USA > Massachusetts > Essex County > Topsfield > History of Topsfield Massachusetts > Part 6
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John Ruck asked Salem for a grant of a farm in 1638/9 which was given him before 1644. In 1660, he gave his sons John and Thomas one hundred acres of land "partly in Salem and partly in Topsfield. " 65 It adjoined land of the Putnams and William Nichols. It was conveyed later to Thomas Cave and Philip Knight each of whom built a house on their lots. When Mr. Knight gave his son Philip a house and land at the time of the latter's marriage to Rebecca, daughter of Edmund Town, he gave his residence in the deed as Tops- field. In 1722 Philip Knight gave his sons Joseph and Ben- jamin "all my right I have or ought to have in common land being an ancient inhabitant of Topsfield." Thomas Putnam gave parts of his farm lying in Salem and Topsfield to his sons Thomas Jr., and Edward. Thomas Cave held the office of constable in Topsfield and highway surveyor. The Knights, Caves, Putnams and others petitioned Topsfield in 1726 to have the land south of Nichols brook set off with portions of other towns for another parish. It was then dismissed but it was ordered to be done by the General Court two years later and became the town of Middleton.
Farmer Porter was referred to early in the town records. John Porter, Sr., acquired the Skelton grant in Salem in 1643 and later purchased the Sharp and many other grants until he became the largest land owner in Salem. In 1647 he built his house in what is now Danvers where he lived until his death in 1676. A year after he built his house he purchased the land which the town of Salem had granted Townsend Bishop of that town in 1638/9.66 Mr. Bishop left town selling
64 Essex Registry of Deeds, book 2, leaf 10.
65 Essex Registry of Deeds, book 2, leaf 4.
66 Salem Town Records.
51
THE EARLY SETTLERS
this piece of property to William and Richard Haynes in 1648. It changed hands quickly for in that year the Haynes brothers sold one-third to Abraham Page of Boston, who transferred it to Simon Bradstreet of Andover. The latter conveyed it to Mr. Porter who bought the other two-thirds from Haynes at the same time.
John Porter gave his son Benjamin "all that parcell of land commonly called Bishop's farm, also 200 acres of land lying in blind hole given me by the town of Salem, also 100 acres purchased of Mr. Bradstreet." The 200 acres of "feeding ground" in Blind hole given Mr. Porter for "pasteur for his Cattell" in 1647, was to be laid out "neare vnto ye farm yt was Mr. Bishops." John Porter also purchased the Downing grant of 500 acres in Salem Village in 1650 which Mr. Porter conveyed to his son Joseph, in 1664,67 as a part of his portion upon the latter's marriage to Anna, daughter of Major Wil- liam Hathorne. Joseph Porter's house is on what is now known as the Connors farm, in Danvers, next to the Topsfield line. Both of these lands extended into the town of Topsfield. In 1677 Israel Porter testified he went with his father about 20 years before when he was required by Topsfield to show the bounds of his land. John Wild who was the one to whom John Porter pointed out his bounds also testified. They said these were approved and accepted at that time, both on the Downing farm and his land in Blind Hole. The latter bounds were upon Smith's hill and by a swamp side of Mr. Endecott's meadow to Wm. Nichol's bound tree.
In 1687, the town established the bounds of each. John How, Thomas Baker and Jacob Towne were appointed to re- cover from every person who claimed more land in Topsfield than they received by grant. They found Benjamin Porter of Salem should have but 300 acres and he claimed more. So it was agreed that for £20 paid by his brothers Israel and Joseph he should have the difference between 300 acres and what he claimed. The bounds mentioned in the deed 68 were John Curtis, William Bartholomew, "old John Nichols," and Daniel Andrews. Both Joseph and Benjamin Porter paid rates for the minister in 1681. Benjamin Porter never lived in Topsfield. When he died in 1700 he left his brother Joseph's sons, Nathaniel and William about 240 acres being part of the land given him by his father which "300 acres John Porter had of the town of Salem and Mr. Bradstreet."
67 Essex Registry of Deeds, book 3, leaf 139.
68 Essex Registry of Deeds, book 22, leaf 215.
52
THE HISTORY OF TOPSFIELD
It also included so much of the Bishop farm "as lyes on ye Northwardly Side of ye Said Divisional Lyne that parteth be- tween Salem and Topsfield." William Porter was to have the northern portion and Nathaniel the southern half. The southern boundary was the divisional line between Salem and Topsfield, John Nichols's land was on the west, Daniel An- drew's on the east and lots of common land previously laid out. Upham in his History of Witchcraft states that the land extended to the Governor Endicott grant south of the river.
Several families living on the western side of Topsfield line were granted permission by the General Court February 11, 1774, to annex their farms to Topsfield. Two of these were the descendants of the first Isaac Cummings and the Lamsons. The latter lived on what is now Asbury Grove Street. John Lamson bought fifty acres of land of William Howlett Nov. 19, 1680 69 for £150, which he deeded to his son John in 1700. Members of his family lived here until recent years when it was sold to Bradley Palmer.
69 Ipswich Registry of Deeds, book 4, page 429.
CHAPTER III
COMMON LANDS
After several hundred acres had been granted to the first settlers of Topsfield, there still remained many acres of un- divided or "common land." A small amount of it was in various sections of the town north of Ipswich river, but a good part of it was on the south side of the river. All of this common land belonged to those who had settled in the town and owned land there. One of the first important en- tries in the earliest town records which have been preserved is that of a town meeting in 1661 when it was ordered that the selectmen of Topsfield lay out five hundred acres of land on the south side of the river "to remaine common to per- petuity for the use of the inhabitants provided none of it be medowland." The names of thirty commoners to share in it were given and this is the first list of the early settlers in Tops- field on record. They were :
Mr. Bradstreet
Anthony Carell
Mr. Perkins
Isaac Cumings senr
Zacheas Gould
Isac Cumings jur
Mr. Baker
Ensigne Howlet
Tho' Dorman
Wili' Smith
ffrances Pebody
Mr. Endicoat
Willi' Euens
John Wiles
Daniell Clark
John Redington
Tho' Perkins
ffrances Bates
Tho' Browning
John How
Jacob Towne
Edmond Bredges
Isaac Estey
Willi Nicholse
Willi Towne
Vseltone lot
Edmond Towne
Lumpkins farme
Matthew Standley
Rob't Andrews land
The town records and the proprietors' book tell the long story of how the common lands were divided, apportioned, tres- passed upon, managed and gradually disposed of, until only the training field remained. On March 7, 1664, it was or- dered that the timber of the five hundred acres and the rest of
(53)
54
THE HISTORY OF TOPSFIELD
the common land south of the river be divided. It was decided that each commoner's share should be based upon what he paid to the minister's rate that year and the list of men and the sums paid were duly recorded in the town records. The land first divided lay on the south side of the river in two parcels. Each division was made up of 59 ten-acre lots. Seven men who paid more than fifty shillings were to have "a greater" or treble share of thirty acres, fourteen who paid between twenty and fifty shillings were to have "a middle" or double share of twenty acres including two men on Governor Brad- street's land, and the remainder, ten in number, who paid less than twenty shillings, were to have a "least" or single share of ten acres.
"now these are the names of those men that ware then Rated that yeare 1664 and thar saueral soms as tha are in that Rate and rite of this land"
Zacheus and John goold
04-03-03
mr thomas baker
03-17-05
danel Clark
01-04-05
thomas darman senr
03-03-00
frances pabody
04-05-02
decon houey (Lumkins)
01-03-08
william eeuens
02-11-00
Isack Comings senr
00-13-08
Isack Comings junar
01-08-00
Ensign howlet
01-08-09
antoni Carol
00-11-01
thomas perkings
02-19-07
thomas auerill and thomas
01-14-02
hobes on mr brodstreets land
01-03-00
John Redington
03-05-02
thomas browning
01-06-06
John wiles
01-12-10
william smith
00-13-08
Edman bridges
00-15-03
Jacob towne
01-04-05
Isack Este
00-19-06
william towne )
00-04-02
and Joseph towne )
01-08-05
Edman Towne
01-08-09
mathew stanle
00-15-08
william nicholes
01-12-09
mr William Perkeings
02-12-09
mr endicot
01-02-00
55
COMMON LANDS
John how
00-19-00
Robart andros
00-12-00
frances Bates 00-09-00
The committee appointed to divide this common land re- ported that where any of the persons had died or sold "them- selves out of ye Towne" before the division was completed, the share was to be laid out to those whose names were entered in the town book in 1661. That is, each division was laid out to the land the first commoners had or lived on and went to those who owned that land in 1668. Zacheus Gould had died so his share went to his sons who then owned the land. The shares of Anthony Carroll, William Evans and others who had sold their property and removed from town, went to the new owners. Deacon Daniel Hovey had purchased the Lumkin farm and was entitled to that share while Francis Uselton had lost his place by mortgage. It was later acquired by "Mr. Pritchard of Ipswich" but no one apparently claimed this share in 1664. Thomas Averill had acquired part of Mr. Bradstreet's land so that in some way Mr. Bradstreet was entitled to two double shares or 40 acres.
The committee did not make their report of the division until 1668. The thirty inhabitants entitled to a share in this common land met June 11, 1669 and the lots in both divisions were drawn out. Every man's share, whether single, double or treble was to lie together in each division. All the lots as drawn both by name and number were carefully recorded by vote of the town. It ordered "ye Clarke to recorde the Lotes Which are on ye other side of the riuer according to the derex- tions that ye Commity Chosen for the Laying out of ye said Lots shall derect him."
The first division was triangular in shape. The western point was next to Governor Endicott's meadow and the first two lots comprising 40 acres were purchased by John Curtis in 1678. Upon this land he built his house, later known as the Pike place on Rowley Bridge Street. The 500 acres of common land reserved for the use of the commoners lay along the northern boundary of this division while Porter's land and the Salem line was on the south and east.
The lots running nearly north and south were drawn as follows, beginning at the western end :
No.
Acres No.
Acres
1 Zaccheus Gould
30
5 John Redington 30
2 Uselton's land
10
6 Isaac Cummings, Jr. 20
3 Wm. Nichols
20
7 Thomas Baker 30
4 Jacob Towne
20
8 Thomas Dorman 30
56
THE HISTORY OF TOPSFIELD
No
Acres No.
Acres
9 John Wilds
20
20 Lumkins
20
10 William Smith
10
21 Edmond Towne
20
11 Thomas Browning
20 22 William Evans
30
12 Mr. Endicott
20 23 Joseph Towne (Wm.) 20
13 Matthew Stanley
10 24 John How
10
14 Anthony Carroll
10
25
Edmund Bridges
10
15 Isaac Estey
10 26
Francis Peabody
30
16
Francis Bates
10 27
William Perkins
20
17
Simon Bradstreet
40
28 Daniel Clark
20
18 Thomas Perkins
30
29 Ensign Howlet
20
19 Robert Andrews
10
30 Isaac Cumings
10
Early inhabitants soon began buying up these lots until each acquired a sufficient amount of land for a farm. Jacob Towne's land adjoined that of John Curtis. Here he or his son Jacob probably built a house near the westerly side of what is now Hill Street about 1700. His sons Jabez, Gideon and Stephen also had houses in the tract of land bounded by what are now Hill, Rowley Bridge and Cross Streets. The lot next to Mr. Towne's was given by John Redington to his son Daniel. The latter's son Jacob was living here near the corner of Hill and Garden Streets, about 1725. Amos Dorman acquired lots 8, 9 and 10 and members of the family were living on what is now Garden Street in the early part of the 18th century. Isaac Estey owned lots 13 to 17 which was in the vicinity of the Pierce farm on the Newburyport turnpike and his son was living here when the mother Mary Estey was taken from his house in 1692 to be tried for witchcraft. Michael Dwinnell bought lots 24, 25 and 26, and one-half of 27 on which he built his house in the latter part of the 17th century, near what is now Salem Street. Lots in the remain- der of common land, divided among the inhabitants about 1722, were given, in many instances to the men who already lived south of the river. Whenever possible this second share bordered on their first tracts of land, so that many owned farms of considerable size.
The second division of common land was west of Farmer Porter's in the shape of a square. The northeast corner was near the western point of the first division. About one half of it is now part of Middleton between Ipswich River and Nichols Brook. On the south it was bounded by William Hobbs and land Lieut. Thomas Putnam claimed, on the north by Governor Endecott's grant and on the west by the Ipswich river. These lots ran east and west and were very long,
57
COMMON LANDS
narrow strips of land. Beginning on the northern side next to the Endecott land the lots were drawn as follows:
No.
Acres No.
Acres
1 Zacheus Gould
30 16 Mr. Perkins
20
2 Daniel Clark
20
17 William Smith
10
3 Mr. Bradstreet
40 18 Matthew Stanley
10
4 Jacob Towne
20 19 Francis Bates
10
5 Isaac Estey 10
20 John Redington
30
6 William Towne
20
21 Edmund Towne
20
7 Anthony Carroll
10
22
William Nichols
20
8 Ensign Howlett
20
23 Thomas Browning
20
9 Edmund Bridges
10
24 Thomas Perkins
30
10 John How
10
25
Mr. Endicott
20
11 Uselton 's
10
26
Robert Andrews
10
12 Thomas Baker
30
27 William Evans
30
13 Isaac Cummings, Sr.
10
28 Lumkin's
20
14 Isaac Cummings, Jr.
20
29 Francis Peabody
30
15 Thomas Dorman
30
30 John Wildes
20
The Towne family acquired some of the first lots in this division and built a house south of that of John Curtis in the early part of the 18th century when many of that family built houses in the vicinity. John Cummings bought, or inherited from his father Isaac, several lots south of the Towne land until he owned from No. 7 through the first ten acres of No. 20. Shortly after 1700 he built the house later known as the Foster-Horne house, which stood on Rowley Bridge Street not far from the Middleton Road. A descendant also built on the western side of this land what was later known as the Porter-Gould place.
Joseph Towne bought the other 20 acres of lot No. 20 and also acquired the next three lots. His descendants built homes here. Benjamin Towne had a house on the eastern side of Middleton Road while Joseph had one on the western side, later known as the "Betty and Liddy" house. The last seven lots of this division were bought by Francis Peabody and in- herited by his son Isaac where his descendants lived for many years, most of the land now being in the present town of Mid- dleton, south and west of Nichols brook.
During the next 50 years the town records contain many interesting votes regarding the rights of the commoners, the establishment of bounds, fencing, the granting of additional lots to the commoners and a few others who settled in town. Several regulations also necessary for the care of the common lands and timber were made from time to time. In 1678 it
58
THE HISTORY OF TOPSFIELD
was ordered that rams were not to feed on the common lands from the first of August to "michelmus," upon forfeiture of one-half the animals so taken. In 1694, any one finding a ram on the common land during those same months was to give one-half to the poor and keep the rest for his pains. Later, it was voted that if a man let his ram run at large he was to pay five shillings or forfeit the ram. Hogs could go at large from the last of October to April 1st, and the horses only according to law. Some of the land was known as "cow common" upon which cattle of the commoners were pastured. For preserving the timber on the common land no man could fell a tree without leave. The penalty was ten shillings for every tree thus cut under a foot at the stump, twenty shillings for every one over a foot and twelve shillings for every load of wood carried off illegally.
The town book was filled with such votes as the one found on the first page of the printed records, when in 1659 it was agreed to exchange fifteen acres of common land on the south side of Bare Hill with Mr. Perkins for land he owned between his field and Mr. Baker's house. A similar exchange was made with John How and Thomas Baker in 1663.
Fifty acres of land was laid out for the use of the ministry. Some years later when the common lands were being divided a committee reported that the land was in three pieces then containing but forty eight acres, since the town had granted two acres of it to Mr. Capen. In 1721, it was agreed to ex-
change the smaller parcels of parsonage land as first laid out for one piece of forty eight acres north of the meeting house and west of the training field. June 20, 1682, the town granted Rev. Joseph Capen 12 acres when he became the minister there, upon which he built his house.
Committees were continually appointed to renew bounds of the common lands and frequently it was found that men had "fenced in a piece of common land," for their own use. In one instance it was reported that part of Jacob Towne's barn stood on common land and another that Michael Dwin- nell and his son had taken a considerable parcel and "young Dwaniells house is we Judg upon the common." The first date of record in the Proprietors' Book is February 1, 1714/5. That a previous Proprietors' Book must have existed is shown by a vote in the Town Records, when it states that, at a meet- ing of the Proprietors on March 8, 1697/8, it was agreed to divide all the common land south of the river except the five hundred acres which had been preserved. The same rule was to be followed in this division as used in 1661. No further
59
COMMON LANDS
mention of dividing the land was found, however, until the first entry was made in the Proprietors' Book in 1714/15. A meeting of the commissioners was called on February 1, of that year, at eight o'clock in the morning at Captain How's house, to see that "Effectual care may be taken to pass orders for ye preventing ye Cutting down & carrying wood" from the common land, choose a clerk and see about dividing the land.
The first division of common land recorded in this Pro- prietors' Book was forty acres lying between Wenham mead- ows and the causeway. It was to be divided into fifty eight shares of three quarters of an acre each. A man entitled to a double share received one and one-half acres while a treble share amounted to two and one-quarter acres. The thirty men were listed that claimed the rights of the first commoners. John Prichard, who was entitled to Uselton's share, was not mentioned. Nathaniel Averill was entitled to one-half of Mr. Bradstreet's share, or 20 acres, and John Bradstreet the other 20 acres.
These forty acres were then divided among the thirty men entitled to the rights of the ancient proprietors as given in the list. The names of those who drew the lots, the number of each, and in whose rights they were drawn, also the number of shares, were as follows : Lots
Right of
Shares
1 Lieut. Timothy Perkins
William Perkins
2
2 Capt. Thomas Baker
Thomas Perkins 3
3 Jacob Estey
Isaac Estey
1
4 John Cummings
Isaac Cummings, Jr.
2
5 Nathaniel Averill
Thomas Averill
2
6 John Prichard
Uselton's
7 Sergt. John Hovey
Deacon Hovey
Robert Andrews
1
9 Daniel & John Clark
Daniel Clark
2
10 Timothy Perkins
Thomas Perkins
3
11 John Gould
Zacheus & John Gould
3
12 Capt. Baker
Francis Bates
1
13 Capt. Thomas Baker
William Smith 1
3
14 Lt. Tobijah Perkins 15 Ephraim Wilds
John Wildes
2
16 John Cummings
Isaac Cummings, Sr.
1
17 Zerrobabel Endecott
Mr. Endecott
2
18 Lt. Daniel Redington
John Redington 3
19 Edmund Towne, Jr.
Thomas Browning 2
20 Sergt. Samuel Stanley
Matthew Stanley
1
8 Ens. Timothy Perkins
Francis Peabody
60
THE HISTORY OF TOPSFIELD
Lots
Right of
Shares
21 Thomas Nichols
William Nichols
2
22 Jacob Towne, Jr.
Jacob Towne, Jr.
2
23 Edmund Towne, Jr.
Edmund Towne
2
24 Lt. Ephraim Dorman
Thomas Dorman 3
Mr. Bradstreet 2
Anthony Carroll
1
27 Joseph Towne, Jr.
William & Joseph Towne 2
28 John Gould
Edmund Bridges 1
1
29 Capt. John How
30 Nathaniel Boardman
William Evans 3
31 William Howlett
Ensign Howlett 2
Shortly after this land was allotted, the proprietors agreed to divide all the rest of the common land including the five hundred acres reserved "to perpetuitty." It was agreed that this land should be given to "every free house holder living in his own Right . . . according as they and their presesessors in said estate hath paid to the ministers Rates for ten years last past . viz, since 1710." In addition, those who were entitled to ancient proprietors or "cottage rights," should have three acres for a treble share, two acres for a double share, and one acre for a single share, "more than their rates amounted to." The land was to be divided equally for quan- tity and quality.
Before it could be allotted, however, a committee was ap- pointed to search the town records to find who were com- moners and some method to make more commoners. A list of twenty nine names was submitted for the new commoners who owned at least forty acres, March 27, 1716. They were known as freeholders and were then dwelling on their land : Joseph Borman Corpll Jacob Town for his Land
John Howlett on ye south side of ye River
Ebenezer averil John Commins
Elishua Perkens
Corpll Joseph Town
Zacheus Gould Thomas Robinson
Thomas Gould John Nichols
Joseph Gould
Philip Knight
John Capen
Thomas Cave
Benjamin bixbey
John Burton
Jacob Peabody
William Hobs
Zecheus Perkens Job Averil
Thomas Town
Paul Averil
Widow Estey Elizer Lake
Joseph Town Junr John Curtis
Nathaniel Porter
Amos Dorman
25 Simon Bradstreet
26 Capt. Thomas Baker
John How
61
COMMON LANDS
Eight who had been made commoners since 1662 as ap- peared in the Proprietor's book of records were:
Mr. Joseph Capen Michel Dwinel senr
decn Saml Houlett
Capt. Tobijah Perkens
John french
Sergt John Curtis
Widow and timothy Perkens junr.
Daneil Clark desed
Another committee, Timothy Perkins, Nathaniel Porter and Thomas Baker made up a list of what the free holders had paid to the minister for the ten years, 1710 to 1720. The total amount was £395-12s-8d., divided as follows:
£
S
d
The widow and John Averil
04
05
06
Nathaniel Averill
06
07 09
Ebenezer Averil
06
15 03
Lieut. Thomas Baker
14
06
07
mr John and Samuel Bradstreet
12
04
06
Benjamin Byxbe
02
12
05
Joseph Borman
04
05
06
Corpll Nathaniel Borman
07
01
04
mr Simon Bradstreet
05
19
08
Capt. John How
03
16
05
The widow and John Clark
01
00
01
Sergt Daniel Clark
05
10
06
Jesse Dorman
07
08
04
Corpll Thomas Dorman
04
16 07
Lieut. Ephraim Dorman
08
04 07
Jacob Estey
05
03
11
Joseph Andrew
04
03
07
Ensign John Gould
06
17
08
Thomas Gould
03
09
09
Sergt. Zecheus Gould
04
14
08
Lieut Joseph Gould
06
07
09
decn Houlett and Samuel Howlett
04
10 04
Scrjt. Thomas and John Houlett
06
08
08
Sert John Hovey and Ivory
07
05
11
John Hovey
04
14
10
mr Henry Lake
00
18
01
Corpl Eliezer Lake
04
14
11
mr Isaac Peabody
13
14
07
Jacob Peabody
05
11
07
ye widow Elizabeth & Timothy perkens junr
05
15 06
Zecheus Perkens
04
15 02
mr Thomas Perkens
08
18
04
Capt. Tobijah Perkens
09
17
05
62
THE HISTORY OF TOPSFIELD
£
S
d
John Prichard
02
07
02
Clerk Elisha Perkens
07
08
01
decon Timoth Perkens so called
05
06
04
Ensign Timothy Perkens
08
05
05
deacon Daniel Redington
11
08
02
mr John and Jacob Robinson
07
07
06
mr John Capen
01
07
08
Joseph Robinson
02
01
07
Sergt Samuel Stanley
02
14
04
mr Joseph Town Senr and John
04
10
04
Corpl Joshua Town
03
19
08
mr william Town
04
03
10
Samuel Town and his widow
02
15
09
quartr Ephraim Wilds
06
08
08
John Wilds
00
19
04
Joseph Commins
02
02
10
Job Averil
03
05
04
paul Averil
03
02
09
John Burton
03
05
02
Thomas Cave
04
10
06
mr John Cummins
11
19
09
Sergt John and Samuel Curtis
06
13
02
John Curtis
03
04
05
Sergt Amos dorman
04
05
10
Michel Dwinel Senr
03
15
03
Doctr Michel Dwinel
03
13
02
Thomas Dwinel
02
04
00
Sergt Isaac Estey & his widow and Aaron
06
07
00
John Dwinel
02
00
05
Edward Putnam
03
06
06
Elisha Putnam
02
16
06
William Hobs and his widow
04
04
08
Mr Philip & Joseph & Benjamin Knight
07
09
09
William Nickuls
01
13
06
John Nickuls
03
14
06
Ebenezer Nickuls
02
05
01
Clerk Nathaniel Porter
03
03
02
mr William Porter
02
06
10
mr Thomas & Edmond & Richard Town
03
12
11
Corpl Thomas Robinson
04
08
11
Corll Jos. & Benjamin & daniel Town
05
04
03
Corpll Joseph Town
04
10
11
Corpll Jacob Town
04
08
07
David Balch
00
15
00
63
COMMON LANDS
£
S
d
frances Peabody
00
11
06
Nathaniel Hood
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