USA > Massachusetts > Essex County > Newbury > History of Newbury, Mass., 1635-1902 > Part 8
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King Charles II., in a letter to the General Court dated June 28, 1662, objected to the arbitrary provisions of this law. It was repealed August 3, 1664, and a new one en- acted, admitting to the freedom of the Commonwealth, by a majority vote of the members of the General Court, all Englishmen presenting a certificate from the minister of the place where they dwell " that they are orthodox in religion & not vitious in theire liues," and also a certificate from the selectmen that they are freeholders and pay a tax of ten shillings, or more, annually .* *
Col. Richard Nicolls, Sir Robert Carr, George Cartwright, Esq., and Samuel Maverick, Esq., commissioners sent by the
* Massachusetts Colony Records, vol. i., p. 95. t Ibid., vol. i., p. 117. #Ibid., vol. i., p. 161. § Ibid., vol. i., p. 168. il Ibid., vol. i., p. 188. T Ibid., vol. iv., part I., p. 420.
** Ibid., vol. iv., part II., p. 117.
98
·
HISTORY OF NEWBURY
king to confer with the colonial authorities in regard to alleged abuses in the administration of government in New England, endeavored to secure a modification of this law, and especially the tax qualification which they severely criticised and denounced. In a communication addressed to the Gen- eral Court they state their objections to the law, and say : -
When the King shall be enformed, as the trueth is, that not one church member in an hundred payes so much & yt in a towne of an hundred inhabitants scarse three such men are to be found, wee feare the King will rather finde himself deluded than satisfied by your late act. Though you commend, to the ministry & people, the record of the Lord for their rule, yet you did it with a provisoe that they have the approbation of the Court as appears in the same page; and wee have great reason both to thinke & say that the King & his council & the church of England, vnderstands & follows the rules in Gods word as much as their corporation .*
A few months before the above protest was presented by the commissioners the county courts were authorized, Octo- ber 19, 1664, to administer the freeman's oath to any person approved by the General Court .; After a long delay and a somewhat acrimonious discussion the commissioners re- turned to England. The king was occupied with political troubles and dissensions at home, and for many years paid but little attention to colonial affairs.
The law remained in force, notwithstanding the serious objections raised against it, until the charter of the colony was annulled, October 23, 1684.
A LIST OF THE FREEMEN OF NEWBURY.
As the residence of the freemen is not always given in the records, it is possible that some names that should appear in the following list have been overlooked.
Name.
Admitted. Mass. Colony Records.
Frauncis Plumer.
May 14, 1634. Vol. i., pp. 368, 369.
Thomas Hale.
May 14, 1634. Vol. i., pp. 368, 369.
John Eales. May 14, 1634. Vol. i., pp. 368, 369.
* Massachusetts Colony Records, vol. iv., part II., p. 205.
t Ibid., vol. iv., part I., p. 134.
99
THE SETTLEMENT AT MERRIMACK RIVER
Name.
Admitted.
Mass. Colony Records.
Christopher Hussey.
May 14, 1634.
Vol. i., pp. 368, 369.
Mr John Spencer.
Sept. 3, 1634.
Vol. i., pp. 369, 370.
Henry Shorte.
Sept. 3, 1634.
Vol. i., pp. 369, 370.
Phillip Fowler.
Sept. 3, 1634.
Vol. i., pp. 369, 370.
Mr Tho: Parker.
Sept. 3, 1634.
Vol. i., pp. 369, 570.
Mr Nicholas Easton.
Sept. 3, 1634. Vol. i., pp. 369, 370.
Mr James Noise.
Sept. 3, 1634.
Vol. i., pp. 369, 370.
John Webster.
March 4, 1634-5.
Vol. i., p. 370.
Rich : Kent.
March 4, 1634-5.
Vol. i., p. 370.
John Clerke.
May 6, 1635.
Vol. i., pp. 370, 371.
Rich Browne.
May 6, 1635.
Vol. i., pp. 370, 371.
Willm Moody.
May 6, 1635.
Vol. i., pp. 370, 371.
Mr Steven Batchelr
May 6, 1635.
Vol. i., pp. 370,371.
Willm Mosse.
March 3, 1635-6. Vol. i., p. 371.
Richrd Knight.
May 25, 1636.
Vol. i., p. 371.
Anthony Mosse.
May 25, 1636.
Vol. i., p. 371.
John Saunders.
May 25, 1636.
Vol. i., p. 371.
James Browne.
May 25, 1636.
Vol. i., p. 371.
Edmond Marshall.
May 17, 1637.
Vol. i., p. 373.
Henry Seawall, Junior.
May 17, 1637.
Vol. i., p. 373.
Thomas Smythe.
May 17, 1637.
Vol. i., p. 373.
Nicolas Holt.
May 17, 1637.
Vol. i., p. 373.
Nicolas Noise.
May 17, 1637.
Vol. i., p. 373.
Archelaus Woodman.
May 17, 1637.
Vol. i., p. 373.
James Browne.
May 17, 1637.
Vol. i., p. 373.
John Bartlet.
May 17, 1637.
Vol. i., p. 373.
Robert Pike.
May 17, 1637.
Vol. i., p. 373.
Thomas Coleman.
May 17, 1637.
Vol. i., p. 373.
John Cheney.
May 17, 1637.
Vol. i., p. 373.
Edward Rawson.
March, 1637-8.
Vol. i., p. 374.
Daniell Peirce.
May 2, 1638.
Vol. i., p. 374.
Abraham Tappin.
May 2, 1638.
Vol. i., p. 374.
Henry Lunt.
May 2, 1638.
Vol. i., p. 374.
Thomas Hale.
Sept. 7, 1638. Vol. i., p. 374.
Richrd Singletery.
Sept. 7, 1638.
Vol. i., p. 374.
Christopher Batte.
March 13, 1638-9.
Vol. i., p. 375.
Edmond Greenliffe.
March 13, 1638-9.
Vol. i., p. 375.
Thomas Moulton.
March 13, 1638-9.
Vol. i., p. 375.
Steven Dumer
May 22, 1639.
Vol. i., p. 375.
John Osgood.
May 22, 1639.
Vol. i., p. 375.
John Goffe.
May 22, 1639.
Vol. i., p. 375.
John Mussellwhit.
May 22, 1639.
Vol. i., p. 375.
Steven Kent.
May 22, 1639.
Vol. i., p. 375.
John Rimington.
May 22, 1639.
Vol. i., p. 375.
-
100
HISTORY OF NEWBURY
Name.
Admitted. Mass. Colony Records.
Thomas Browne.
May 22, 1639.
Vol. i., p. 375.
John Moulton.
May 22, 1639.
Vol. i., p. 375-
John Clarke.
May 22, 1639.
Vol. i., p. 375.
John Roffe.
Sept. 6, 1639.
Vol. i., p. 376.
Anthony Sadler.
Sept. 6, 1639.
Vol. i., p. 376.
Thomas Masie.
Sept. 6, 1639.
Vol. i., p. 376.
John Oliver.
May 13, 1640.
Vol. i., p. 376.
John Saunders.
May 13, 1640.
Vol. i., p. 376.
John Lowell.
June 2, 1641.
Vol. i., p. 378.
Thom : Davies.
June 2, 1641.
Vol. i., p. 378.
John Emery.
June 2, 1641.
Vol. i., p. 378.
Samu: Plumer.
June 2, 1641.
Vol. i., p. 378.
John March.
May 18, 1642.
Vol. ii., p. 291.
Richrd Knight.
May 18, 1642.
Vol. ii., p. 291.
John Cooper.
May 18, 1642.
Vol. ii., p. 291.
John Stevens.
May 18, 1642.
Vol. ii., p. 291.
Willi: Stevens.
May 18, 1642.
Vol. ii., p. 291.
Antho : Sommersbey.
May 18, 1642.
Vol. ii., p. 291.
Henry Sommersbey.
May 18, 1642.
Vol. ii., p. 291.
William Berry.
May 18, 1642.
Vol. ii., p. 291.
Samu : Guil.
May 18, 1642.
Vol. ii., p. 291.
Abell Hews.
May 18, 1642.
Vol. ii., p. 291. Salem Court Records.
William Gerrish.
July 9, 1645.
Book II., leaf 174. .
Ipswich Court Recoras ..
Christopher Bartlet.
Sept. 29, 1646.
Book I., leaf 4.
John Pore.
March 28, 1648.
Book I., leaf 11. Mass. Colony Records.
John Saunders.
May 22, 1650.
Vol. iv., part I., p. 459. Ipswich Court Records.
Tho: Milward.
Sept. 7, 1650.
Book I., leaf 21.
John Knight.
Sept. 7, 1650.
Book I., leaf 21.
Ben : Swet.
Sept. 7, 1650.
Book I., leaf 21.
John Chattor (Cheater ?).
March 25, 1651.
Book I., leaf 23. Mass. Colony Records.
William Hilton.
May 18, 1653.
Vol. iv., part I., p. 460.
John Kent.
May 3, 1654.
Vol. iv., part I., p. 460. Ipswich Court Records.
Nath : Weare, Senior.
March 28, 1654.
Book I., leaf 44.
Rich : Dole.
March 28, 1654.
Book I., leaf 44.
John Emery, Jr.
March 28, 1654.
Book I., leaf 44.
Rich : Bartlett.
March 28, 1654.
Book I., leaf 44.
Will : Bartlett.
Book I., leaf 44.
Will: Cottell.
March 28, 1654. March 28, 1654.
Book I., leaf 44.
IOI
THE SETTLEMENT AT MERRIMACK RIVER
Name.
Admitted.
Ipswich Court Records.
Tho: Bloomfield.
March 28, 1654.
Book I., leaf 44.
Tho Seers.
March 28, 1654.
Book I., leaf 44.
Will : Chandlour.
March 28, 1654.
Book I., leaf 44.
John Davis.
March 28, 1657.
Book I., leaf 44. Book I., leaf 59.
Joseph Noyes.
March 31, 1657.
Joseph Muzzey.
March 31, 1657.
Book I., leaf 59.
John Webster.
Sept. 29, 1657.
Tho: Hale.
Sept. 28, 1658.
Book I., leaf 63. Book I., leaf 69.
John Allen.
March 29, 1659.
Book I., leaf 72.
Solomon Keyes.
March 29, 1659.
Book I., leaf 72.
Robert Addams.
March 27, 1660.
Abraham Merrill.
Sept. 30, 1662.
Dani: Pearse.
May 27, 1663.
Shubal Dumer.
May 3, 1665.
Samuel Moody.
May 23, 1666.
Caleb Moody.
May 23, 1666.
Wm Peelsbury .*
April 29, 1668.
Vol. iv., part II .. p. 583.
James Ordaway .*
April 29, 1668.
Vol. iv., part II., p. 583.
Nath : Clarke .*
April 29, 1668.
Vol. iv., part II .. p. 583.
Tristram Coffin.t
April 29, 1668.
Vol. iv., part II., p. 583. Vol. iv., part II., p. 583. Vol. iv., part II., p. 583.
Jno Kent.
May 19, 1669.
Jnº Bartlet, Jun.
May 19, 1669.
Vol. iv., part II., p. 583.
Jno Wells.
May 19, 1669.
Vol. iv., part II., p. 583
Abiel Somersby. #
May 19, 1669.
Vol. iv., part II., p. 583.
Henry Jacquish. #
May 19, 1669.
Vol. iv., part II., p. 583.
* William Pilsbury, James Ordway, and Nathaniel Clarke, " church members of Newbury, desire ye priveledge to be made freemen." " Attest, Henry Sewall." Admitted May 14, 1668. (Massachusetts Archives, vol. cvi., p. 48 ;. )
" Wm Pilsbury took the oath of a freeman Sept. 29, 1668." (Ipswich Court Records, book II., leaf 79.)
James Ordway was sworn before Robert Pike, commissioner, February 26, 1668-9. (Nor- folk Deeds, book II., p. 143.)
t "To the Honored Gov. Deputy Gov. Magistrates & Deputyes in Generall Court assem- bled the 29 of April 1668.
" We hereby certify that Tristram Coffin is an Orthodox member of the church of Newbury and a householder in all respects qualified for admission to the freedom of this jurisdiction as the Law directeth.
" I judge the foresaid Tristram Coffin to be orthodox, and he also is a member of our church. THOMAS PARKER. " Admitted to freedom " 22. 3m0 68 "E. R[awson] S [ecretary]
" RICHARD KENT. " RICHARD DOLE. " JOHN KNIGHT. "DANIEL PIERCE." - Massachusetts Archives, vol. cvi., p. 4$7.
#" James Kent, Abiell Somerby, and Henry Jaquis admitted to be freemen by the general Court took the freeman's oath April 18, 1671 at the Ipswich Court." (Book 1[., leaf 142.) "To the Honoured Court : Wee the selectmen of Newbury according to law do present
NEWBER
LIBRARY
Book I., leaf 84. Book I., leaf 109. Mass. Colony Records. Vol. iv., part II., p. 581. Vol. iv., part II., p. 582. Vol. iv., part II., p. 582. Vol. iv., part II .. p. 582.
James Kent. +
May 19, 1669.
102
HISTORY OF NEWBURY
Name.
Admitted.
Mass. Colony Records. Vol. iv., part II., p. 583.
John Bayley .*
May 19, 1669.
Joseph Plumer.t Benj: Rolfe.t
May 11, 1670.
May 11, 1670.
John Poore Jun.t
May 11, 1670.
Franc: Thurlo.t
May 11, 1670.
Nicho : Batt.t
May 11, 1670.
Job Pilsbury. t
May 11, 1670.
Vol. iv., part II., p. 584.
Paul White.
May 31, 1671.
Vol. iv., part II., p. 585.
Tho: Noyes.
May 31, 1671.
Vol. iv., part II., p. 585.
Jonathan Morse.
May 31, 1671.
Vol. iv., part II., p. 585.
James Smith.
May 31, 1671.
Vol. iv., part II., p. 585. Vol. iv., part II., p. 585.
John Knight, Jun.
May 31, 1671.
Vol. iv., part II., p. 585.
Mr. Joseph Gerrish.
May 7, 1673.
Vol. iv., part II., p. 586. Vol. iv., part II., p. 586.
James Bayley.
May 7, 1673.
Vol. iv., part II., p. 586.
Dani : Cheny.
May 7, 1673.
Vol. iv., part II., p. 586.
Joseph Browne.#
May 7, 1673.
Vol. iv., part II., p. 586. Vol. iv., part II., p. 586.
Moses Pilsbury.
May 7, 1673.
Vol. iv., part II., p. 586.
Benja: Morse.
May 7, 1673. Vol. iv., part II., p. 586.
Sam: Bartlet.
May 7, 1673-
Vol. iv., part II., p. 586.
John Noyes.#
Jan. 9, 1673-4.
Vol. iv., part II., p. 587.
Cutting Noyes.#
Jan. 9, 1673-4.
Vol. iv., part II., p. 587.
John Lunt.#
Jan. 9, 1673-4.
Vol. iv., part II., p. 587.
Abra: Adams .;
Jan. 9, 1673-4.
Vol. iv., part II., p. 587.
John Badger.#
Jan. 9, 1673-4
Vol. iv., part II., p. 587.
Joseph Gerrish.#
Jan. 9, 1673-4.
Vol. iv., part II., p. 587.
Henry Jacquish, John Kelly, Benjamin Rolfe [ . .. ] being in ffull communion with the church in Newbury And Orthodox in Religion, Desire to be made free "6th May '69.
" Allowed June 2, 1669.
" RICHARD DOLE. " JOHN KNIGHT. "TRISTRAM COFFIN."
- Massachusetts Archives, vol. cvi., leaf 490.
* John Bayley, Benjamin Lowell, John Wells and John Bartlet, jr., took the oath before Robert Pike, commissioner, October 2, 1669. (Norfolk Deeds, book II., leaf 143.)
"To the honored Court: John Bayley an Ancient inhabitant and member in full communion with the church of Newbury desires admission to the freedom of this jurisdiction.
" That John Bayley is as above exprest is attested by me "MAY 22, 1669."
" JOSEPH HILLS. - Massachusetts Archives, vol. cvi., leaf 489.
t " Benjamin Roffe, John Poore, Jun, ffrances Thurlay, Nicholas Batt, Job Pilsbury & Samuel (?) Plumer of Newbury being returned by the Secretary took the oath of freeman, Sept. 27, 1670." (Ipswich Court Records, book II., leaf 125.)
#".Jno Badger, Jno Lunt, John Noyes, Cuting Noyes, Jos Gerrish, Jos Browne of Newbury being admitted to the freedom this colony took the freemans oath March 31, 1674." (Ipswich . Court Records, book II., leaf 240.)
#38WIM
V
Benja : Lowell.
May 19, 1669.
Vol. iv., part II., p. 583. Vol. iv., part II., p. 584. Vol. iv., part II., p. 584. Vol. iv., part II., p. 584. Vol. iv., part II., p. 584. Vol. iv., part II., p. 584.
John Smith.
May 31, 1671.
Elisha Elsie (Ilsley ?)
May 7, 1673.
Sam : Poore.
May 7, 1673.
103
THE SETTLEMENT AT MERRIMACK RIVER
Name.
Admitted.
Mass. Colony Records.
John Sewall.
May 12, 1675.
Vol. v., p. 536.
John Richardson.
May 12, 1675.
Vol. v., p. 536.
Sam: Sayer.
May 12, 1675.
Vol. v., p. 536.
Benja Morse.
May 12, 1675. .
Vol. v., p. 536. Ipswich Court Records.
Tho: Wells.
Sept. 28, 1675.
Book II., leaf 271.
Joseph Morse.
Sept. 28, 1675.
Book II., leaf 271. Mass. Colony Records.
Rich. Dumer Jun .*
May 23, 1677.
Vol. v., p. 537.
Hen : Short .*
May 23, 1677.
Vol. v., p. 537.
Steph : Greenleaf.
May 23, 1677.
Vol. v., p. 537.
Jacob Topan .*
May 23, 1677.
Vol. v., p. 537.
Rich : Bartlet, Jun. *
May 23, 1677.
Vol. v., p. 537.
Jno : Dole.
Oct. 15, 1679.
Vol. v., p. 539.
Ipswich Court Records.
John Sewall.
April 15, 1679.
Book II., leaf 340.
Charles Annis.
April 15, 1679.
Book II., leaf 340.
John Pengitta (Pettingell?) April 15, 1679.
Book II., leaf 340.
Caleb Boynton.
March 29, 1681.
Book II., leaf 362.
Mass. Colony Records.
Daniel Lunt.
Feb. 7, 1682-3.
Vol. v., p. 541.
Daniel Merrill.
Feb. 7, 1682-3.
Vol. v., p. 541.
Wm. Moody.
Feb. 7, 1682-3.
Vol. v., p. 541.
George March.
May 16, 1683.
Vol. v., p. 542.
Joseph Knight.t
Feb. 13, 1683-4.
Vol. v., p. 542.
Tymothy Noys.
Feb. 13, 1683-4.
Vol. v., p. 542.
James Jackman.
Feb. 13, 1683-4.
Vol. v., p. 542.
Wm Elsly.t
Feb. 13, 1683-4.
Vol. v., p. 542.
Danel Merrill.
May 7, 1684.
Vol. v., P. 542.
Jnº Bartlet.
May 7, 1684.
Vol. v., p. 542.
COMMISSIONERS TO END SMALL CAUSES.
May 6, 1646, the General Court adopted the following order : " Mr. Edwd Rawson, M' Woodman, & Hen : Shorte, whom Newbury have chosen to be orders of their affaires, are authorized to end small causes ; "# and the next year, under the date of May 26, 1647, " Mr. James Browne, Mr. John
*" Jacob Topan, Rich : Bartlet Rich: Dumer Jun and Henry Short took the freemens oath March 26, 1678." (Ipswich Court Records, book II., leaf 300).
t " Joseph Knight, William Ellsly & John Gilbert (?) of Newbury being by the certificate from ye secretary allowed to be freemen, took ye oath March 25, 1684" (Ipswich Court Records book III., leaf 22)
# Massachusetts Colony Records, vol. ii., p. 143.
104
HISTORY OF NEWBURY
Lowle, & Henry Shorte " were appointed to end small causes at Newbury .*
Subsequently the county courts and Court of Assistants were authorized to license the commissioners for small causes " wth clarks of ye writs." i
April 27, 1648, " M' James Browne, Mr William Gerrish & William Titcombe" were chosen by the inhabitants of Newbury "for the ending of small causes in this town for this year." #
At a general town meeting held April 19, 1649, "M" William Gerrish, Mr Woodman, & John Pike were chosen to end small causes in this towne for the year ensuing." #
May 23, 1650, "vppon the request of the towne of New- berry, Edward Woodman, William Gerrish & Richard Kent are appoynted to end small causes there according to law." §
At the county court held in Ipswich March 25, 1651, William Gerrish and John Pike, jr., appeared, and were sworn " commissioners to end small causes at Newberry." Mr. Ed- ward Woodman was also named commissioner, but was not sworn at that date. ||
March 29, 1653, "Capt. Gerrish sworn commissioner to end small causes in Newbury." IT .
" March 28, 1654, Capt Gerrish, Nicholas Noyes, and John Pike were sworn commissioners to end small causes in Newberry." * *
" March 27, 1655, William Tittcum and Harchales Wood- man sworn commissioners for Newbury." tt
March 25, 1656, Edward Woodman, Nicolas Noyce, and John Pike sworn commissioners to end small causes in Newbury. ##
November 26, 1656, Capt. William Gerrish sworn commis- sioner, etc., for Newbury." §§
* Massachusetts Colony Records, vol. ii., p. 191.
John Lowell died June 29, 1647. "Sept. 28, 1647 John Saunders appointed to be in the room of Mr Lole to end small causes at Newberry." (Ipswich Court Files, vol. i., p. Io.)
t Massachusetts Colony Records, vol. ii., p. 188.
# Town of Newbury Records, vol. i.
§ Massachusetts Colony Records, vol. iii., p. 194
Il Ipswich Court Records, vol. i., p. 23.
5 Ibid., vol. i., p. 32.
** Ibid., vol. i., p. 44.
tt Ibid., vol. i., p. 49. ## I bid., vol. i., p. 55.
§§ Salem Court Records, vol. iv., p. 20.
105
THE SETTLEMENT AT MERRIMACK RIVER
March 31, 1657, Nicholas Noyse and John Pike sworn com- missioners for Newbury. *
March 27, 1659, Mr. Nicolas Noyse sworn commissioner, etc., for Newbury. +
September 25, 1660, Mr. Edward Woodman, Capt. Will- iam Gerrish, and Lieut. John Pike sworn commissioners, etc., for the year ensuing. ¿
March 26, 1661, Capt. William Gerrish sworn commissioner to end small causes at Newbury. §
March 25, 1662, Capt. William Gerrish and Mr. Edward Woodman and Nicolas Noyse, chosen to end small causes at Newbury.
Capt. Gerrish and Nicholas Noyse sworn. ||
March 7, 1663, " Mr Woodman, Capt Gerrish & Nicholas Noyes chosen commissioners for small causes for the year ensuing." TT
March 6, 1664-5, Mr. [Edward] Woodman, Capt. [Will- iam] Gerrish, and Nicholas Noyes were chosen .**
March 5, 1665-6, Capt. [William] Gerrish, Mr. [Joseph] Hills, and Nicholas Noyes chosen .**
March 4, 1666-7, Capt. [William] Gerrish, Mr. [Joseph ] Hills, and Nicholas Noyes chosen .**
March 2, 1667-8, Capt. [William] Gerrish, Mr. [Joseph] Hills, and Nicholas Noyes chosen .*
March 1, 1668-9, Capt. Gerrish, Mr. Hills, and Nicholas Noyes chosen .**
March 7, 1669-70, Mr. Woodman, Mr. Dumer, and Will- iam Titcomb chosen .**
September 19, 1670, " M" Rich : Dumer, Mr Edw : Wood- man, & Will. Titcomb nominated as commissioners to be ap- pointed by the county court." **
March 6, 1670-71, Archelaus Woodman, William Titcomb, and Samuel Plumer chosen commissioners for small causes, to be approved by the county court .**
March 4, 167 1 -- 2, Mr. Richard Dumer, sr., Lieut. Arche- laus Woodman, and William Titcomb, nominated as commis- sioners of small causes to the county court. **
* Ipswich Court Records, vol. i., p. 59. t Ibid., vol. i., p. 76. # Ibid., vol. i., p. 88. § Ibid., vol. i., p. 93. Il Ibid., vol. i., p. 108.
T Town of Newbury Records. ** 1bid., vol. i.
106
HISTORY OF NEWBURY
March 3, 1672-3, Capt. Gerrish, Nicholas Noyes, and Lieut. Woodman were nominated commissioners. *
March 2, 1673-4, Capt. Gerrish, Lieut. Woodman, and Nicholas Noyes were nominated commissioners .*
March 1, 1674-5, Capt. Gerrish, Lieut. Woodman, and Nicholas Noyes were nominated commissioners. *
March 6, 1675-6, Capt. Gerrish, Nicholas Noyes, and Lieut. Archelaus Woodman were nominated commissioners .*
March 5, 1676-7, Mr. John Woodbridg, Nicholas Noyes, and Daniel Peirce, jr., were nominated commissioners. *
March 27, 1677, Mr. John Woodbridge, Nicholas Noyes, and Daniel Pearce, jr., are allowed to be commissioners to end small causes at Newbury.t
Salem, 29: 9: 1681 This court receiving a motion of the Constable of Newbury for persons to be allowed for commissioners of small causes in that towne, the Court doth appoint Capt Daniell Pearce, Mr Nicholas Noyes & Sergt Tristram Coffin to be commissioners in said causes ac- cording to law for this year, they taking the oath appointed by the general court before any magistrate. #
March 16, 1685-6, Capt. Daniell Peirce, Lieut. Stephen Greenleaf, sr., and Capt. Thomas Noyes were nominated as commissioners for small causes.§
SPECIAL MAGISTRATES.
May 19, 1669, the General Court appointed special magis- trates for the towns of Dover and Portsmouth, to try criminal cases, take testimony on oath, swear constables, take acknowl- edgments of deeds, and officiate at marriages. The same day Capt. Nathaniel Saltonstall of Haverhill, Capt. Robert Pike of Salisbury, and Mr. Samuel Dalton of Hampton were au- thorized to do "wthin their respective townes where they liue & not elsewhere, whateuer any magistrate may legally doe " li
*Town of Newbury Records.
t Ipswich Court Records, vol. ii., p. 287.
* Salem Court Records, vol. v., p. 24.
§ Town of Newbury Records.
|| Massachusetts Colony Records, vol. iv., part I., p. 424.
107
THE SETTLEMENT AT MERRIMACK RIVER
Twelve months later the selectmen of Newbury presented the following petition to the General Court, dated May I I, 1670 :-
To ye Honobe Generall Court assembled at Boston.
The Humble request of the Selectmen at Newbury is that inasmuch as their Towne is remote from any Towne where a magistrate dwells ; that Mr Woodman may be Impowrd with Magisterriall powr in this Towne as other Townes have to the Eastward.
1 JOHN BARTLET. WILLIAM CHANDLER. EDM. MORSE. SAM. PLUMER. CALEB MOODY .*
The indorsement on this petition indicates that it failed to receive the approval of the General Court : "The deputies consent "; "the magistrates consent not."
June 1, 1677, Mr. John Woodbridge, sr., was authorized by the General Court to take acknowledgments of deeds and serve as magistrate in the town of Newbury for the year ensuing ; and this appointment was renewed May 9, 1678, for one year. t
May 28, 1679, Mr. John Woodbridge's commission as magistrate for Newbury was again renewed ; and he was also appointed, at the same time, one of the associate magistrates for the county of Essex for the year ensuing. #
May 26, 1680, the appointment of Mr. Woodbridge was again brought to the attention of the General Court. The magistrates adopted the following order :-
This court considering the remoteness of Newbury from any author- ity to act as a magistrate & the benefit that they, by their information, have found in the help they have had by Mr Jno. Woodbridge being invested with magistraticall authority do hereby renew his said com- mission. §
The deputies declined to concur with the magistrates in the adoption of this order, and the office remained vacant during the year 1680.
* Massachusetts Archives, vol. xxxix., p. 376.
t Massachusetts Colony Records, vol. v., pp. 145 and 187 # Ibid., vol. v., p. 226. § Massachusetts Archives, vol. xxxix., leaf 659.
108
HISTORY OF NEWBURY
At a legal meeting of the inhabitants of Newbury, held October 19, 16SI, it was voted that the name of Mr. John Woodbridge should again be presented to the General Court, and "that the selectmen, in behalf of the town, should peti- tion the Court for granting him magistratical powers." *
October 11, 1681, John Richardson, Daniel Poore, Richard Dummer, Tristram Coffin, Caleb Moody, Thomas Noyes, Anthony Somerby, Francis Brown, and other inhabitants of the town of Newbury petitioned the General Court for the appointment of John Woodbridge as magistrate, to take depositions and acknowledgments, and also to have authority to reform abuses and solemnize marriages. " In consequence of the largeness of the town and the frequent concours of vessels," they consider the appointment of a special magis- trate necessary, and recommend " Mr. John Woodbridge as ye fittest and most able person for such a work in this place." The magistrates voted to grant this petition, but the deputies "consented not." +
In a petition dated February 15, 1681-2, "to the court now sitting in Boston," Samuel Plumer, Joseph Pike, George March, and Moses Gerrish, selectmen, state that the town of Newbury is greatly inconvenienced for want of a magistrate, and therefore ask that one of the three commissioners ap- pointed to end small causes in Newbury may be authorized to punish criminals, and do what any other magistrate may do .¿ This petition was not agreed to by the magistrates and deputies. .
May 16, 1683, John Woodbridge was chosen an "assist- ant " to the General Court, and by virtue of that office was invested with magisterial power.§ May 7, 1684, he was again chosen ; and, June 4, 1685, upon motion of Richard Bartlet, deputy from Newbury, "Mr. John Woodbridge was author- ized to administer oaths and join persons in matrimony." []
" December 24, 1690 Mr. John Woodbridge and Capt. Daniel Pierce of Newbury, and each of them are impowered
* Town of Newbury Records.
t Massachusetts Archives, vol. cxii., leaf 328. # Ibid., vol. xxxix., leaf 726.
§ Massachusetts Colony Records, vol. v., p. 407.
Il Ibid., vol. v., p. 483.
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