctor Nathan Hale, Joseph Atkins, Esq., Jonathan Poor, Joseph Gerrish, Esq., and Deacon Joshua Moody, was chosen to select a suitable lot of land and procure plans for the proposed new almshouse ; but the loca- tion selected and the plans agreed upon were vigorously opposed by some of the inhabitants, and after a heated de- bate the recommendations of the committee were defeated.#


At a town meeting held March 8, 1736-7, the question was again discussed ; and a committee was appointed to con- sider the advisability of erecting a building for the accommo- dation of the poor of the towns of Newbury, Amesbury, and Salisbury, "also to ascertain what proportion of the prob- able cost each of the above named towns will pay." #


The committee was unable to secure the co-operation of Amesbury and Salisbury upon terms and conditions that were considered mutually advantageous ; and, after several inef- fectual attempts to harmonize conflicting views and interests, the plan was abandoned, although an unsuccessful effort was made to revive it in the spring of 1743. §


December 13, 1743, Joseph Gerrish, Henry Rolfe, and'


* Town of Newbury Records, vol. i.


# Town of Newbury Records, vol. iv.


t Ibid., vol. iv., p. 217.


§ Merrill's History of Amesbury, p. 206.


245


THE SETTLEMENT AT MERRIMACK RIVER


John Greenleaf were instructed "to buy land to set a gaol & work house upon & to provide materials &c for said build- ings." *


February 4, 1743-4, they purchased a lot of land, four rods wide, on King street, now Federal street, Newburyport. May 15, 1750, the selectmen were ordered "to view the work house and see that it is properly finished." *


March 14, 1757-8, a committee was appointed to see whether a suitable addition could be made to the work- house for the accommodation of the poor of the town, or whether, upon the whole, it would be more advantageous to buy another lot of land and erect a new building. This com- mittee reported March twenty-seventh ; and after some dis- cussion another committee was appointed to purchase, for the use of the town, the dwelling-house of Caleb Moody on Cot- tle's lane, now Bromfield street, Newburyport.


May 23, 1758, a committee was chosen to sell to the county of Essex the prison house and land in Newbury, and pur- chase with the proceeds a building suitable for a workhouse for the accommodation of the poor.


For some reason unknown the dwelling-house on Cottle's lane was not purchased ; and May 8, 1760, Thomas Wood- bridge and Robert Roberts conveyed to the selectmen of Newbury half an acre of land on the southeast side of King street, now Federal street, Newburyport, and there the new workhouse was built.t


October 20, 1763, the town voted to build a small house in the rear of the workhouse for the insane.


COURT OF COMMON PLEAS AND GENERAL SESSIONS.


Under the charter granted by King William and Queen Mary in 1691, courts of justice were established in every county in the province of Massachusetts Bay. The fourth section of the thirty-third chapter of the Acts and Resolves of the General Court, passed November 25, 1692, provided that the Court of Common Pleas should be held "for the


* Town of Newbury Records.


t Essex Deeds, book cxiv., p. 252.


246


HISTORY OF NEWBURY


county of Essex, at Salem, on the last Tuesdayes in June and December : at Ipswich, on the last Tuesday in March, and at Newbury on the last Tuesday in September." *


The first session of the court in Newbury was held in the meeting-house of the First parish September 26, 1693. The presiding judges were Hon. Bartholomew Gedney, of Salem, Hon. John Hawthorne, of Salem, Hon. Samuel Appleton, of Ipswich, and Hon. Jonathan Corwine, of Salem.


A large number of criminal and civil cases were disposed of at this term of the court. The most important, from a local point of view, was an action of trespass brought by James and Richard Carr against Capt. Edward Sargent for carrying men and horses over the Merrimack river. The de- fendant stated in his answer that Capt. John March was the proper owner of the ferry, and that he was then in the king's service on the eastern frontier. The case was continued to the next inferior court in the county.t


All laws enacted in the province of Massachusetts Bay, under the charter of 1692, were submitted, in compliance with the provisions of that charter, to the King and Queen of Eng- land, or to their successors in office, for approval. Some ex- ceptions were taken to the act passed November 25, 1692 ; and it was disallowed by the Privy Council August 22, 1695.


On the third day of October, 1696, the General Court revived and continued in force until the month of May following the act establishing courts of justice in the prov- ince. # June 19, 1697, another act was passed, providing for the trial " of all matters and issues in fact arising or happen- ing in any county or place within the province, by a jury of twelve men."§ Both these acts were disallowed November 24, 1698.


On the twenty-sixth day of June, 1699, two acts, one appointing the times and places "for holding of courts of general sessions of the peace," and the other establishing " inferiour courts of common pleas in the several counties of the province," were passed by the General Court and ap-


* Acts and Resolves of the Province of Massachusetts Bay, vol. i., p. 73.


- t Records of the Court of Common Pleas (Salem), vol. i., p. 286.


¿ Province Laws, vol. i., p. 248. § Ibid., 286.


247


THE SETTLEMENT AT MERRIMACK RIVER


proved by the governor. Under these acts courts were held " for the county of Essex, at Salem, on the last Tuesdays in June and December; at Newbury on the last Tuesday in September ; and at Ipswich on the last Tuesday in March." *


No objections were raised by the Privy Council to the acts passed in 1699, re-establishing the courts of justice in the province; and no alteration in the time or place of meeting was made until January 28, 1764, when the town of New- buryport was incorporated, and " an act for erecting a part of the town of Newbury into a new town by the name of New- buryport " was passed, defining its powers and privileges and expressly providing


. .. That the inferior court of common pleas, and the court of general sessions of the peace, by law appointed to be held at Newbury on the last Tuesday of September annually, shall for the future be held in Newburyport on the last Tuesday of September annually and to all intents and purposes shall be considered as when held in the town of Newbury as aforesaid, any law to the contrary notwithstanding. t


WATCH-HOUSE AND JAIL.


For the detention of criminals or persons accused of dis- orderly conduct a watch-house was built at a very early date in Newbury. It was evidently located near the meeting-house. The selectmen were ordered April 8, 1673, to keep it in good repair. #


January 4, 1705-6, Capt. Henry Somerby, Capt. Stephen Greenleaf, Capt. Edward Sargent, and others were granted a lot of land "between ye watch house & ye meeting house pond joyning to Dr. Toppan's fence to sett up a stable wch they are to injoy during the Towns pleasure." #


January 29, 1706-7, the town voted "that there be a gaole or prison built in Newbury ... provided the county be at one half of the cost and charge." }


The jail was erected near the meeting-house, and was prob- ably in use for thirty-five or forty years. The News Letter,


* Acts and Resolves, vol. i., pp. 367-370.


t Ibid., vol. iv., p. 677.


# Town of Newbury Records.


248


HISTORY OF NEWBURY


published in Boston, under the date of August 31, 1725, says : -


About midnight a company of rioters assembled on horseback and with crow bars broke the doors, bolts and locks of the gaol in Newbury and took off on spare horses Isaac Brown and Hugh Ditson charged with capital offences. Governor William Dummer offered a reward of fifty pounds for their apprehension .*


At the Court of General Sessions held at Salem July 9, 1734, Benjamin Marston, sheriff of Essex county, asked " for the better security of the prisoners" that a house for the jail-keeper might be erected near the jail in Newbury. The court ordered Nathaniel Coffin, Richard Kent, and Joseph Gerrish to ascertain what proportion of the cost of the pro- posed building the inhabitants of Newbury would pay.t


September 23, 1734, a committee was appointed by the town to select a suitable lot of land on which to build "a prison or house of correction"; and September 21, 1736, the judges of the Essex county courts were asked to give their consent " to the removal of the gaol now standing in New- bury " to a more convenient location, "in order that it may be made serviceable as a prison or house of correction." This plan, however, did not meet with favor, and was sub- sequently abandoned.


At the General Sessions of the court held at Salem the last Tuesday in December, 1743, the subject was again consid- ered ; and the court ordered the erection of a county jail and prison house "at or near the place where the old prison stands in Newbury." Col. Berry, Major Greenleaf, Joseph Gerrish, Henry Rolfe, and Thomas Rowell were appointed a committee to erect a strong and substantial building at a cost to the county of not more than one hundred and twenty- five pounds. §


February 7, 1743-4, the inhabitants of Newbury voted to grant "ye county of Essex so much of a piece of land as is needful for to build a prison upon and a house for the keeper


* Coffin's History of Newbury, p. 196.


t Court of General Sessions (Salem), 1726-44, p. 336.


# Town of Newbury Records.


§ Court of General Sessions (Salem), 1709-46.


2 49


THE SETTLEMENT AT MERRIMACK RIVER


of said prison & for a yarde, to be taken out of that piece of land which was purchased by ye Towne of Newbury of Mr Anthony Sommerby as by a deed dated February ye 4th, 1743 may appear. Said land is lying on ye northerly side of & joyning to King street." *


The jail or prison was erected during the summer of 1744. On the twenty-third day of May, 1758, the selectmen of New- bury were authorized and instructed to sell all the town's right, title, and interest in the property on King street ; and July 21, 1758, they conveyed to the county of Essex "the house adjoining the Prison which has been improved as a work house, also the land purchased of Anthony Somerby with all the buildings thereon." t --


THE CURFEW.


October 18, 1700, the town appointed Col. Daniel Pierce and Tristram Coffin, Esq., a committee to procure a new bell, " of about four hundred pounds weight," for the First parish meeting-house.


January 4, 1705-6, " voted that the new bell be hanged in the turret of the meeting house with all convenient spede," also " that the bell be rung at nine of the clock every night and that the day of the month be every night tolled." }


May 14, 1707, the selectmen were authorized "to employ some suitable person to ring the nine o'clock bell this year." }


June 18, 1708, the town " voted that the nine a clock bell should be rung at nine of the clock precisely, nightly for the year ensuing." #


For the year 1711 the town employed Benjamin Morse "to ring the bell at nine o'clock every night, and sabbath days and lecture days." #


November 30, 1723, the selectmen paid Henry Lunt, 3d, for ringing the nine o'clock bell, five pounds.


In 1725, a meeting-house was erected, on what is now known as Market square, Newburyport, for the Third parish


*Town of Newbury Records. King street is now Federal street, Newburyport.


t Essex Deeds, book cv., p. 137; "Ould Newbury," p. 620.


# Town of Newbury Records.


250


HISTORY OF NEWBURY


in Newbury. At a parish meeting held May 23, 1727, a committee was appointed " to purchase a bell weighing about four hundred pounds"; and February 21, 1727-8, the asses- sors of the parish were authorized to agree with Ambrose Berry to ring the bell till the March meeting. March 19, 1727-8, it was "voted that the bell of the Third Parish be Rung at nine of the clock." *


Ambrose Berry, constable, in settlement with the select- men of the town for the year 1730, is credited with five pounds " for ringing ye nine o'clock bell."


In 1731, the selectmen paid " £5 to Henry Lunt ye 3rd for ye nine o'clock bell."


The custom of ringing the nine o'clock bell is still con- tinued in that part of Newbury which was set off in 1764, and incorporated as a new town by the name of Newburyport.


EARTHQUAKES.


During the seventeenth and eighteenth centuries, earth- quakes occurred with considerable frequency in the town of Newbury. Three years after the first settlers landed at Parker river a violent trembling and shaking of the earth surprised and alarmed them. June 1, 1638, the following statement was entered upon the town records : -


Being this day assembled to treat or consult about the well ordering of the affairs of the towne about one of the clocke in the afternoone, the sunn shining faire, it pleased God suddenly to raise a vehement earth- quake coming with a shrill clap of thunder issuing as is supposed out of the east, which shook the earth and the foundations of the house in a very violent manner to our great amazement and wonder, wherefore tak- ing notice of so great and strange a hand of God's providence, we were desirous of leaving it on record to the view of after ages to the intent that all might take notice of Almighty God and feare his name.


Other earthquakes occurred March 5, 1642-3, January 26 and February 5, 1662-3, and February 8, 1684-5.


Rev. Mathias Plant noted, with considerable care and minuteness, in the early records of Queen Anne's Chapel, *" Ould Newbury," p. 432.


251


THE SETTLEMENT AT MERRIMACK RIVER


many remarkable facts in relation to the numerous convul- sions of nature, accompanied by a loud rumbling noise of apparently subterraneous origin, that occurred in the months of October, November, and December, 1727, and for the next fifty years the records contain frequent references to similar occurrences ; but, so far as known, the damage resulting from the most severe of these earthquakes was comparatively slight and unimportant .*


THE OBSERVANCE OF SUNDAY AND HOLY DAYS.


November 4, 1646, the General Court ordered that any per- son living within the limits of the colony of Massachusetts Bay, who shall without just cause, neglect to attend public worship " shall forfeite for his absence from evry such pub- licke meeting 5sh." +


Joseph Peasley, who was one of the early settlers of New- bury, removed to Salisbury in 1646 or soon after. October 19, 1658, he, with several other persons residing in that town, was ordered to appear at the General Court to answer to the charge of wilfully neglecting public worship on the Lord's day .¿ He disregarded the orders of the court, and continued to teach and exhort among his friends and neighbors in the new town of Salisbury, now Amesbury, Mass. He was censured and fined, and subsequently forbidden to preach within the limits of the colony. §


May 11, 1659, the General Court "ordered that whosever shall be found observing any such day as Christmas or the like, either by forbearing of labour, feasting, or any other way, upon any such accounts as aforesaid, every such person so offending shall pay for every such offence five shillings as a fine to the country." || This law was not repealed until May 27, 1681. TT


May 24, 1677, the constables of every town were ordered


* Coffin's History of Newbury, pp. 197-199 ; Mrs. E. Vale Smith's History of Newbury- port, pp. 51-55, 404.


t Massachusetts Colony Records, vol. ii., p. 178.


# Ibid., vol. iv., part I., p. 351. § Ibid., p. 390. Il Ibid., p. 366.


T Ibid., vol. v., p. 322.


252


HISTORY OF NEWBURY


to make diligent search on every Lord's day in all suspected places where Quakers were supposed to meet for worship, and cause them to be apprehended and punished according to law .*


October 15, 1679, the selectmen or constables of Boston were authorized to set a guard at sunset on Saturday night, " to prevent any footman or horseman wthout such good ac- count of the necessity of his business as may be to them satisfactory " from leaving the town.


. . . all persons attempting to ride or drive out of towne after sun sett wthout such reasonable sattisfaction given shall be apprehended & brought before authority to be proceeded against as Sabbath breakers ; and all other townes are impowered to doe the like as need shalbe.t


This law was modified after the colonial charter was an- nulled and the province of Massachusetts Bay established ; but travelling on the Lord's day was forbidden, and no person could pursue his journey that day beyond the nearest inn or place of shelter under a penalty of twenty shillings. #


Samuel Sewall, one of the judges of the Superior Court, having returned from a session of the court held at Ports- mouth, was in Newbury Sunday, May 13, 1716. In his diary he wrote under that date : -


In the evening I had an inkling that two merchants came from Ips- wich. I said, How shall I do to avoid Fining them? I examined Richard Gerrish. As I understood him they lodg'd at Major Epes's on Saturday night, and went to the publick worship there : and when the afternoon Exercise was over, came to Newbury. They Travailed not in service Time : and had a ship at Portsmouth ready to sail which wanted their Dispatch. Alleg'd that Mr Peter La Blond was gone sick to Bed. I took his word to speak with me in the morning. I consulted with Col. Thomas who inclined to admonish them as young and strangers and let them go.


The following day he wrote : -


By long and by late I spake with Mr Richard Gerrish, Junr and Mr. Peter La Blond by whom I understood they were at Mr Wiggles- worths in the morning and at Ipswich Meeting in the Afternoon. Being in a strait, I had pray'd to God to direct. I considered Col.


* Massachusetts Colony Records, vol. v., p. 134. t Ibid., p. 239.


# Province Laws, vol. i., p. 58.


253


THE SETTLEMENT AT MERRIMACK RIVER


Thomas was not a Justice there : that this Profanation of the Sab- bath was very great; and the Transgressors fleeting from Town to Town and County to County could rarely be Censured. On the other hand they were young, Mr. La Blond's mother my neighbour, Mr. Gerrish had a smell of Relation ; both of them of another Province ; and I fear'd lest my Cousin's Custom might be lessn'd by it, because I had the Information from her Husband, whose wife, my Cousin, was a Ger- rish, and cousin to this Richd Gerrish, only Child of Capt Richd Gerrish of the Bank. Mr. La Blond apear'd brisk as if he ail'd nothing. I came to this Resolution that if they would make such a submission as this I would let them pass : viz ; We do acknowledge our Transgressions of the Law in Travailing upon the Lord's Day, May 13, 1716 and do promise not to offend in the like kind hereafter, as witness our Hands. RICHARD GERRISH. PETER LA BLOND.


This offer they rejected with some Disdain and Mr. La Blond paid me a 30s and Ios Bill of Credit for both their Fines. I imediately paid it to Samuel Moodey Selectman of Newbury (they have no Town Treasurer). .


All fines and penalties imposed and collected under this law of the province were to be used for the benefit and relief of the poor of the town where the offence was committed, "and delivered into the hands of the selectmen or overseers of the poor for that end."


At the Superior Court at Ipswich, May 19, Judge Sewall wrote :


Here Mr. Hern informs me that Gerrish and La Blond went from Platt's at Salem on the Lord's Day morn ; He spake to them against it ; They said they could but pay 5s. Ferryman told me Two were carried over about the time of going to meeting. Crompton informs me that they were at his house, and went not to meeting at Ipswich : went away late in the Afternoon: So that they Travail'd 22 Miles or more that day. I hope God heard my Prayer, and directed me to do Right and accepted me .*


SLAVES AND SLAVEHOLDERS.


Negroes and Indians were held in servitude and recognized as property in the colony and in the province of Massachu- setts Bay until the close of the Revolutionary war and the adoption of the State constitution in 1780.


* Diary of Samuel Sewall, vol. iii., pp. 81-83.


254


HISTORY OF NEWBURY


In Newbury, the number of slaves was never very large ; but as early as December 29, 1649, William Hilton conveyed and assigned "James my Indian & all ye interest I have in him " to George Carr in payment for one-quarter part of a vessel. Abraham Tappan, John Bond, and Edmund Green- leaf were witnesses to the bill of sale to which " James ye In- dian " gave his consent by affixing his mark .*


Capt. Paul White, who died July 22, 1679, owned " one negrow," valued by the appraisers of his estate at thirty pounds.


Subsequently many other inhabitants of the town, engaged in agricultural, industrial, or mercantile pursuits, found it con- venient to employ slave labor, and frequently imported negro servants from the Barbadoes or other islands in the West Indies.


The inventory of the estate of Henry Rolfe, taken in the month of April, 1711, has the following item : " An old negroe man valued at £10." In the settlement of the estate of Moses Gerrish "an Indian Slave" is valued at twenty pounds. Similar items are frequently found in old books of account as well as in wills and deeds of conveyance, recorded previous to the year 1780.t


Cutting Noyes sold to Richard Kelly, of Newbury, Jan- uary 15, 1713, "a Spanish ingon boy named Sesor by our judgmente under 10 yers old " for the sum of thirty-eight pounds.#


Joshua Bayley, Sr., of Newbury, in his will dated June fif- teenth and proved August 6, 1722, gave to his negro servant, Robert, several lots of land and also his freedom :


Said Robert shall not be sould or be disposed of to any person, but said Robert shall faithfully serve my said wife Elizabeth during the term of her natural life, and after Her Decease said Robert shall have his freedom, and Injoy said Real Estate during the term of his natural life .... And as concerning my Black Servant Robert, I do give him a surname and that is freeman, so that his name is Robert freeman.§




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