USA > Massachusetts > Essex County > Topsfield > History of Topsfield Massachusetts > Part 7
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01
18 00
Joseph dwinel
00
02
07
Thomas Goodhall and his widow
00
08
08
Samuel Smith
02
19
00
At meeting of the proprietors on April 18, 1721, Lieut. Thomas Baker, Ensign Timothy Perkins, Nathaniel Porter, Nathaniel Averill and Jacob Gould were chosen to divide all the common lands according to the rules laid down. When possible the proprietors were to have a whole share in one division. A training field, land for meeting house and ten acres for Reverend Mr. Capen were to be laid out and the committee was impowered to sell so much of the land as nec- essary to defray the expense of dividing it. It was to be sold to proprietors who wanted it. A surveyor or "artist," Josiah Batchelder, was hired to measure and divide the land with them.
The committee made their report at a meeting on September 24, 1722. More than twelve hundred acres were laid out in- cluding forty eight acres for the parsonage land, seven acres and thirty-four poles for the training field and ten acres to Mr. Capen. The following is a summary of the various pieces of common land as divided by the committee. About eleven and one-half acres between land of Mr. Capen, Captain John How and Timothy Perkins was divided between Mr. Capen and Captain How.
Nearly two hundred and fifty acres of land on the south side of the river, on the west side of the highway leading to Jacob Towne (Hill Street) were divided into three ranges, lying from the lots in the first division then owned by Jacob Towne and John Curtis on the south to the river. On the north the line between the first and second ranges was about where Cross Street is today. The members of the Curtis and Towne families acquired most of these lots in the first range. George Bixby bought most of the land in the second range on which he built his house before 1730. Israel Towne re- ceived the 8th lot in this range from his father Joseph. He bought the 7th lot, also the 8th lot in the 1st range and the remainder lot of William Nichols. He sold fifty poles for the way to George Bixbys, which road cut off two acres on the south. Israel Towne built a house and lived there until he moved to New Hampshire in 1740, selling his farm of twenty acres to Mr. Bixby.
64
THE HISTORY OF TOPSFIELD
The divisional line between the second and third ranges started near the present Balch house. The lots in each range ran north and south. A small lot on the south side of the first range had been given John Curtis in exchange for another three acres he owned "more remote."
There were 8 lots in the first range beginning on the west side in the vicinity of the present Rowley Bridge Street. The following men were given these lots:
1 To the right of John Curtis, Sr. 16 acres
2 John Cummings
3 John Curtis, Jr. 7 acres 52 poles
4 William Porter
5 acres 31 poles
5 Thomas Robinson
9 acres 22 poles
6 Thomas Cave
7 Jacob Towne 10 acres 50 poles
8 Ezra Putnam
2 acres 15 poles
The eight lots in the second range were given to:
1 John Gould 16 acres 71 poles
2 Thomas Gould 9 acres 6 poles
3 Philip, Joseph & Benjamin Knight 16 acres
4 Ebenezer Nichols
4 acres 120 poles 73/4 acres
5 John Nichols
6 John Burton
6 acres 100 poles
7 Elisha Putnam
5 acres 139 poles
8 Joseph Town 9 acres 56 poles
The Balch family acquired the eastern side of the third range and the Balch house now standing near the corner of Hill and Salem Streets was built on this land in the middle of the 18th century. There were 9 lots in this range, as follows :
1 Lt. Joseph Gould
2 Eliezer Lake
1412 acres 1712 acres
3 Zaccheus Gould
10 acres 83 poles
4 Lt. Thomas Perley
7 acres 34 poles
5 William Towne
9 acres 40 poles
6 Benjamin & Daniel Towne in the father's right
11 acres 80 poles
7 Joshua Towne
8 acres 130 poles
8 Paul Averill 6 acres 89 poles
9 David Balch
1 acre 106 poles
There was still some land in this section not divided. A small piece at the eastern end of the second range between Joseph Towne's lot and the road, containing 2 acres, 155 poles, was given William Nichols. At the eastern end of the third range a small piece of land was divided into nine lots
25 acres 9 poles
9 acres 40 poles
65
COMMON LANDS
of about an acre each. The first went to Michael Dwinnell near the bridge over the Ipswich River
2 Thomas Robinson 6 Thomas Cave
3 Edward putnam 7 William Nichols
4 Ezra Putnam S Paul Averill
5 Elisha Putnam 9 David Balch
About ninety-three and one half acres between what is now Salem Street and the road to Jacob Towne's (Hill Street) went to the following persons :
No.
1 Deacon Daniel Redington
Acres, 24
Poles 43
2 Amos Dorman
9
3 Aaron Estey in right of father Isaac
12
8
4 Thomas Dwinnell
7
5 Job Averill
6
116
6 John Towne's heirs
10
10
7 William Hobbs in right of Grand- father William
81/2
8 Edward Putnam
7 150
9 Nathaniel Porter
7
10 William Nichols
106
11 John Cummings, Jr.
53
After this piece of land had been divided there remained about 15 acres which was on the eastern side next Salem Street. Aaron Estey's (No. 3) and Job Averill's (No. 5) lots in the other division were on the west and Thomas Dwin- nell's lot (No. 4) on the east. This tract was divided into 12 lots of a little over an acre each and joined other land of the grantees in some instances, beginning on the westerly side of the "remains":
1 Aaron Estey 7 John Perkins
2 Joseph Towne 8 Elisha Perkins
3 John Cummings, dec'd 9 Sam'l Curtis
10 Edmund & Richard Towne
4 Benjamin & Daniel Towne in Right of father Thomas
5 Timothy Perkins, Jr.
11 John Dwinnell
6 Jonathan Perkins 12 Thomas Dwinnell
The remainder of the undivided common land on the south side of the river amounted to approximately 250 acres. It stretched from Salem Street on the west to a few of the first division lots and the meadows near the Wenham line and ex- tended from the first division on the south to Ipswich river. This was also divided into 3 ranges. The 1st range from the
66
THE HISTORY OF TOPSFIELD
"Road to Docr Dwinnells on howlets and Towns Land" was on the "South Side of ye Common next to Dwinnells" and was 50 poles in breadth throughout. The middle range was north of the 1st range and was 60 poles broad. This con- tained the "cottage rights of sixty acres," which were to be given to the first 30 commoners, or their heirs or present owners of their land, in addition to what they were entitled to at that time. The 3rd range was the remainder of the land from the 2nd range to the river. Whenever possible this land was also laid out next to the owners of the land in the first division.
The first range was divided into eight lots as follows: No.
Acres 10
Poles
1 Dr. Michael Dwinnell
2 Elisha Perkins 15
3 Joseph Dwinnell
2 46
4 John Dwinnell
61/4
5 Widow of Samuel Town & Son Samuel 5 130
6 Edmond & Richard Town in father's right 4 10
7 John Clark 21/4
8 Frances Peabody 1
40
The cottage rights of sixty acres was the first lot laid out in the 2nd range. This was divided into 31 lots in the same proportion as the land was granted to the 30 original com- monors in 1661, Simon Bradstreet and Nathaniel Averill each having a right to Governor Bradstreet's share. The lets con- sisted of one, two or three acres, according to the rates paid in 1664:
No. Lots
Right of
Acres
1 Jacob Robinson
Edmund Bridges
1
2 Simon Bradstreet
Mr. Bradstreet
2
3 John How
William Smith
1
4 John Gould
Jacob Towne
2
5 Lt. Thomas Baker
Anthony Carroll
1
6 David Cummings
Isaac Estey
1
7 David Cummings
Joseph Towne
2
8 John Hovey
Lumkins Right
2
9 Eliezer Lake
Matthew Stanley
1
10 Nathaniel Boardman
William Evans
3
11 Joseph Cummings
Isaac Cummings, Sr.
1
12 Benjamin Towne
Edmund Towne
2
13 John Gould
Thomas Perkins
3
14 Capt. John How
John How
1
15 Lt. Thomas Baker
Frances Bales
1
67
COMMON LANDS
No. Lots
Right of
Acres
16 Ens. Timothy Perkins
Robert Andrew
1
17 Joseph Cummings
Isaac Cummings Jr. 2
18 Quatr Ephraim Wildes
John Wildes 2
19 Daniel Redington
John Redington
3
20 John Howlett
Ens. Howlett
2
21 Nathaniel Averill
Daniel Clark
2
22 Nathaniel Averill
Governor Bradstreet (for his land on north south of Mile Brook) 2
23 Jesse Dorman
24 Capt. John How
25 Isaac Peabody
26 Capt. John How
Thomas Browning
2
27 John Wildes
Mr. Endicott
2
28 John Prichard
Uselton's Right
1
29 Ens. Timothy Perkins
William Perkins 2.
30 Ens. John Gould
Zacheus & John Gould 3
31 Lt Thomas Baker
Thomas Baker
3
The other 3 lots in the 2nd range were divided as follows:
2 Isaac Peabody
14a.
3
Rev. Joseph Capen
15a.
4 Jacob Peabody 101/4a.
The 3rd range was divided in 13 lots:
1 Edmund & Richard Town in Right of father Thomas 18a. 20 р.
2
Right of Thomas Perkins, dec'd
18a.
3 Timothy Perkins
10a.
116p.
4 Jonathan Perkins
1a.
53 p.
5 John Perkins
2a.
18 p.
6 Thomas Perkins, Jr.
2a. 18 p.
7 Widow Goodale (Goodhall) Right of husband Thomas
1a.
12 p.
8 Jacob Estey
10a.
120р.
9 John & Jacob Robinson 15a.
10 Nathaniel Boardman
15a.
11 Widow Hannah Averill & John Averill, d'cd. 9a.
12 Joseph Robinson
4a.
50 p.
13 Zacheus Perkins
6a.
12 p.
Fourteen acres remained at the western end of the third range of the above. This was laid out into 14 lots averaging
Thomas Dorman 3
William Nickols 2
Francis Peabody
3
68
THE HISTORY OF TOPSFIELD
about one acre each beginning on the east side and running from the 2nd range to the river. They were granted :
1 Zaccheus Perkins 7 John Nichols
2 Joseph Robinson
8 Ebenezer Nichols
3 John and Jacob 9 John Burton
Robinson 10 Nathaniel Porter
4 Jacob Estey
11 John Curtis
5 Philip, Joseph & Benja- 12 Jacob Towne
min Knight 13 Amos Dorman
6 William Hobbs for grandfather William
14 William Porter
The road, now Hill Street, went through the southern end of Jacob Towne's lot in the 1st range on the western side of that street and he asked for satisfaction. According to the proprietors' records it appeared that the surveyor, Josiah Batchelder, who assisted the commoners in laying out the lots made a mistake. He measured several of the lots again and found that Jacob Towne had but "nine acres and seventy two pole with ye highway included" and the proprietors had taken out 110 poles for this road. Therefore he had but 8 acres 122 poles and he was supposed to have received 10 acres 50 poles. To settle the matter, Feb. 11, 1728/9, Mr. Towne was given 2 acres and 20 poles on the other side of the road near the bridge which was at the western end of the small lots on the third range.
On the north side of the river on Great Hill were about one hundred and twenty-three and one half acres of common land divided among eight persons :
1 Joseph Andrew
9 acres
146 poles
2 Ephraim and John Wildes
16
60
3 Ens. Timothy Perkins
19
124
4 Thomas Baker
16
22
5 Isaac Peabody
131/2
6 Nathaniel Borman
16
30
7 Jesse Dorman
16
15
8 Thomas Baker
15
111
On Cave Hill from Jacob Dorman's brook to the road by Ens. Perkins' fence toward Boxford fifty-three and one half acres went to :
1 Jacob Dorman 11a.
2 Luke Averill for his father Ebenezer 16a.
3 Isaac Peabody
3a.
4 Capt. John How 31/2a. 18р.
1
69
COMMON LANDS
5 Widow and Timothy Perkins, 3d 12a. 133р.
6 Nathaniel Borman in right of John and Samuel Bradstreet 7a. 16p.
Almost eleven acres were given to Samuel Howlett near his field and William Capen's. Next the Boxford line, sixty- three and one half acres were divided between Ivory and John Hovey. It was near their land in the vicinity of the present Haverhill street. Ivory Hovey had 33 acres and John the remainder.
Between the meeting house and Samuel Smith's there were about forty-five acres of common land in the vicinity of what is now Washington street. This was divided into 4 lots :
1 Zacheus Perkins 6a. 140р.
2 Daniel Clark
16a. 116p.
3 Benjamin Bixby 11a.
4 Samuel Smith 11a. 17p.
Near the Boxford line on the north side of the Ipswich River, thirteen acres were given to:
1 Thomas Baker 2a.
2 John Capen 5a.
3 John Prichard 6a.
A piece of common land near Hood's pond and the Ipswich line was given to John Prichard and Nathaniel Hood who lived nearby. The former had 21/2 acres and Mr. Hood 61/2 acres.
About 35 acres at Pembleton's hill near the north east side of town were divided among three men as follows:
1 Nathaniel Averill 17a. 120р.
2 Nathaniel Boardman 3a. 113p.
3 Simon Bradstreet
13a. 67р.
Seven people received about eighty-four acres of common land on Winthrop's hill. This was on the north side of town towards Linebrook parish. They were: No.
Acres Poles
1 Joseph Dorman
11
2 Widow Deborah Dorman, Right of husband Thomas 13
3 Joseph Borman 91/2
4 Joseph Cummings
5
5 Deacon John Howlett
17
53 1/3 9
6 Jacob Peabody
7 Capt. Tobijah Perkins 251/2
2
76
70
THE HISTORY OF TOPSFIELD
After reserving a highway that had been laid out, the same persons and John Hovey received about eight and one half acres which remained on this hill after the previous division. They received between one and two acres each.
About fifty acres was divided on Bare Hill, on the south westerly side of Haverhill Street. The first lots went to :
No.
Acres 11/2
Poles
1 Nathaniel Hood
2 John Capen
113
3 John Pricard
1
28
4 Thomas Baker
7
35
5 Ivory Hovey
2
120
6 Jacob Dorman 2
The remainder, after the first division on the hill, was divi- ded into twenty-six lots ranging from less than one acre to about three and one half acres.
The men receiving lots were:
1 Nathaniel Boardman in 14 Widow & Timothy Perkins
Right of John & Sam- uel Bradstreet 15 Ephraim Wildes
2 Nathaniel Boardman 16 Joseph Andrews
3 Ens. John Gould
17 Lt. Thomas Perley
4 Thomas Gould
18 William Town
5 Joseph Gould
19 Heirs of John Town
7 Simon Bradstreet
8 Zacheus Gould
21 Dea. Daniel Reddington
10 Ens. Timothy Perkins
23 Samuel Smith
11 Jesse Dorman
24 Job Averill
12 Isaac Peabody
25 John Clerk
13 Capt. John How 26 Widow Hannah Averill & John Averill dec'd
About five and one quarter acres remaining above the meet- ing house went to six freeholders. Each lot contained 1 to 2 acres. They were:
1 Benjamin Bixby
4 Estate of Thomas Perkins
2 Daniel Clark
5 Estate of Thomas Goodhall
3 Eliezer Lake 6 Thomas Perkins, Jr.
One and one quarter acres north of the training field was given Samuel Howlett.
6 Nathaniel Averill
20 Joshua Town in right of father Jacob
9 Luke Averill
22 Heirs of Samuel Towne
71
COMMON LANDS
The original book of the committee, containing their notes on dividing the common land of Topsfield in 1720, was for- merly owned by Edward S. Towne of Westboro, Mass., and is now in the possession of the Essex Institute. It not only contained the record of the divisions of lots as copied in the Proprietors Book, but rough drawings of the various areas with the dividing lines, figuring, etc.
The following is the final account of the committee's charges for work and expenses in dividing the common lands :
Ens. Timothy Perkins to sixty days £9- 0-0
Ens. John Gould to fifty eight days 8-14-0
Mr. Nathaniel Averill to forty five days 6-15-0
Mr. Edward Putnam to fifty five days 8-14-0
Thomas Baker to sixty three days and one half
9-10-6
£42-13-6
For Entertaining ye artist & keeping his hors
3-5-0
Charg for ye Book and Entering ye whole Division therein
3-0-0
Casting Rates
2-5-0
Entering
22-8-0
£73-11-6
After all this land had been divided, and claims had been adjusted for those who found their share short of their grant, the committee found that nearly twenty acres were still un- divided. These were 3 acres 40 poles near the meeting house ; 1 acre 60 poles near Mr. Capen's; 2 acres 20 poles near the training field; two lots near Bare hill, one of 7 acres 106 poles, and the other, 4 acres 100 poles, and the 60th lot in the cottage rights of 115 poles. In 1729 some of this was sold to pay the costs of laying out all the common land and the rest was divided into eight parts, and each of these divisions laid out to groups of proprietors. Following this final div- ision of all common lands, no other meeting of the proprietors was recorded in their book until 1740. At that time there remained ten pounds, twelve shillings in the proprietors' hands and this was turned over to the town treasurer, Richard Towne, whose receipt for same was dated May 14, 1740.
During the next fifty years but five meetings were held and the only business transacted was the election of a moderator and clerk. The last meeting of the "Proprietors of the Com- mon Land in Topsfield but now Divided" was held April 11, 1791.
72
THE HISTORY OF TOPSFIELD
In 1711 a number of owners of meadows "lying together and being very chargable as well as difficult for each owner to fence Intire," decided to put "one common fence" around the whole lot, known as River, Bradstreet's and Hassocky meadows. All proprietors were to have equal privileges in this land. No cattle could be turned in until after September 8 when all the hay had been cut and carried away. Meetings were held annually, rules adopted to regulate the number of animals allowed to feed on the meadows and length of fence determined which each proprietor was to build or take care of. The last meeting recorded in this book was in 1779.
CHAPTER IV TOWN GOVERNMENT
After Topsfield became a distinct community in 1650, authorized by law to have its own government and manage its own affairs, it might be expected there would be an authentic history of its organization and early proceedings. Unfortu- nately the first book of records was burned in 1658 by a fire that consumed the home of John Redington, the town clerk. The first town clerk was William Howard whose name appears in the court records. He was probably succeeded by John Redington in 1657. Mr. Redington held the office until 1676 and must have kept a second book during the remainder of his term of office, which also has disappeared.
At the town meeting March 7, 1675/6 Lieut. Francis Pea- body was chosen "Clark to kep the Towne Book this yere." At this time a new book was procured and it was voted to have "the olde book transcribed into the new book." These excerpts were meagre and unsatisfactory, entered as leisure permitted on blank leaves ahead and without regard to date. After all that was deemed important was transferred, the old book was, perhaps, destroyed; it certainly was not preserved. So the historian and genealogist must content himself with the few extracts from the second book or other sources of information that may be available.
After 1676 few towns or cities can boast of records more carefully preserved, with entries made in greater detail. It is a story of grants of lands, boundaries, taxes, highways, bridges, provision for the poor, care of the common lands and timber and careful oversight of the public morals. No matter was too small or too great to merit watchful consideration by the town meeting or the selectmen. They minutely legis- lated on affairs of the meeting house, minister and seating of worshippers. The former was the centre round which the life of the town revolved. The seating of the congregation was not done on an equal basis. The largest tax payers and those of social position had precedent over the ones who paid a lower rate.
(73)
74
THE HISTORY OF TOPSFIELD
To supplement the watchful care of the minister, tithing men living in various parts of the town were selected and placed in charge of the families living in their immediate neighborhoods. This office was an important one. The first mention of them in the records was at a meeting of the select- men on Sept. 1677 "in relation to the law concerning tithing men;" they "maed chois" of Mr. William Perkins Senior, Deacon Thomas Perkins, Sergeant Edmund Towne and Wil- liam Nichols. William Perkins was to inspect the families of Lieut. Francis Peabody, Thomas Baker, Thomas and Ephraim Dorman, William Averill, Daniel Boardman, John Hovey, John Prichard and Isaac Cummings. Deacon Perkins had the families of Sergeant John Redington, John Wildes, John French, Samuel and William Howlett, Michael Dwinnell, John Cummings and John Bradstreet. Edmund Towne had the families of Ensign John Gould, John Curtis, Matthew Stanley, James Waters, Joseph Towne, Isaac Estey, Jacob Towne, John Robinson, Daniel Clark, John How, Luke Wake- lin and William Perkins. William Nichols had the families of Nichols brook, John Nichols, Thomas Kenney, William Hobbs and Philip Knight.
The following year Deacon Perkins, William Nichols, Isaac Estey and Francis Peabody were chosen tithing men to "inspect ani parson ore parsons that shall profane the saboth and to proseed against ani that shall be falte as the law diracted."
The earliest list of men in Topsfield was a record made in 1661. This gives the names of 30 "commoners" who were then entitled "to share" in the common land which was to be divided. Their rights were based either on grants of land made to them, which they had inherited, or original grants they had purchased from others. As in the seating in the meeting house the commoners did not share equally in the division of land. The wealthier men who paid more than 50 shillings to the minister's rate in 1664 were to have three shares, those who paid from 20 to 50 shillings were to have two shares while those who paid less than 20 shillings were to receive a single share.
In addition to the common land which was divided in 1664, large tracts were held for some years as common property. Later this also was divided among the inhabitants, the early list of "commoners" being an important entry copied from the old record book. It was often referred to and served as a basis for determining the rights of the several "proprietors" when the later divisions of common land were made.
75
TOWN GOVERNMENT
Among the most numerous items of the town's business before 1700 were votes to arrange and settle the rights of the commoners, to regulate the cutting of wood and timber or restrain those who were not commoners, and to prevent en- croachment upon the territory.
In early times only freemen were allowed to vote for officers and have a voice in the town meetings. After 1664 the law was modified so "that from henceforth all Englishmen pre- senting a certifficat, vnder the hands of the ministers or minister of the place where they dwell, that they are orthodox in religion ; & not vitious in theire liues, and also a certifficat, vnder the hands of the selectmen of the place, or of the major part of them, that they are freeholders, & are for their oune proper estate (wthout heads of psons) rateable to the country in a single country rate, after the vsual manner of valluation, in the place where they liue, to be full value of tenne shillings, or that they are in full communion wth some church amongst vs, it shall be in the liberty of all & euery such person or persons, being twenty fower yeares of age, householders and setled inhabitants in this jurisdiccion, from tjme to tjme, to present themselves & their desires to this Court for their admittance to the freedome of this commonwealth, and shall be the priuiledge to have such their desire propounded & put to vote in the General Court for acceptance to the freedome of the body polliticke by the sufferage of the major pte, ac- cording to the rules of our pattent."
Commoners had the right of voting on all questions relating to common lands. While the first list of men in Topsfield is headed "commoners" it is quite likely that most of them were also freemen. It did not always hold true however that members of one body also belonged to the other. At a town meeting held March 7, 1675/6, it was granted that Samuel Howlet, John French, Wm. Perkins, Jr. and Michael Dwinell be commoners "as other freeholders are In our Coman land for feed and other preuilieges." Two years later Tobijah Perkins was allowed to become a commoner "for feed and falling timber as his nibors ar." John Curtis was admitted as a commoner in 1680/1 and Daniel Clarke the next year. Rev. Joseph Capen was declared a commoner in 1684/5. Finally in March 19, 1715/6 the town agreed that every free- holder then an inhabitant of Topsfield and owner of 20 acres of land, part of it meadow, should be made commoners and share in the common land for wood, timber, herbage and other privileges.
In 1668 a third list of men in Topsfield was made of those
76
THE HISTORY OF TOPSFIELD
who paid a county rate. There were forty-six names includ- ing one woman, Deborah Perkins, the widow of John, and the minister, Rev. Thomas Gilbert. Fifty-seven men of Topsfield took the oath of allegiance and fidelity in 1677 and seventy- four men gave the oath a year later. The number who were freemen or commoners has not been found.
Topsfield was not exempt from serious difficulties which arose over the adjustment of boundaries between adjacent towns. There was no trouble with Rowley and little with Wenham over the lines and after a short quarrel with Ipswich that line was established. But with Salem and Boxford there was a long contention. The contest between Topsfield and Boxford was particularly obstinate and part of the boundary was in controversy for nearly 300 years, until it was finally settled by an act of legislature about 1935. A similar lengthy and more bitter dispute arose between Salem and Topsfield. (See Chapter 2)
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