History of Newbury, Mass., 1635-1902, Part 9

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 9


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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109


THE SETTLEMENT AT MERRIMACK RIVER


to join Persons together in marriage in that Town according to the Direction of ye Laws in that behalf made." *


TOWN OFFICERS.


At a meeting of the inhabitants of Newbury held in April, 1647, Abraham Toppan, Anthony Somerby, Henry Short, Nicholas Noyes, Richard Kent, jr., John Pike, jr., and Stephen Kent were chosen "to act in ye Prudential affaires of ye Towne for one whole yeare from ye date hereof." ¡


John Pemberton was chosen constable; and Nicholas Noyes, William Titcomb, and Stephen Kent were chosen way- wardens, or surveyors of the highway.


April 27, 1648, John Pike, jr., Nicholas Noyes, and Wil- liam Titcomb were chosen to attend to the prudential affairs of the town. Archelaus Woodman was chosen constable, William Moody and John Bartlett, way wardens, t and William Ilsly and Robert Coker, haywards.


The same day, " It was ordered that the meeting for the election of town officers should be held hereafter on the first Monday in March of each year." }


April 19, 1649, John Saunders, William Titcomb, and Archelaus Woodman were chosen " to act in ye prudential affaires of the town according to the former commission given them from the Towne, for this yeare ensuing." }


The same day John Bartlett was chosen constable, John Pemberton, Henry Short, and William Ilsley, way wardens, and John Swett, leather searcher.


It was also ordered that such men as are chosen to bee way wardens should have such power as the Towne can conferre upon them to im- pose any fine, under ten shillings, upon any person or persons that are delinquent about the services of the highway, the one halfe to bee to the use of the way wardens & the other halfe to such as doe the work provided that they give sufficient warning.t


There is no record of the election of officers nor of any meeting of the freemen of the town, with one or two excep-


* Mass. Archives, vol. xxxvi., p. 260.


t Town of Newbury Records, vol. i.


.


. IIO


HISTORY OF NEWBURY


tions, from the year 1649 to 1663. The pages on which the votes and orders were recorded for nearly fifteen years have probably been destroyed, by accident or design, and therefore a complete list of the town officers cannot be given.


" March 7, 1663-4, there was chosen to act the prudentialls of the Towne for this yeare Archelaus Woodman, William Titcomb, Henry Jaques, Leift John Pike & John Cheny Senr." William Chandler chosen constable.


March 6, 1664-5, John Merrill, Daniel Peirce, Sent, John Knight, Junr, Samuel Plumer, & Thomas Hale, Junr, chosen to attend to the prudential affaires of the town. Samuel Moody constable. Capt. Ger- rish & Daniel Peirce, way wardens.


March 5, 1665-6, John Poore, William Ilsley, Leift Pike, Robert Coker, and Richard Kent, Selectmen. Caleb Moody, Constable. John Baily, Samuel Moody, & Edward Richardson, Surveyors of Highways.


March 4, 1666-7, Leift Pike, William Ilsley, Abraham Tappan, Wil- liam Titcomb, & Archelaus Woodman, Selectmen. Thomas Hale Senr, William Pillsbury, & Robert Coker, Surveyors of Highways. William Chandler, Culler of Staves.


March 2, 1667-8, Richard Dole, Tristram Coffin, Richard Kent, John Knight, Junr, & Daniel Peirce, Selectmen. Nathaniel Clarke, Constable. John Webster, Robert Adams, John Merrill, & John Emery, Senr, Sur- veyors of Highways.


March 1, 1668-9, John Poore, Sent, Richard Dole, John Knight, Tris- tram Coffin, & John Bartlet, Senr, Selectmen. Daniel Peirce, junior, Constable.


March 7, 1669-70, John Bartlett, Senr, William Chandler, Edward Moores, Samuel Plumer, & Caleb Moody, Selectmen.


May 21, 1670, Daniel Peirce, Senr, Thomas Hale, Senr, & Hugh March, Surveyors of Highways. "Ordered to mend only the country hy-ways."


Sept. 19, 1670, Capt. Gerrish, and Daniel Peirce Senior, Surveyors of Highways.


March 6, 1670-71, Mr. Richard Dumer, Steven Greenleaf, Caleb Moody, John Emery, Junior, & Samuel Moody chosen to attend to the prudential affairs of the town.


Sept. 20, 1671, Samuell Plumer chosen constable.


March 4, 1671-2, Mr. Richard Dumer, Senr, Thomas Hale, Junr, En- sign Greenleafe, Richard Bartlet, & John Bayly chosen to attend to the prudential affairs of the town. Capt. Gerrish, Mr. Peirce, & Peter Cheny, way wardens.


Sept. 17, 1672, Benjamin Rolfe, Constable.


March 3, 1672-3, Samuell Plumer, Daniel Peirce, Junr, Anthony


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III


THE SETTLEMENT AT MERRIMACK RIVER


Somerby, Richard Bartlet, Rich : Dole, chosen to attend to the pruden- tial affairs.


Aug. 29, 1673, John Baily, Constable.


March 2, 1673-4, Daniel Peirce, Junr, John Emery, Junr, Samuel Moody, Ensign Greenleafe, & Anthony Somerby chosen to attend to the prudential affairs.


March 18, 1673-4, John Baily, John Webster, Robert Coker, & Thomas Hale, Senior, way wardens, " and such persons as have bin be- hind these two years shall attend when Capt Gerrish calls them to it to mend the way from the meeting-house to the mill."


March 1, 1674-5, Anthony Somerby, Ensign Greenleafe, Daniel Pierce, Junt, Robert Long, & Nicholas Noyes chosen to attend to pru- dential affairs.


March 6, 1675-6, William Titcomb, Henry Jaques, ffirancis Browne, Benjamin Rolfe, & Peter Cheney, Selectmen. Joseph Pike, Constable. Henry Jaques, Thomas Hale, Sent, & James Ordway, Surveyors of High- ways.


March 5, 1676-7, Mr Thomas Noyes, Henry Jaques, Peter Cheny, Joseph Baily,,& Anthony Somerby, Selectmen. Joseph Pike, Constable. Thomas Hale, Sent, George Little, William Sawyer, & Robert Coker, Surveyors of Highway. John Poore, Sent, Surveyor Highways on ye necke. Anthony Morse & Steven Swett, Sealers of Leather.


March 4, 1677-8, Nicholas Noyes, Anthony Somerby, Thomas Hale, Junr, Daniel Peirce, & Henry Short, Selectmen. Joseph Pike, Constable.


March 3, 1678-9, Henry Jaques, Capt. Daniel Peirce, Peter Cheney, ffrancis Browne, & Anthony Somerby, Selectmen. Joseph Pike, Con- stable.


March 26, 1679, Moses Pillsbury and Steven Swett, Sealers of Leather.


June 18, 1679, Abraham Adams, Thomas Hale, Junr, William Pils- bury, & Robert Coker, Surveyors of Highways.


March 1, 1679-80, Mr Richard Dumer, Capt. Daniel Peirce, Tristram Coffin, Peter Cheny, & Anthony Somerby, Selectmen. Joseph Pike,* Constable.


March 24, 1679-80, John Emery, John Webster, Abraham Adams, Thomas Hale, Junr, and John Knight, Surveyors of Highways.


Aug. 30, 1680, Hugh March, Sent, chosen clark of the market to seal weights and measures, " and see that they be according to the standard."


March 7, 1680-81, Joseph Pike, Samuel Plumer, George March, Nicholas Noyes, & Moses Gerrish chosen Selectmen. Mr. Richard Dumer, Tristram Coffin, & James Ordway, Way Wardens.


* Mr. Thomas Noyes was chosen constable, but evidently did not wish to serve. "The Towne voted that Joseph Pike should serve the Towne this yeare in the office of constable, Mr. Noyes giving him forty shillings & the towne twenty shillings." (Town of Newbury Records.)


II2


HISTORY OF NEWBURY


March 1. 1681-2, Nathaniel Clarke, John Bartlet, Sen., Francis Browne, Joseph Bailey, & James Ordway chosen Selectmen.


March 13, 1682-3, Mr Henry Short, Mr Thomas Noyes, Mr Richard Dumer, Joseph Bally, & Capt. Daniel Peirce, Selectmen.


" Mr. Dumer, Tristram Coffin & Ensign Steven [Coffin ?] appointed standing wa - wa lens to see that every inhabitant do their part on the hye wayes."


March 11, 1683-4, Mr Nicholas Noyes, Abraham Adams, Abraham Merrill, Joseph Pike, & Robert Long, Selectmen.


March 10, 1684-5, Capt. Thomas Noyes, Abraham Merrill, Caleb Moody, Ensign Greenleaf, John Kent, Senr, chosen Selectmen. John Badger, Constable.


March 9, 1685-6, Henry Short, Sergt John Badger, Benjamin Morse, Sergt Joseph Little, & Sergt Cutting Noyes were chosen Selectmen.


March 16, 1685-6, Joseph Ilsley and Moses Pilsbery, Constables.


October 26, 1686, Henry Jaques, Sergt John Emery and Corp. Abra- ham Adams, way wardens.


April 22, 1690, the following persons were chosen Surveyors of the highways : " Joseph Knight for the old Towne, Joshua Mors for the midle sd Towne, John Emery, Junr for ye new Towne, & Joseph Good- ridge for the farms." *


SELECTMEN.


The duties and responsibilities of the selectmen were evi- dently undefined and unlimited until May 21, 1669, when the town adopted the following rules and regulations : -


I. The Selectmen shall have power to call the town together.


2. To order the business for the herds and to make Mr Parkers Rate of {So pr ann.


3. They shall prohibit of all felling of the Towns timber for trans- port.


4. They shall make Rates for the necessary expenses of the Towne & also to make the County & Country Rates.


5. To repair the meeting house, pound & stocks.


6. To looke that all strangers that come into the Towne, that they may have warning to depart in due season and to serve it according to law in & about the Towne.


7. They shall do nothing else without calling the Towne together to have their approval.


8. They are to give up their accounts at the [end of the year] to the Towne. And also to [ J." t


* Town of Newbury Records. t Ibid., vol. i.


II3


THE SETTLEMENT AT MERRIMACK RIVER


In 1677, the sixth rule was amended, and the selectmen were instructed " To prohibit all strangers from setling in the Towne wthout ye Towns consent " ; and the following additional rules were adopted : -


They shall not build any seats in the meeting house nor alter them without the Towns consent.


They shall prohibit any Inhabitant from takeing in any sheep, cattle, or horses of the Inhabitants of other Towns to keep on the Towns Comons & to make orders for that end.


These rules, with a few unimportant changes, were annually adopted by the inhabitants of the town for nearly twenty years.


March 9, 1685-6, It was voated as an Adition to ye Selectmens In- structions that the Selectmen from time to time shall make up ye ac- counts wth him who was constable ye year before by the first of May, annually. The constables are hereby ordered to give up theyr accounts to ye Selectmen by ye sd time accordingly .*


Constables were made collectors of taxes April 16, 1673.


It was voted that hence forth there shal bee but one Rate made for one yeare every yeare in the month of October and the payment to bee made one halfe in English graine, as wheat, barley Rye and pease good and merchantable at or before the last weeke in October & the other halfe in good merchantable Indian corne at or before the last week in March next after every yeare under penalty of paying five shillings more than their Rates come to, to be levyed by the Constable if it be not paid, discounted, or agreed for to be paid suddenly upon that time .*


The rules and regulations defining the duties and powers of the selectmen, revised and adopted by the inhabitants of Newbury March 14, 1726-7, read as follows : -


I That they keep the Towns pound in repair.


2 That they observe the directions in ye Law relating to ye admission of inhabitants into Towns and that they warn out all strangers accord- ing to the directions in ye Law & prosecute all such as do not depart when so warned.


3 That they supply the wants of ye poor.


1 That they bind out ye children of ye poor as ye Law directs.


*Town of Newbury Records.


114


HISTORY OF NEWBURY


.


5 That they observe the directions in the Law relating to reputed drunkards, comen tipplers & such as mispend their time and estates in publick houses & prosecute such as transgress the Laws in that case.


6 That they set to work such as live idle and disorderly lives as ye Law directs.


7 That they take care of and improve the estates of such as are neither able to take care of or improve them themselves that they may be preserved for the maintainance of such persons as need may require as ye Law directs.


8 That they be aiding and assisting to Tything men & other officers in suppressing of vice, prophaness & imorality & vigorously exert them- selves heren: as ye Law directs.


9 That they give not their approbation for any to renew or have a licence for ye keeping of publick houses but to such as are qualified as ye Law directs .*


LOT-LAYERS.


When the inhabitants of Newbury decided in 1645 to begin a new settlement on the westerly bank of the Merrimack river, they appointed lot-layers to survey and lay out all the un- divided land between the farm previously granted to John Spencer and the mouth of the Artichoke river. These lot- layers and their successors were continued in office until June 22, 1651.


The selectmen takeing into consideration that there is no more land to be granted by the Towne, & that there is no need of standing Lott- layers they doe hereby order that they do discharge & release Richard Knight & William Titcomb from that service of Laying out any more Land from this day & henceforth until the towne see caus.


JOHN EMERY, Sen. JOHN CHENEY, Sen. ABRAHAM TOPPAN. ARCHELAUS WOODMAN.t


Subsequently, however, it became necessary to reappoint the lot-layers, and Sept. 21, 1677, "Tristram Coffin was chosen to joyne with Richard Knight to be a Lott layer in the Roome of William Titcomb deceased." *


FENCE VIEWERS.


March 7, 1663 There was chosen fence viewers. At old Towne Rich : Dole, Francis Plumer, & Tho : Blomfield : In the middle of the Towne · Town of Newbury Records. t Ibid. (Coffin's copy).


115


THE SETTLEMENT AT MERRIMACK RIVER


Anthony Mors, Senr, Tristram Coffin, John Webster; at the farther end William Pilsbury, Will : Sawyer, Lionell Worth .*


April 2, 1666 There is chosen by the Selectmen for fence viewers for the year ensuing William Sawyer, William Pilsbury for the further end of the new town to frog pond, Anthony Morse Senr & John Webster from thence to Goodman Moodys lane, & John Emery Senr and ffrancis Plumer & Tho: Hale Sent from thence all at old Towne & Thomas Hale & Samuell Plumer for the necke .*


March 23, 1669-70. Thomas Hale and William Ilsly were chosen fence viewers for the old town, Robert Coker and John Webster for the middle of the town, William Pilsbury and James Ordway for the farther end.


April 3, 1671. Thomas Hale, Sent, and William Ilsly fence viewers "over the water in the necke & at the old Towne to goodman Moodys land.". "Abraham Toppan & Edward Richardson from Goodman Moodys land to John Bartlets Barne." William Sawyer and Edward Woodman, Junior, "from John Bartletts barne to the farther end of the new Towne."


March 20, 1671-72. Thomas Hale, Sent, and William Ilsly were chosen for the old town to Moody's lane. An- thony Morse, Sen', and Richard Pettingell from Moody's lane to J. Bartlet's barne. Edward Richardson and James Ordway to the end of the town and also at the Falls.


March 19, 1672-3. William Sawyer and James Ordway, for the new towne. Richard Pettingell and John Webster, for the middle. Thos. Hale, Sen', and Joseph Pike, for the neck and old town.


March 25, 1674. "Joseph Plumer in ye necke." William Ilsly and Benjamin Rolfe at old town to Moody's lane. John Webster and Robert Coker to J. Bartlet's barn. Benjamin Morse and Peter Godfry to the end of the town.


March 6, 1674-5. "Thomas Hale, Sent, in ye necke." William Ilsley and John Knight, Jun', in old town to Moody's lane. Anthony Morse, Sent, and Richard Browne to J. Bartlet's barn. James Ordway and Israel Webster from thence to the Artichoke river.


March 22, 1676-7. "Thomas Hale, Jun", at the necke."


* Town of Newbury Records.


I16


HISTORY OF NEWBURY


William Ilsly and John Badger at old town. John Webster and James Smith in the middle. Moses Pilsbury and Daniel Merrill at the farther end.


March 31, 1679. Thomas Hale, Sen', and Joseph Knight at old town. Joseph Coker and Joshua Brown in the centre of the town. William Pilsbury and John Swett at the farther end.


March 24, 1679-80. Samuel Plumer and John Knight at old town. Peter Toppan and James Smith in the centre. Samuel Poore, Sent, and John Sawyer, at the upper end.


March 23, 1680-81. John Kelly and Cutting Noyes at old town. Robert Long and Richard Brown in the centre. James Ordway and Jacob Toppan at the upper end of the town.


March 27, 1683. John Knight and Richard Dole, Jun., at the old town. John Webster and John Smith in the centre of the town. Daniel Morrill and John Swett at the upper end. Joseph Goodridge, Benjamin (?) Pearson, and Duncan Stewart, at the farms.


March 18, 1683-4. John Kely and John Badger at the old town. Richard Browne and Matthew Pettingell at the centre. Moses Pilsbery and Aquila Chase at the upper end. Joseph Goodridge and Benjamin Pearson at the farms.


April 6, 1685. Joseph Ilsley and Joseph Knight at old town. John Webster, Jun., and Matthew Pettingell at the centre. Sergt Richardson and James Ordway, Sent, at new town. John Emery, Sen', and Benjamin Moore at the upper end of the new town. Joseph Goodridge and Benjamin Pear- son at the farms.


March 22, 1685-6. Jonathan Emery and James Jackman for old town neck. Richard Brown and Joshua Morse for the middle of the town. Sergt Jno. Hale and Beniah Titcomb for the new town. Joshua Brown and Abraham Merrill for the upper end. Duncan Stuart and Benjamin Goodridge for the farms.


TITHING MEN.


May 24, 1677, the General Court ordered that one tithing man to every ten families in the town should be appointed


117


THE SETTLEMENT AT MERRIMACK RIVER


by the selectmen to apprehend all Sabbath-breakers, "those who absent themselves from the public worship of God on the Lord's day," disorderly children and servants, night walkers, and tipplers, and, in the absence of a constable, take them before a magistrate or commit them to prison .*.


In compliance with this law the selectmen of Newbury, at a meeting held March 31, 1679, appointed the following per- sons to serve as tithing men : -


Richard Dumer Jun Richard Knight James ordway


Abraham Adams Nicholas Noyes


Lieut Woodman


William Ilsey Jun


Tristram Coffin John Emery, Jun.


Robert Long


Nathaniel Clark William Sawyer


Thomas Hale Jun Ensign Greenleafe Abraham Merrill.


A notice sent by the selectmen to the person named last in the above list reads as follows : + -


TO DEACON ABRAHAM MERRILL


At a meeting of the Selectmen March thirty-first 1679.


You are hereby required to take notice that you are chosen according to court order by the selectmen to bee a tithing man to have inspection into and look over these families that they attend the publick worship of God, and do not break the Sabbath, and further you are to attend as the court order declares.


The names of the families are Edward Woodman, Junior, Samuel Bartlet, Richard Bartlet, Abel Pilsbury, John Stevens, Christopher Bartlet. Thomas Chase, goodman Bailey, John Chase.


By order ot the Selectmen ANTHONY SOMERBY Recorder.


" March 24, 1679, there were chosen for Tithing men for. this year 1680"


John Emery Junr


Henry Jaques James Jackman


John Bailey Nicholas Noyes Thomas Hale Junr


Lieut Woodman Samuell Plumer Edward Moores


Ensign Greenleafe


William Sawyer James Ordway


Sergt Coffin


Robert Long


Joseph Goodridge


Sergt Clarke


April 25, 168 1, the selectmen appointed for "tything men "


Mr Richard Dumer


John Noyes Thomas Hale Jur


Mr. Henry Short


James Jackman Daniel Cheny


Tristram Coffin Robert Long Richard Pettengall


* Massachusetts Colony Records, vol. v., p. 133. t Coffin's History of Newbury, pp. 121, 122.


118


HISTORY OF NEWBURY


Ensign Greenleafe Mr John Sewall John Emery Junr


Nathanel Clarke


Caleb Moody


Samuel Poore Sen


John Baily


"Tithing men for 1682" as follows : -


Mr Richard Dumer


Benjamin Rolfe


Abraham Adams


Samuel Plumer


John Webster


William Morse


Joseph Pike


John Badger


Sergt Richardson


Serj: Coffin


John Baily


francis Browne


Serj: Clarke


Abraham Merril


Joseph Plumer


Serj: Tappin


Benjamin Lowle


Rich: Pettengall


Tithing men for 1683 :-


Mr Richard Dole


Nicholas Noyes


Anthony Somerby


Serjeant Coffin


Beniah Titcomb


William Pilsbury


Robert Long


Mr Moses Gerrish


James Jackman Senr


John Hale


Abraham Adams


John Easton


Abraham Merrill


Joshua Brown


Richard Bartlet Jr


John Poore Jur


Tithing men for 1684 : -


Capt Daniel Peirce


Mr Richard Dumer


Capt Thomas Noyes Edmund Moores Sen


Lieut Tristram Coffin Elisha Ilsly


Lieut Woodman James Jackman


Samuel Plumer


John Emery Sen


Joseph Knight


Thomas Hale Sent


Samuel Bartlet John Bartlet Jur


Anthony Somerby


Edward Richardson


James Ordway Jur


James Myrrick


Tithing men March 22, 1685-6 : -


John Poor


Dunkan Stuart


Lieut Coffin


Samll Bartlet


Samull Plumer


Corpll Edward Mores


Ser: Hale


Wm Sawyer


Joseph Pike


Abram Adams


Ser : Moodey


John Swett .


Benj. Rolfe


Georg March


Ben : Morse


Penll Titcomb


Deacon Noyes


Richd Browne


Abram Merrill


James Ordway Jr. .


Tithing men appointed May 7, 168 [7 ?] : -


Joseph Little


John Kent Jun


John Webster Sent


John Sawyer Beniah Titcomb


Mr Moses Gerrish


John Baily John Bartlet Jur


Henry Jaques


Daniel Morrill Sergt Nath1 Clarke


John Knight


Ens Jacob Toppan Henry Lunt


William Moody


Joseph Ilsley Silvanus Plumer


Joseph Plumer Senr


Jonathan Moore


Joseph Goodridge


Mr Will Longfellow


119


THE SETTLEMENT AT MERRIMACK RIVER


Under the new charter of the Province of Massachusetts Bay tithing men were required to carry a black staff, two feet long, tipped at one end with brass about three inches wide, as a badge of authority. They were sworn to a faithful dis- charge of their duties before a justice of the peace .*


Subsequently the law providing for their appointment by the selectmen was amended, and they were afterwards elected annually by the inhabitants of the town until 1838. After that date they were evidently considered superfluous officers, and for several years none were chosen.


March 14, 1848, the town voted to elect three tithing men in place of eighteen or twenty as heretofore ; and Benjamin G. Evans, John Atkinson, and Michael Floyd were chosen.


At a meeting of the town held March 13, 1849, strong efforts were made to secure the appointment of competent and discreet persons who could be depended upon to serve as tithing men ; but a motion to omit action on that article in the warrant prevailed, and when the subject was again brought to the attention of the voters, April 1, 1850, and March 29, 1852, it was disposed of in substantially the same way. At the annual meeting in March, 1854, John N. Kent, Joseph Longfellow, Alfred Poor, John Kent, and Richard S. Bray were elected. The following year no tithing men were chosen ; and since that date good order has been maintained in the town of Newbury, and in the church during divine ser- vice, without their aid or influence.


OTHER OFFICERS.


Cullers of fish, cullers of staves, hog reeves, informers of deer, clerks of the market, and many other officers whose ser- vices are not now required, were elected annually by the in- habitants of the town.


Cullers of staves selected and classified the staves that were cut in large quantities for wine casks and hogsheads and shipped from Newbury to the West Indies. It was the duty of hog reeves to see that the law "concerning the yoking


* Province Laws, vol. i , p. 155.


120


HISTORY OF NEWBURY


and ringing of hogs " was properly executed when they were allowed to run at large. Clerks of the market regulated weights and measures as well as prices when provisions or produce were offered for sale ; and informers of deer were ex- pected to prosecute all persons violating the law in regard to the killing of deer, or give to the magistrates the information needed in order to secure the arrest and punishment of the offenders.


FINES AND PUNISHMENTS.


At a meeting of the inhabitants of Newbury held April -, 164(5)?


It was ordered yt all such as absented themselves from this meeting should be fined twelve pence a peece, and the constable to levy the same & Retourne wt he gathers of such as ye prudential men shall judge their excuse is not sufficient, ye one half thereof to the ord'ers of ye Towne affaires ye other to keepe himself for a Recompense for his paynes.


Itt is ordered yt ye constable for p'sent & all constables for future shall stand ingaged from time to time for one half of ye fines yt any de- linquent shall be fined for absenting himself from any publicke meeting wch is to be Is a peece .*


April 8, 1646, Mr. Woodman, Hen : Lunt, Arch : Woodman and Mr Sewall for their absence from ye generall Towne meeting are fyned twelve pence a peece :


Steven Kent for his absence from ye same meeting was fyned two shillings.


At this meeting the constable was ordered to collect the above-mentioned fines within ten days, and bring them to the town officers. "In case he bring it not in by that time An- thony Mors is appointed to Distreine on ye constable for all the fines." *


Aquilla Chase, his wife, and David Wheeler, of Hampton, were presented September 29, 1646, to the court at Ipswich, "for breach of the Sabbath in gathering pease." " Witnesses William Sanburne and William Fifield." +


Under the date of March 30, 1647, the record states that


*Town of Newbury Records, vol i.


t Court Files (Salem), vol. i., leaf 55.


·


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1


TTLEMENT AT MERRIMACK RIVER


I2I


they ' ...... . .ot, to answer their presentment, being not at Har1. ": " the constable received his warrant."


In a volume containing notes and memoranda made by the clerk of the court, for his own convenience, and afterwards written out and entered in full upon the records, the facts re- lating to this presentment and to the return made by the con- stable are stated as follows : -




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