USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 7
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It was ordered at a meeting of the eight deputed men above men- tioned that each freeholder should have a house lott of foure akers: It was further ordered, in respect of the time for the inhabitants removeing from the place they now inhabit to that which is layd out and appointed for their new habitations, each inhabitant shall enjoy their house lotts foure years from the day of the date of this commission .*
There is nothing to indicate when this statement, with the accompanying orders, was entered upon the record; but the freeholders of the town, at a meeting held January 10, 1643- 4, voted "yt eury house lott shall be ffoure acres," and on the same day ordered "yt he yt hath least land in the New Towne shall have 8 acres yt [except] John Swett, Tho : Silver, Jo : Russe." *
The adoption of these votes and orders induced those who were dissatisfied to appeal to the governor and the House of
* Town of Newbury Records, vol. i.
1
86
HIS1 . Y' OF NEWBURY
Deputies for protection and assistance. June 11, 1644, the General Court ordered " (in ans" to ye peticon of pte of ye inhabitants of Newberry) that noe village or towne shalbee erected within the bounds of ye said towne vntill such time as ye peticons bee ansred by way of comission or otherwise."
What further action was taken in regard to this petition is unknown; but it is certain that the place first selected for the new meeting-house, " upon the hill by the little pine swamp," was subsequently changed " at a Towne meeting of ye 8 men the 2ª of January 1645-6," as appears by the following record : -
Wee, whose names are in ye margent expressed (James Noyes, Ed- ward Woodman, John Cutting, John Lowle, Richard Knight and Henry Short,) for ye settleing ye distraceons yt yett remayne about ye setling and placeing ye meeting house yt all men may cheerfully goe on to im- prove their lands at ye new towne doe determine yt ye meeting house shall be placed & sett up at or before ye twentieth of October next in, or upon, a knowle of upland by Abraham Toppans barne wthin a sixe or sixteen Rodd of this side of ye gate posts yt are sett up in ye high- way by said Abraham Toppans barne.
Edward Rawson contradicents this order.t
* Massachusetts Colony Records, vol. iii., p. 8.
t Town of Newbury Records, vol. i.
1
CHAPTER III.
THE SETTLEMENT AT MERRIMACK RIVER, 1645-1685.
ALTHOUGH the location of the new meeting-house was defi- nitely fixed and settled by the vote recorded January 2, 1645-6, a long remonstrance, signed by Edmund Greenleaf, Daniel Thurston, Stephen Kent, John Poore, and others, was presented to the General Court, denouncing the vote as ille- gal and unjust, and proposing that the church, under the pastoral care of Rev. Thomas Parker, should be divided, one of the elders to remain with the old church, the other to go with the new one .*
To this petition, or remonstrance, the General Court re- turned the following answer, May 26, 1647 : -
1. It is conceived meete, yt it be declared by ye authority of this Corte, yt ye comission granted to ye major pt of ye towne of Newberry & ye p'ceedings thereupon, to be legall & warrantable.
2. That if any errors were in ye said comission &c or any dissent from ye same by any of ye minor pt &c yet they are all concluded from taking any exception thereto, in regard of their acceptance of ye recom- pence ordred for satisfaction.
3. That ye petitionrs of ye minor pt have failed in not submiting to their owne covenant.
4. That a lettr be written from this Corte to the two eldrs & those brethren of ye major pt, yt for peace sake they would please by turnes to supply ye other pt &c.t
The petitioners, however, were dissatisfied with the deci- sion of the General Court, and did not attempt to conceal their vexation and disappointment. Several of them removed from Newbury ; and those who remained reluctantly acqui- esced in the removal of the meeting-house "to a knowle of upland by Abraham Toppans barne."
* Coffin's History of Newbury, pp. 44-46.
t Massachusetts Colony Records, vol. ii., p. 196.
[87]
88
HISTORY OF NEWBURY
House lots and farm lots were laid out in the new settle- ment, and assigned to the freeholders of the town of New- bury as early as 1645. An order was adopted which, though somewhat vague and confusing, gives some of the details of the assignment, as follows :-
It is ordered & determined by the orderers of the Towne affairs that the plan of the new Towne is & shall be layd out by the lott layrs as ye house lotts were determined by their choice beginning from the farthermost on the south street thence running threw the Pine swampe then up the high street numbering the lotts in the south street from the first to John Bartlett's lott the 27th then through the west side of the high street to Mr Lowles ye 28th & so to the end of the streete then run- ning thro' field streete to Mr Woodmans ye 4ist thence to the end of that street to John Cheneys ye 50th then turning to the first Cross street the west side of John Emery 51st thence coming up from the River side on the East side of the same street to the other street the west side to Daniel Pearses ye 57th & so to the River side on yt side the streete to Mr Clarke, whence from ye water side up the street on the East side to ffrancis Plumer 66th as hereunder by names & figures appended .*
Mr. Thomas Parker
33
Daniel Pearson 57
Mr James Noyes
32
Thos : Blumfield
Mr Woodman
41
Nath. Badger 58
John Knight 09
John Bond
Richard Knight
IO
John Swett 26
John Pike Junior
55
Wm Hilton
Arch : Woodman
42
Robt Lewis
Jo : Pemberton
46
Gyles Badger
63
Rich. Little Ale
49
Mr Greenlefe
07
Rich. ffitts
50
Mrs Oliver
17
Widdow Stevens
13 & 14
Lt John Lowle
28
John Stevens
14
Anth : Short
08
Anth : Somerby
44
Jo : Hutchins
34
Richard Bartlett
25
Mr Clarke
60
John Bartlett
27
Mr Rawson
31
Wm Titcomb
24
Jos : Cheney
30
Nich : Batt
47
Tho : Browne
56
Tho. Dowe
23
Wm Elnsley
об
Hen : Travers
OI Hen : Lunt
49
John Emery
51
Mr Browne
18
*Town of Newbury Records, vol. i., p. 26.
Robt Coker
53
Wydd : Goffe
Rich : Badger
04 Nich. Noyse
THE SETTLEMENT AT MERRIMACK RIVER
89
Hen. Palmer
Mr John Cutting 30
Rich : Kent Sent
Mr Lowle Senr 29
Wm Palmer
Sam : Plumner 65
Thomas Cromwell
Anth : Morse
54
Sam : Scullard
45 Wm Morse
II
-Tho : Silver
Hen Rolfe
II
Walter Allen
Dan : Thurston
39
- ffrancis Plumer 66
Able Huse
39
Abraham Toppan
20
Jo : Poore
35
John Musslewte
Jo : Merrill 40
Thos. Haile
Abr. Merrill
36
Tho : Coleman
72 Jo : ffits
.
Wyddow Browne
19 fferry lott
. Jo : Pike Senr
02 Jo : Indian
61
-
The house lots were assigned to the persons above named in exchange for land previously granted them at Parker river, and many of the transfers and conveyances were promptly recorded by the town clerk. Some of them, how- ever, were forgotten or overlooked, while others were not presented for approval and registration until several years later : * " William Mors in consideration of his resigning up an house lot in the old town is granted one at the new town joyning to the new street "; } Anthony Mors for the same consideration "is granted an house lot at the new town joyning Cross street "; Joseph Peasle " is granted an house lot in the new town joyning ffish street "; John Knight, "an house lot at the new town joyning South Street"; Samuel Plumer, "an house lot at the new town joyning New Street " ; Percivell Lowle, " an house lot at the new town joyning Hill Street "; John Cutting, "an house lot at the new town joyn- ing Hill Street "; Edmund Mooers, " an house lot at the new town joyning South Street "; James Browne, "an house lot at the new town joyning Hill Street "; Henry Lunt, "an house lot at the new town joyning Merrimack Street "; William Stevens, "an house lot at the new town joyning ", uth Street "; Nicholas Noyes, "an house lot at the new :. vn joyning South Street"; Thomas Brown, "an house lot
*" Ould Newbury," p. 94.
t Town of Newbury Proprietors' Records, pp. 56-58, inclusive.
7
90
HISTORY OF NEWBURY
at the new town joyning Cross Street " ; Widdow Goff, "an house lot at the new town joyning Hill Street "; Thomas Smith, "an house lot at the new town joyning Merrimack Street "; John Pemberton, "an house lot at the new town joyning Merrimack Street "; John Emery, "an house lot at the new town joyning Cross Street "; Henry Travers, " an house lot at the new town joyning South Street and Merri- mack Street "; Richard Badger, "an house lot at the new town joyning South Street "; Thomas Dow, "an house lot at the new town joyning to the way by ffrogg pond" ; Gyles Cromlon, " an house lot at the new town joyning New Street " ; Samuel Scullard, "an house lot at the new town in the nine lots "; Anthony Somerby, "an house lot at the new town joyning to Merrimack Street in the nine lots"; Richard ffitts, "an house lot at the new town joyning to Merrimack Street in the nine lots" ; Richard Littlehale, "an house lot at the new town joyning to Merrimack Street in the nine lots" ; Thomas Blumfield, "an house lot at the new town joyning to ffish street "; Percivall Lowle, "four acres of land in the Little field" ; John Lowle, "four acres of land in the Little field "; Archelaus Woodman, "an house lot joyning to Mer- rimack Street "; Edward Woodman, "forty acres of land joyning to Merrimack Streete and the way going to the Aspen Swamp "; Abraham Toppan, "four acres of land joyning to Hill Street "; Gyles Badger, "four acres of land joyning to ffish Street " ; John Fry, "four acres of land joyning to ffish Street." *
The commercial advantages of the new settlement were developed and strengthened in many ways. Mr. John Cut- ting, " shipmaster," removed from the old town to the new town ; Mr. Thomas Millward, f who owned a " shallop," came
* Fish street, also called "New Street " and " the way to Watts Sellar " in the early records, is now State street, Newburyport. Cross street, afterward called "Ordway's Lane," is now Market street, Newburyport. . Hill street extends from Parker to Pond streets, Newburyport, and still retains its old name. South street is now Parker street, Newbury. And Merrimack street, also called " the country road," is now known as High street (in Newbury and Newbury- port), beginning at Parker river and extending to the Three Roads, so called.
t "Thomas Millward, seaman," bought of Stephen Kent of Newbury,| March 16, 1645-6, " ten acres of upland as it is sittuate on Merrin .... River."
" Richard ffitts of Newbury" sold March 26, 1645-6, " to Thomas Millward, mariner, five acres of upland scituate on Merrimack River."
91
THE SETTLEMENT AT MERRIMACK RIVER
to Newbury from Cape Ann; and Aquilla Chase, who was evidently a good boatman, came from Hampton.
In 1646, the freeholders of Newbury granted Aquilla Chase four acres of land for a house lot at the new town, and six acres for a planting lot, " on condition that he do goe to sea and do service in the towne with a boate for four years." *
Laid out to Aquilla Chace four acres of land for a house lott, be it more or less, in the new Towne joyning to Henry ffays land on the South West and the street on the South East and the way by Merri- mack River on the North East and David Wheelers land on the West.t
The building of houses in the new town and the clearing of land for cultivation progressed rapidly during the summer of 1646, and was continued with unabated vigor the following year.
December 10, 1646. The towne being informed that Mr Thomas Parker was unwilling to act any longer in any matters concerning the new Towne & that Mr Cutting was going to sea, they were apprehensive of the weighty occasions of the towne that are likely to bee retarded, did make choyse of Nicholas Noyes & William Titcomb in their roome to be added to the rest of the new towne men for sixe weeks that so things may with more speed be dispatched. #
At the meeting of the eight men December 16, 1646, they made these orders and grants as follows : -
It is ordered that whatsoever land is falne already or hereafter may fall into the townes hands vpon the necke ouer the great River shall per- *petually remaine for the townes use to be let out for defraying public charges.
It is ordered that all men that hold land on the necke over the great River shall not sell nor lett out the same for any time whereby it may
Mr. Richard Doyle of Newbury sold March 16, 1645-6, " to Mr. Thomas Millward, mariner, five acres of upland that he bought of William Morss as it is scituate on Merrimack River." Newbury Proprietors' Records, vol. i., p. 43.
*"Ould Newbury," pp. 22, 123, 149.
t Town of Newbury Proprietors' Records, vol. i., p. 67. Aquilla Chase was living in Hamp- ton, N.H., March 7, 1643. He was one of the petitioners to the General Court who asked for a modification of the law regulating military drill in that town. (See New Hampshire Provin- cial Papers, vol. i., p. 166.)
The house owned and occupied by Aquilla Chase in Newbury was located on the north- easterly corner of Chandler's lane (now Federal street, Newburyport) and the way by Merri- mack river, now Water str "+.
# Town of Newbury Records (1637 to 1692), p. 60.
92
HISTORY OF NEWBURY
bee alienated from the towne: (this last order was made on this consid- eration, viz : - because the necke men have consented to yeld to the remoueing of the towne, and accordingly have received satisfaction at the new towne in land, for their land on the necke, and therefore have yelded up their land in the necke to the Towne).
It is ordered that all those that do accept of any lands between the great River and Stephen Dumners farme shall have and hold it on this condition that they goe not about to divide the church, or oppose the first order or agreement about the moveing of the towne .*
On the margin of the page where the above orders are re- corded is the following memorandum : -
P'snt at this meeting James Noyes, Edward Woodman, John Lowle, Hen : Short, Rich : Knight, Nich. Noyes, Will Titcomb. These orders were published Decemb : 18th, 1646.
February 7, 1646-7, more than two hundred and fifty acres of upland and marsh " on ye Iland over the little River " were granted to Richard Kent, jr., by the selectmen, he having, after a long contest, consented to the removal of the town.
FREEHOLDERS.
A person entitled, by grant, purchase, or inheritance, to a share in the common and undivided lands of Newbury was called a freeholder or proprietor. Frequent mention is made of the sale and purchase of freehold rights in the first volume of the Proprietors' Records :-
John Bond acknowledges to have sold to Christopher Bartlet the priviledg of a ffreehold in the year 1643.t
It was acknowledged by Mr Edward Rawson, Mr Edward Woodman, and Richard Knight, before the three Townsmen, Febr 20, 1649, being John Sanders, William Titcomb & Archelaus Woodman, that the hous lot that Richard Bartlet bought of Mr William Thomas, was acknowl- edged to have the priviledge of a freehold altho' it was not sett downe in the list of the ffreeholders they all acknowledged that it was forgott and accordingly gave me order to record it.
Witness, ANTHONY SOMERBY, Recorder.+
* Town of Newbury Records, 1637 to 1692, p. 60.
t Town of Newbury, Proprietors' Records, vol. i., p. 53.
# Ibid., vol. i., p. 33.
THE SETTLEMENT AT MERRIMACK RIVER 93
March 1, 1651, a committee was chosen, consisting of the selectmen, "three commissioners for small causes," and Richard Knight, to settle all claims arising from the sale or purchase of freehold rights. The committee reported : -
These persons heer under mentioned are acknowledged to be ffree- holders and to have an interest in all comons belonging to the Towne as having lawfully purchased theyr priviledges from such as had the priviledges estated on them by the Towne.
Capt Gerrish hath a freehold from Mr. Rawson .*
William Hilton from Mattox (sold to John Wright).
James Jackman from Giles Abbots.
John Tilletson from Nath Wyers.
Samuel Plumer from one of John Lowls.
William Ilsley from William Whites.
Hugh March from George Browns.
Christopher Bartlet from John Bond one wch Stephen Greenleaf hath.
Richard Thurlo from Mr Clarks.
John Chater from Henry Palmers.
George Little hath John Osgoods.
Henry Jaques from Walter Allens.
Mr Woodman from John Pembertons.
Richard Petengall from Mr Thomas.
Stephen Swet from John ffry.
Joseph Plumer from John Kelly.
Edmund Moers from John Stevens.
Richard Browne from Giles Badger.
Edmund Moers hath Richard Brownes.
John Wheeler was acknowledged to have a priviledg, and also Danie Wheeler and Aquilla Chase & Nathaniel Merrill.
Stephen Greenleaf from William ffracnkling sold now to John Webster.
John Bayley from Joseph Peasly.
John Bayley another from Wm Ilsley.
William Titcomb besides his owne hath Mr James Brownes.
Richard Bartlet besides his owne hath Mr Henry Sewall Junr. George Little hath the other of Mr John Lowls freeholds.
John Bartlet besides his owne hath Samuel Guiles. William Moody hath John Gofts.
*" Ata legall meeting of the Towne March 3, 1661-2 Capt. William Gerrish produced a deede of the purchas of Mr Rawsons farm & ffreehold in Newbury and the Towne Granted the said Capt. Gerrish to be recorded a ffreeholder uppon the said Purchas in all the Towns Comons belonging to Newbury. per ANTHONY SOMERBY, Clerc."
- Newbury Proprietors' Records, vol. i., p. 49.
.
94
HISTORY OF NEWBURY
Mr Sewals little farme hath for pembertons house from Mr Wood- mans Priviledge Amos Stickny.
Widdow Keyes on Richard Badger.
John Bishop besides the Mill Lott hath Samuel Scullards Priviledg. John Emery Jnr hath Daniel Peirces.
Mr. Coffin hath Mr Snellings.
Wm Chandler hath William Berries.
Benjamin Rolfe from Nathaniel Badger.
Richard Dole from Mr Greenleaf.
Edward Richardson purchased Nathaniel Wyers ffreehold of Joht Tilletson.
Feb. 23, 1653 James Browne from his Grandfather Mr Cuttings ffreehold.
Robert Long for four acres of dividend land and four acres which he purchased of Capt. Gerrish, bought of the towns men the right & privi- lege of a freehold .*
The towns men with the rest of the Committee above' said, meeting January the 10th 1652 about their comission found that all inhabitants was freeholders according to towne order except those whose names are here under written and these also the committee according to their power do order that they may purchase the priveledge of Commonage, each man Conditionally; every man do either lay eight akers of divident land to the Comon which they may do by purchase or else pay fifty shillings to the townsmen to purchase such land for the towns use, and no other person upon any Condition whatsoever.
John Knight Jun.
William Sawyer
Robert Longe
William Morse
Robert Rogers hath purchased
Edward Richardson Nath. Wyres of John Tilletson
Robert Morse
Henry ffay
Robert Adams Francis Ordway hath not of his
owne but at pr'sent he hath one he buyes of John Bartlet
John Hall
Joseph Downer hath his father John Knights freehold
William Randall
William Mitchil hath not liberty to purchase
William Trotter
Edward Woodman hath Thomas Davis freehold
John Knight Junr hath purchased Richard Littlehale freehold as by a bill of sale appears Novemb : 23.t
Edward Rawson and Anthony Somerby in an affidavit dated August 18, 1654, state that Richard Bartlet, senior, of
* Newbury Proprietors' Records, vol. i., p. 45.
t Town of Newbury Records, vol. i.
95
THE SETTLEMENT AT MERRIMACK RIVER
Newbury, " in consideration of a certain number of bushels of corne in hand paid and received & for ten bushels a year during his natural life," sold and conveyed to his son Richard Bartlet "his freehold & four acre lot at new towne, six acres of marsh land & five acres meadow land near the ox comon, & seven acres dividend land in the year 1646." The deed being lost, this affidavit was signed and acknowl- edged on the day above named, and afterwards recorded in the Registry of Deeds .*
March 3, 1661 laid out for Mr Henry Sewall for the two freeholds he doth enjoy, one was for his fathers and the other was Mr Edward Woodmans, ten acres of Marshland being the ninth and tenth lots &c .*
Mr. Henry Sewall acknowledged unto me, January 3, 1683, to have given his son John Sewall his freehold Priviledg of Comon wch he pur- chased of Mr. Woodman. ANTHONY SOMERBY
Cler for Newbury .*
The same day Mr Henry Sewall acknowledged to have given his son Stephen Sewall the freehold of Comon which was granted to his father, Henry Sewall deceased.t
David Wheeler, of Rowley, planter, for twenty-eight pounds sold to Caleb Moody of Newbury, maltster, all his common right or freehold belonging to the house lot "lying near to Watts his seller in Newbury," conditionally, upon the pay- ment of fourteen pounds to the said Caleb Moody before April 1, 1675. The bill of sale, dated February 13, 1672, to be void and of no effect, if the said fourteen pounds is paid. #
FREEMEN.
The charter granted "The Governor and Company of the Massachusetts Bay in New England" in 1629 provided for the organization of the company and the orderly management of its affairs, "for the imposition of lawful fines, mulcts, im- prisonment, or other lawful correction, according to the course of other Corporations § in this our realm of England," and
* Essex Deeds (Ipswich Series), vol. i., p. 184 (500).
t Town of Newbury Proprietors' Records, p. 66. # Ibid, vol. i.
§ The charter evidently conveyed the rights, privileges, and powers granted to other corpo- rations, organized and governed in England, but did not expressly confer upon the company the right to transfer its government to New England, to levy taxes, organize towns, or establish courts of justice there.
96
HISTORY OF NEWBURY
conferred upon the governor, deputy governor, and their assistants power and authority to choose or appoint such persons "as they shall think fit " to be freemen of the com- pany, to aid and assist in making "laws and ordinances for the good and welfare of said company, ... not contrary or repugnant to the laws and statutes of this our realm of England."
At a meeting of the officers and freemen of the company held in London October 29, 1629, it was voted to transfer the government and control of the company to New England.
The first Court of Assistants was held August 23, 1630, at Charlestown. The first session of the General Court was held October 19, 1630, at Boston. The law-making power was intrusted by the charter to the freemen, who were to meet four times each year to decide, by a majority vote, all questions relating to public affairs. The governor, deputy governor, and assistants, constituted a majority, if not all, of the members who were present at the first session of the General Court. They passed an order "for the establishing of the government " limiting the power and authority of the freemen, and giving to the assistants the exclusive right or elect a governor and deputy governor, "who, with the assist- ants, should have the power of making laws and choosing of- ficers to execute the same." No one was made a freeman at this session of the court, although one hundred and nine per- sons applied for admission .*
May 18, 1631, the General Court ordered that "no man shalbee admitted to the freedome of this body polliticke but such as are members of some of the churches within the lymitts of the same." t
At this session one hundred and sixteen persons, including most of those who applied in October, 1630, took the oath, and were admitted as freemen.
May 9, 1632, the order adopted October 19, 1630, in re- gard to the election of officers was modified and made accept- able to the people by an agreement that the governor and
* Massachusetts Colony Records, vol. i., pp. 79, 80. t Ibid., vol. L., p. 87.
.
97
THE SETTLEMENT AT MERRIMACK RIVER
deputy governor should, after that date, be chosen by the freemen, and not by the assistants .*
May 14, 1634, it was voted that "none but the General Court hath power to chuse and admitt ffreemen " ; ; and Sep- tember 3, 1635, all questions relating to the admission of in- habitants, or to the granting and laying out of house lots in towns, were, by order of the General Court, referred to the freemen of the several towns for settlement.
March 3, 1635-6, the General Court ordered "that noe p'son, being a member of any churche which shall hereafter be gathered without the approbation of the Magistrates & the greater p'te of the said churches, shalbe admitted to the ffreedom of this commonwealthe." §
After March 9, 1636-7, every military officer or civilian holding a position of honor or trust was compelled to take the oath of a freeman ; "for it is the intent and order of the court that no person shall henceforth be chosen to any office in the Commonwealth but such as is a freeman." ||
In answer to a petition presented by the inhabitants of the county of Middlesex, the General Court ordered, May 31, 1660, " that no man whosoeuer shall be admitted to the free- dom of this body politic but such as are members of some church of Christ, and in full com'nion, wch they declare to be ye true intent of yt anncient lawe enacted May 18, 1631." T
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