History of the town of Essex : from 1634 to 1868, Part 5

Author: Crowell, Robert, 1787-1855; Choate, David, 1796-1872; Crowell, E. P. (Edward Payson), 1830-1911
Publication date: 1868
Publisher: Essex, [Mass.] : Published by the town
Number of Pages: 504


USA > Massachusetts > Essex County > Essex > History of the town of Essex : from 1634 to 1868 > Part 5


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MARRIAGE CEREMONY.


A beautiful bright sun dawns on the nuptial day, ac- companied with a balmy refreshing air. The company begin to assemble at an early hour. The best room is thrown open, and soon filled with the invited guests, the near neighbors, and many friends and acquaintances, from the body of the town. The officiating magistrate, William Paine, Esq., with Mr. Rogers and Mr. Norton, enter to- gether, and receive the affectionate salutations of the com- pany. The children are at home. William has brought his "intended" to partake with him the joy of the occasion. Charles Waldo, of Chelmsford, soon to be married to Han- nah, is also present. There are two young men from the centre of Ipswich, Clark and Tuthill, both beginning to be troubled with some heart-beatings. Clark has an eye upon Abigail, and Tuthill upon Sarah, both of whom, in


51


THE SCHOOL FARM.


1634-1700.]


some unaccountable way, have caught the same heart com- plaint. But whether they caught it of the young men, or the young men of them, remains in uncertainty. One thing is certain, they hardly dare to exchange glances, be- cause they have not yet asked leave, and the law of the colony is severe upon the young man that makes or mani- fests love to a young lady without leave, formally obtained of her parents.


The bride and bridegroom are seated by themselves op- posite to the magistrate, with the brides-maid and grooms- man in their appropriate places. The time for the cere- mony having arrived, Mr. Rogers invokes the blessing of God. The magistrate then joins the parties in marriage, by their mutual assent to a solemn covenant, and Mr. Norton closes with prayer. As the marriage feast is soon to follow, the intervening time is spent in pleasant and profitable conversation on the signs of the times, and the news of the day, both at home and abroad. The news from England of the execution of Charles I., particularly engrosses their attention. They are all agreed that if ever a murderer deserved death for one act of murder, Charles, who, by his tyranny and cruelty, perpetually har- assed and oppressed his subjects, robbing them of their dearest rights and privileges, certainly deserved no less. Cromwell, the real leader and master-spirit in this struggle for freedom, they highly extol for his piety and courage, his wisdom and indomitable energy, his patriotism, and love of justice, and devoutly wish, that with the help of God, he may be instrumental of restoring liberty to Eng- land, and establishing permanently a republican form of government. Dinner being ended, and the company re- tiring, you retire with them.


THE SCHOOL FARM.


1651, Jan. 11th. The town give to the Grammar or Latin School all the "neck beyond Chebacco River and the


52


HISTORY OF ESSEX.


[CHAP. 1.


rest of the ground up to Gloucester line." January 16th, this land is leased by the trustees of the donation to John Cogswell, Jr., of Chebacco, and his heirs and assigns for- ever, for £14 a year. It includes the land on the south of the river to Gloucester line, as far east as the creek, over which is the lower causeway, and west, as far as the brook near Warren Low's house. At the date of this lease, money by being very scarce, was of so much value, that £14, ($67.76,) was a sufficient salary for the teacher. But when money, by becoming more plenty, fell in value, and would purchase comparatively but little, the salary was altogether insufficient. Hence, the town in 1720, were about commencing a suit against the holders of the school farm, to compel them to pay the original value of the £14. This suit they offered to relinquish, if the oc- cupants of the farm would agree to support the school- master; which would have cost in that day, about $200. But this the occupants were clearly not bound to do by the terms of the lease, as the town no doubt ascertained ; for they abandoned the prosecution, and remained satisfied with the nominal sum. If it had been stipulated in the lease, that the annual rent should be more or less than £14, according to the value of money, estimated by the current price of certain specified articles of living, the amount at this day would probably have been more than $200 a year. This, however, would not now support a schoolmaster, as £14 did then, because, besides the differ- ence in the price of commodities, the style of living, is now full three times as expensive as it was then.


DEATH OF MR. ROGERS.


1655. The funeral of Mr. Rogers, the only minister of the town, after the removal of Mr. Norton to Boston, takes place, and is attended by a great number of people, from all parts of the town, and by many from neighboring towns. He is buried at the expense of the town, and his


53


.


1634-1700.]


REV. MR. ROGERS.


grave is bedewed with the tears of many who loved him as their pastor, and whose souls had been savingly bene- fited by his earnest and faithful ministry. The people of Chebacco have much reason to lament his comparatively carly departure from life, for often had he been with them in their houses, in scenes of joy and sorrow. He had sat with them by the side of their sick beds, directing them to Jesus, the friend and Saviour of sinners, and comfort- ing their hearts with His promises to the penitent and believing. He had solemnized their marriages, baptized their children, and buried their dead. For sixteen or seventeen years, they had enjoyed his ministry in the sanctuary of God, on the Sabbath, and on lecture days. His sermons were of a more than ordinary character, and were listened to by large and attentive audiences. In addition to what has been already said of him on page 36, the following extract from Cotton Mather's Magnalia Christi Americana, published in 1702, may be added :


" In College he became a remarkable and imcomparable proficient in all academick learning. His usual manner was to be an early and exact stu- dent, by which means, he was quickly laid in with a good stock of learning, but unto all his other learning there was that glory added, the fear of God, for the crown of all ; the principles whereof were instilled into his young soul with the counsels of his pious mother, while he sat on her knees, as well as his holy father, when he came to riper years. Having entered the minis. try he was preacher to a great congregation at Boeking in Essex for four or five years, and for five years afterward to the parish of Assington in Suffolk. In both of those places his ministry was highly respected and greatly pros- pered, among persons of all qualities. He was a lively, curious, florid preacher ; and by his holy living, he so farther preached, as to give much life to all his other preaching. He had usually every Lord's day, a greater number of hearers than could crowd into the church ; and of those many ig- norant ones were instructed, many ungodly ones were converted, and many sorrowful ones were comforted. Though he had not his father's notable voice, yet he had several ministerial qualifications, as was judged, beyond his father ; and he was one prepared unto cvery good work, though he was also exercised with bodily infirmities, which his labors brought upon him. But it was the resolution of the Hierarchy, that the ministers, who would not con-


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HISTORY OF ESSEX.


[CHAP. 1.


form to their impositions, must be silenced all over the kingdom. Our Mr. Rogers, perceiving the approach of the storm towards himself, did, out of a particular circumspection in his own temper, choose rather to prevent, than to receive the censures of the ecclesiastical courts, and therefore he resigned his place. Nevertheless, not being free in his conscience wholly to lay down the exercise of his ministry, he designed, a removal into New England. Setting sail at Gravesend he landed at Boston about the middle of November 1636 after a voyage of twenty-four weeks. Soon after he accepted of an in- vitation to Ipswich, where he was ordained pastor of the church, on February 20, 1638, (1639, N. S.,) at his ordination, preaching on II. Cor. 2 : 16,- who is sufficient for these things ; a sermon so copious, judicious, accurate, and elegant that it struck the hearers with admiration. While he lived in Ipswich, he went over the five last chapters of Ephesians, in his ministry ; the twelfth to the Hebrews, the doctrine of self-denial, and walking with God; and the fifty-third chapter of Isaiah, to the great satisfaction of all his hearers, with many other subjects more occasionally handled. It belongs to his character that he feared God above many, and walked with God at a great rate of holiness, though such was his reservedness, that none but his intimate friends knew the particulars of his walk, yet such as were indeed intimate with him, could observe, that he was much in fasting and prayer, and meditation, and those duties wherein the power of godliness is most maintained ; and as the graces of a Christian, so the gifts of a minister, in him, were beyond the ordinary attainments of good men, yea, I shall do a wrong unto his name, if I do not freely say that he was one of the greatest men that ever set foot on the American strand.


" He had often been seized with fits of sickness in the course of his life ; and his last seemed no more threatening than the former, till the last morning of it. An epidemic sort of cough had arrested most of the families in the country, which proved most particularly fatal to bodies, before laboring with rheumatic indispositions. This he felt ; but in the whole time of his illness, he was full of heavenly discourse and counsel, to those who came to visit him. It is a notable passage in the Talmuds, that the inhabitants of Tsip- por, expressing an extreme unwillingness to have the death of R. Judah, (whom they surnamed The Holy, ) reported unto them, he that brought the report, thus expressed himself. Holy men and angels took hold of the tables of the covenant, and the hand of the angels prevailed, so that they took away the tables. And the people then perceived the meaning of this para- boliser to be, that holy men would fain have detained R. Judah still in this world, but the angels took him away. Reader, I am as loth to tell the death of Rogers, the Holy ; and the inhabitants of Ipswich were as loth to hear it, but I must say the hand of the angel prevailed on July 3d, 1655, in the afternoon, when he had uttered those for his last words : 'My times are in thy hands.' His age was 57."


55


HAFFIELD'S BRIDGE.


1634-1700.]


Such were the character and labors of him on whose ministry our ancestors in this place attended, and with whom some of them had come from England. If obedi- ent to that gospel which he preached, they are now re- joicing with him among the redeemed in glory.


HAFFIELD'S BRIDGE AND ROAD.


1656. This year is memorable for the building of Haf- field's bridge. On the following year, " A road is laid out," says the record, "to Goodwife Haffield's bridge, through Mr. Roger's ox pasture." This is the present road from Haffield's bridge, to the corner of the first road which came round the head of Choate's brook. A road must have been opened at the same time on this side, over the hill to the bridge. Our fathers, in beginning their homes in a wilderness, had so much to do, and so little to do with, that they found it easier to go round the creeks than to make bridges over them. Yet as soon as their means allowed, they were ready to make improve- ments in roads and bridges, as well as in other things, per- taining to the conveniences and comforts of life.


COURT-HOUSE AND JAIL.


As early as 1636, a court was held in Ipswich once a quarter, for the trial of such offences as were not capital. This court answered to our modern court of Common Pleas. The Supreme Court did not begin to sit in this town till 1693. A jail was built here in 1652. It was then the second in the colony. In 1656, a House of Cor- rection was in operation. It seems to have been connected with the jail. The inmates were required to work, as the Selectmen were directed to supply them with flax and hemp.


The trials in the courts, it may be presumed, were con- ducted, for the most part, in the same manner as they are at this day. The jurors were then, as now, taken from the different towns of the county, and were the supreme


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HISTORY OF ESSEX.


[CHAP. 1.


judges in every case between man and man, and between man and his majesty's province. The justices or judges upon the bench were to decide upon all points of law, but the jury upon matters of fact, involving questions of prop- erty, or of guilt or innocence. This is the great bulwark of English liberty. All are equally free and safe, where all have the privilege of being tried by their peers. But let us go into one of the Ipswich courts, held in olden time. It is in the month of May, 1663. As we ascend the hill, the meeting-house, a handsome edifice, is on our left ; a neat but smaller building on our right, is the court- house. A little north of the meeting-house, we see the jail and house of correction, a dark, comfortless looking building, with its windows guarded by iron bars. Be- tween the church and the prison, on the same level spot, stands the whipping-post, tall and stout, with its iron hook, to fasten and draw up the culprit, while the lash is applied to the naked back. And near the post, stand the stocks. The pillory was placed there only when occasion required. We enter the court-room, while the church bell is sending forth its peculiar peals, which all understand to be an in- vitation to all concerned, to hasten to court. Standing in the crowd, just within, we hear the authoritative voice of the sheriff, " Make way for the Court! make way for the Court !" and begin to fear, as we can move but little, that we shall be found guilty without an indictment. An opening is made, and his Honor, the Court, passes through, and takes his seat on an elevated bench, next to the wall. The counselors-at-law sit before him in an enclosure, formed by a railing, called the bar. On the right and left of the gentlemen of the bar, are seated the jurymen. A stand or platform for the witnesses, is near the bar, and just without it, and facing the judge, is the box for crimi- nals. As it is the first day of the court's sitting, Mr. Cob- bet, one of the ministers of the town, offers an appropriate prayer. The voice of the sheriff is then heard in strong


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THE QUARTERLY COURT.


1634-1700.]


and measured accents, "Oyes, Oyes, Oyes, all persons who have anything to do before the Quarterly Court, may now draw near, and give their attendance, and they shall be heard. God save the king."


A prisoner is now brought in, and placed in the crimi- nal's box for trial, a woman from Newbury, charged with the crime of perjury. The jury for the trial of this case are impaneled, and sworn by the clerk. With uplifted hands they assent to the oath : "You solemnly swear that you will well and truly try the issue between his majesty's province and the prisoner at the bar. So help you God."


As you listen to the closing words, and ponder upon their meaning, you are satisfied that it is a solemn appeal to God for the truth of what is said, with a consent to be saved or destroyed by Him, according as you speak truly or falsely. This is the highest obligation which man can impose upon his fellow man, to tell the truth, the whole truth, and nothing but the truth. An oath for confirma- tion is an end of all strife. It is as far as man can go to terminate controversies.


The criminal at the bar, in a case in which she was a witness, had, under oath, testified falsely, and thus com- mitted the crime of perjury. The clerk reads the indict- ment, which sets forth with great particularity, the crime with which she is charged. This particularity, in its abundance of words, in almost every variety of form, seems to you tedious and unnecessary. But it is the re- sult of much experience, and is, every word of it, neces- sary to secure both the rights of the prisoner, and of the community at large. After reading the indictment, the clerk addresses the prisoner, Leah Sapphira, (which we may suppose to be her name.) " What say you to this in- dictment; are you guilty thereof, or not guilty?" "Not guilty," is the reply. He then turns to the jury. "Gen- tlemen of the jury, the prisoner pleads not guilty, and for trial, puts herself upon her country, which country you 8


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HISTORY OF ESSEX.


[CHAP. 1.


are. If she is guilty, you will say so, and if not guilty, you will say so, and no more. Gentlemen of the jury, hearken to your evidence."


The attorney for the government opens the case by stating particularly what he intends to do, and to prove, and then proceeds to call his witnesses. They testify, under oath, what they know of the matter; all which goes to prove her guilt. They are cross-examined by the prisoner's counsel, that he may draw something from them, if he can, which will go to refute their own testimony. He then brings forward his rebutting testimony ; calls witnesses to prove the general goodness of her character, and to establish the truth of the facts, to which she testi- fied in the case in which she is said to have committed perjury ; and goes on to show, by a labored argument, that the evidence against his client is altogether insufficient to prove her guilt, and appeals to the good feelings of the jury, to their love of humanity, and justice, and to their honest perception of the failure of the government to prove the guilt of his client, that thus he may persuade them to bring in a verdict which shall relieve her from this state of disgrace and distress. His majesty's counsel then ad- dresses the jury : dwelling upon the facts in the case, and showing, as we may suppose, that she testified falsely in a point material to the issue of the case, by swearing to that, which, as all the witnesses were agreed, never took place. Her testimony, therefore, was wilfully false and malicious.


The pleas on both sides, are able and eloquent. The jury listen attentively, but with a conservative counte- nance. The judge states the case, recapitulates the evi- dence for and against, and charges the jury that if they are satisfied that the evidence against her is full and con- clusive, beyond all reasonable doubt, they must return a verdict of guilty. But if they have reasonable doubts in the case, they are bound to let the prisoner have the


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MANUFACTURES.


1634-1700.]


benefit of them, and bring in their verdict accordingly. The prisoner hears this with a countenance marked with anxiety, and deep interest. The jury retire, but soon re- turn to their seats. The clerk then says, "Mr. Foreman, are you agreed in a verdict?" "We are agreed," is the response. "What say you, Mr. Foreman, is the prisoner at the bar guilty, or not guilty ?" " Guilty !" says the fore- man. "Gentlemen of the jury, hearken to your verdict. The jury, upon their oath, do say that the prisoner at the bar is guilty. So you say Mr. Foreman, so say you all, gentlemen of the jury ?" The jury bow assent.


The judge prefaces the sentence with a few pertinent remarks, on the heinousness of the crime of perjury, as striking a deadly blow at the very existence of society, by destroying all confidence in testimony, and as full of impiety and profaneness, tending to bring down upon the guilty head, the wrath and curse of the Almighty. As this, however, is her first offence, he imposes on her the lightest penalty of the law; which is, that she stand at the meeting-house door, in the town of Newbury, next lecture day, from the ringing of the first bell, till the min- ister be ready to begin prayer, with a paper on her head, having on it, written in large capital letters, FOR TAKING A FALSE OATHE. She is taken to prison, to be held in custody, till the sentence is executed. If you are disposed to think the penalty too light for the crime, you will re- member that the culprit is a woman, perhaps of some standing and character, and the mortification must be ex- treme, to stand as if in a pillory, and be gazed at, for an hour, by all her neighbors and town's people, as a false, perjured woman.


MANUFACTURES.


Among the manufacturers in town, in the progress of this century, are mentioned, ropemakers, coopers, gun- smiths, wheelwrights, carpenters, glovers, tailors, soap-


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HISTORY OF ESSEX.


[CHAP. 1.


makers, maltsters, ship-builders, tanners, curriers. No shoemakers are mentioned ; probably, for the reason that the inhabitants made their own shoes, principally, if not wholly. An aged man remembers that at a much later period, there were traveling workmen, who cut and fitted shoes for families, and occasionally finished them.


The first saw-mill in Ipswich, was erected on Chebacco River, in 1656. The conditions of the grant were, that there be liberty for cutting timber, (on commoners' wood land,) provided none be cut within three and one half- miles of the meeting-house, and the town have one- fifteenth of what is sawed, and no inhabitant be charged more than four per cent. Nine years after, Jonathan Wade is allowed to have one on the same river. 1667: May 23, Lieutenant Thomas Burnham is permitted to erect one near the falls; but not so as to injure Mr. Wade's. Four years after, another is erected by William Story. 1682: Jonathan Wade is allowed to set up one at the falls. 1687 : John, son of Thomas Burnham, re- moves his mill so as to be near George Story's. No saw- mill is mentioned during this century, in any other part of the town : and no grist-mill is erected here until 1693, when John Burnham, Jr., had leave to erect one at " the launching place." This was, doubtless, "the launching place " below the falls, to which the new road leads, as the remains of the dam are still to be seen there. Why it was that during this century all the sawing was done here, and all the grinding on Ipswich River, we have no means of learning. Probably, the building of vessels here, was the reason why so many saw-mills were erected.


THE FIRST SHIP-YARD.


1668. Twelve years after the first saw-mill was erected, the town grant "One acre of ground, near Mr. Cogswell's farm, to the inhabitants of Ipswich, for a yard to build ves- sels, for the use of the inhabitants, and to employ work-


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FIRST SHIP-YARD.


1634-1700.]


men for that end." This is pretty conclusive evidence, that our ancestors here had already begun to build vessels, as it seems altogether improbable, that a ship-yard would have been granted by the town, if it had not been asked for, and equally improbable that it would have been peti- tioned for, if the building of vessels was wholly unknown here. This acre for a ship-yard, was near the present bridge. Mr. Cogswell's farm came up to the main road, on the north side of Spring street; but on the south side only as far as the brook, back of the first burying-ground, and to the creek, into which this brook runs. The ship- yard, then, to be near Mr. Cogswell's farm, must have extended from some point near the mouth of this creek, south-westerly on the bank of the river, probably twenty rods, and eight rods back from the river. As it was then partly covered with timber, and bounded by marked trees, the bounds, through want of care, became obliterated.


FIRST CHEBACCO BOAT.


Tradition says, that the first Chebacco boat was built by a Burnham, in the garret of an ancient house, which stood where is now the house of Daniel Mears, south-west of the corner of the old and new road to Manchester ; and that the garret window had to be cut away before they could launch her. An aged man, Parker Burnham, 1st,* says that when a child, about 1770, he distinctly re- members hearing his grandfather, then very aged, relate this fact to his father. This grand-parent was born about 1690. He had probably himself received the fact from parental or ancestral lips. Another part of the traditional account of this first boat, derived from another source, is, that the Summer after she was built, a man and a boy, Burnhams, of course, as she was built by one of that name, went in her to Damaris Cove, about one hundred and twenty miles, for a fare of fish. If we are disposed


* Deceased since this part of the history was first published.


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HISTORY OF ESSEX.


[CHAP. 1.


to doubt whether both of these facts can be true, we must wait till we better know the structure of the house, and the size of its garret, and of the boat, before we can safely set aside the tradition of the fathers. It is certain that there was a first Chebacco boat built for fishing, and a first trip of this first boat. And we may as well take the ancient tradition concerning the matter, as any modern suppositions.


FIRST FISHING VOYAGE.


As the season is pleasant, and the trip a novel one, we will accompany this enterprising skipper, and his youthful companion, down to the eastern shore, and see how they succeed in taking a fare of fish. It is early in June. The storms of Spring have passed away, and Summer's days begin to shed their balmy influence on land and water. As our new vessel is to sail very early in the morning, if the wind is fair, she is taken down the river, as far as the horse bridge, the night before. The morning comes, and the Summer breeze is from the west. We must be at the bridge at early dawn, to go on board with the captain and his boy. The ship is small, and will carry but two or three tons. But as our spirits are light, we shall not much trouble her with our weight, so we may take our stand upon the forecastle, unperceived by either of the crew. Our vessel is of a peculiar shape, sharp at both ends, though not designed to sail either way, as a super- ficial observer might think. She is pink-sterned, and pos- sesses a good rudder, the tiller of which is grasped by our skipper, as soon as all sails are set, and all hands on board, and she is loosed from her fastening. We are soon under way, with a stiff breeze, and rapidly pass the objects on shore, among which are here and there groups of half- naked Indians, old and young, whose curiosity is excited at the sight of our boat, with her wide-spread canvass. The islands appear in all their beauty, covered with verd-




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