USA > Massachusetts > Essex County > Essex > History of the town of Essex : from 1634 to 1868 > Part 9
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Such a government, it is said, is the British empire ; a limited monarchy based upon a noble and efficient democracy ; where the concurrence of the Lords, and Commons, in making and repealing all statutes or acts of Parlia- ment, is necessary ; and thereby hath the main advantages of an aristocracy, and of a democracy both, and yet is free from the disadvantages of either. It is such a monarchy, as by most admirable temperament, affords very much to the industry, liberty and happiness of the subjects, and reserves enough for the majesty and prerogative of any King, who will own his people as sub- jects, not as slaves. All this we would fain believe true of the British Con- stitution ; and yet we look back upon the republics of Greece, and see some very desirable principles of liberty, which though they failed under paganism, we are confident may be sustained, and carried out under the conservative in- fluence of Christianity. Of the Athenian Commonwealth, Plato writes, " The original of our government was taken from the equality of our race. Other states there are, composed of different blood and unequal lines ; the consequence of this is tyrannical or oligarchical sway, under which men live in such a manner, as to esteem themselves partly lords and partly slaves. But we, being all born brethren of the same mother, do not look upon our- selves as standing in so hard a relation, as that of lords and slaves. The purity of our descent inclines us to keep up the purity of our laws, and to yield the precedency only to superior virtue."
It seems manifest that most civil communities arose at first from the union of families, nearly allied in race and blood. And though ancient story makes frequent mention of Kings, yet it appears that most of them were such as had an influence in persuading rather than a power of commanding. So Justin describes the kind of government as the most ancient, which Aristotle styles, heroic; which is no ways inconsistent with a democratic state. I am aware, Sir, that it will be said that in such reasoning, and remarks, we are holding forth the language of sedition, and rebellion against the powers that be. But we disclaim all such intention ; we hold ourselves loyal subjects of a government, which is itself regulated by the constitution and laws of the land. And it has been well said, that where the laws of the land are the measure, both of the sovereign's commands, and the people's obedience, the one cannot invade what by concessions and stipulations is granted to the other ; nor the other deprive them of their lawful and determined rights.
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HISTORY OF ESSEX.
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The prince therefore, or magistrate who strives to subvert the fundamental laws of the country, is in reality the traitor, and not the people, who endeavor to defend and preserve their own laws and liberties.
It is most apparent, through the whole ministry of the world, that it is the duty of all public officers to administer according to the plain rules of the public state, and not by their own fancy, or wills. And so in this case, the chief ruling officer is obliged to lead the government according to its plain and settled principles, and not to hesitate or vary to suit his own convenience or wishes. It is the saying of those who are skilled in the law, Rex in regno duo superiores habet, Deum et Legem. The king has in his realm two superiors, GOD, and the LAW. All the nobles and great ministers of the kingdom must look upon the law as the watchful eye of some dire di- vinity, restraining them from all deviations and violations. All Englishmen live and die by the law, --- the law of their own making
The English government is a charter party, settled by mutual compaet be- tween persons of all degrees in the nation, and no man must start from it but at his peril. Englishmen hate an arbitrary power, politically considered, as they hate the wicked one. Through immemorial ages they have been the owners of very fair enfranchisements, and liberties ; and the sense, favor, and high esteem of them, have been, as it were, extra ducem transmitted with the elemental materials of their essence, from generation to generation, and so ingenite and mixed with their frame, that no artifice, craft, or force, can root it out. Naturam expellas furca, tamen usque recurret .*
And though many of their incautelous princes have endeavored to null all their charter rights and immunities, and aggrandize themselves in the serene . state of the subjects, by setting up their own will for the great standard of government over the nation ; yet they have all along paid dear for their at- tempts, both in the injury of the nation, and in interrupting the increase of their own grandeur, and their foreign settlements and conquests. On the first appearance of this monster, Tyranny,-upon the holding up of a finger, or upon the least signal given,-on goes the whole nation upon the Hydra. The very name of an arbitrary government, is ready to put Englishmen's blood into a fermentation. But when it actually comes in person, and shakes its whip over their ears, and tells them it is their master, it makes them stark mad ; and being of a mimical genius, and inclined to follow the court mode they turn arbitrary too. Some writers who have observed the governments, and humors of nations, thus distinguish the English. The king of Spain is the king of men. The king of France the king of asses ; and the king of England the king of devils ; for the English can never be bridled and rid by an arbritrary prince.
We trust, sir, that in this province we shall prove true to the blood that flows in our veins ; true to our country, and to our God. We may have to suffer by refusing to pay this unconstitutional tax ; but we have a good God
*You may drive out nature with violence, but she is sure to return.
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TRIAL OF MR. WISE.
1634-1700.]
and a good king, and shall do well to stand to our privileges at all hazards. We shall suffer more by a servile compliance with so unjust a demand, than we can by a manly refusal. We shall in that case inflict a blow upon our rights and liberties, which may prove mortal. In the alternative of slavery or death, freemen cannot hesitate. If we must fall, let it be by the hand of tyranny, and not by any act of our own. Let us die as martyrs in a glorious cause and not as guilty self-murderers. I doubt not, Sir, that when the vote is tried, we shall all be of one heart, and one mind, not to surrender our rights. In this way we shall obey God, and honor the king.
As the above is chiefly in Mr. Wise's own words, the reader may consider it as a specimen of his mode of rea- soning, and style of writing on the great subject of civil and religious freedom. He was then thirty-six years of age, combining the fire of youth with the firmness and wisdom of manhood.
TRIAL AND PUNISHMENT OF MR. WISE AND HIS FELLOW-CITIZENS.
A report of Mr. Wise's doings, and of the action of the town was made to the Governor, and the consequence was that he, and five others, John Andrews, William Goodhue, Robert Kinsman, John Appleton, and Thomas. French, were arrested and committed to jail in Boston ; being de- nied the privilege of giving bonds for their appearance in court. They were all found guilty of contempt and high misdemeanor, and kept in prison twenty-one days longer, before sentence was passed. But we will let Mr. Wise tell the story in his own words :
" We, John Wise, John Andrews, Sen., Robert Kinsman, William Good- hue, Jr., all of Ipswich, about the 22nd of August, 1687, were, with several principal inhabitants of Ipswich, met at Mr. John Appleton's and there dis- coursed and concluded, that it was not the town's duty in any way to assist that ill method of raising money without a general assembly, which was gen- erally intended by above said Sir Edmund, and his Council, as witness a late act issued out by them for such a purpose. The next day in a general town meeting of the inhabitants of Ipswich, we the above named J. Wise, J. An- drews, R. Kinsman, W. Goodhue with the rest of the town, there met, (none contradicting) and gave our assent to the vote then made. The ground of our trouble, our crime, was the copy transmitted to the Council, viz : ' At a legal town-meeting, August 23, assembled by virtue of an order from John Usher,
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HISTORY OF ESSEX.
[CHAP. 1.
Esq., for choosing a commissioner to join with the Selectmen to assess the in- habitants according to an act of His Excellency the Governor, and Council, for laying of rates. The town then considering that this act doth infringe their liberty, as free English subjects of His Majesty, by interfering with the Statute Laws of the land, by which it was enacted, that no taxes should be levied upon the subjects without the consent of an Assembly, chosen by the free- holders for assessing of the same, they do therefore vote that they are not will- ing to choose a commissioner for such an end, without said privilege, and, more- over, consent not, that the Selectmen do proceed to lay any such rate, until it be appointed by a General Assembly, concurring with Governor and Council.'
" We, the complainants, with Mr. John Appleton and Thomas French, all of Ipswich, were brought to answer for the said vote out of our own county thirty or forty miles into Suffolk and in Boston, kept in jail for contempt and high misdemeanor, as our mittimus specifies, and upon demand, denied the privilege of habeas corpus, and from prison overruled to answer at a Court of Oyer and Terminer in Boston. Our Judges were Joseph Dudley of Rox- bury, Stoughton of Dorchester, John Usher of Boston, and Edward Ran- dolph. He that officiates as Clerk and Attorney in the ease, is George Farwell. The Jurors only twelve, and most of them (as is said) non-free- holders of any land in the colony, some of them strangers and foreigners, gathered up (as we suppose) to serve the present turn. In our defenee was pleaded the repeal of the Law of assessment upon the place ; also the Magna Charta of England, and the Statute Laws, that secure the subjeet's properties and estates, &c. To which was replied by one of the judges, the rest by silence assenting, that we must not think the Laws of England follow us to the ends of the earth, or whither we went. And the same person (J. Wise abovesaid testifies) declared in open council, upon examination of said Wise, ' Mr. Wise, you have no more privileges left you, than not to be sold as slaves,' and no man in Council contradicted. By such Laws our trial and trouble began and ended. Mr. Dudley, aforesaid Chief Judge, to close up a debate and trial, trims up a speech that pleased himself (as we suppose) more than the people. Among many other remarkable passages to this pur- pose, he bespeaks the jury's obedience, who (we suppose) were very well pre- inclined, viz : 'I am glad,' says he, ' there be so many worthy gentlemen of the jury so capable to do the king's service, and we expect a good verdict from you, seeing the matter hath been so sufficiently proved against the criminals.'
" NOTE .- The evidence in the case, as to the substance of it, was, that we too boldly endeavored to persuade ourselves we were Englishmen and under privileges, and that we were, all six of us aforesaid, at the town-meeting of Ipswich aforesaid, and, as the witness supposed, we assented to the aforesaid vote, and, also, that John Wise made a speech at the same time, and said that we had a good God and a good King, and should do well to stand to our privileges.
" The jury return us all six guilty, being all involved in the same informa- tion. We were remanded from verdict to prison, and there kept one and
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EDUCATION.
1634-1700.]
twenty days for judgment. There; with Mr. Dudley's approbation, as Judge Stoughton said, this sentence was passed, viz: John Wise suspended from the ministerial function, fine £50, pay cost, £1,000 bond ; John Appleton, not to hear office. fine £50, pay cost, £1,000 bond ; John Andrews, not to bear office, fine £30, pay cost, E500 bond; Robert Kinsman, not to bear office, fine £20 pay cost, £500 bond ; William Goodhue, the same ; Thomas French, not to bear office, fine £15, pay cost. &500 bond. These bonds were for good behavior one year. We judge the total charges for one case and trial under one single information, involving us six men, above said, in expense of time and moneys of us and our relations for our necessary succor and support, to amount to more, but no less, than £400, money. Too tedi- ous to illustrate more at this time, and so we conclude."*
The town afterwards made up the loss which these per- sons had sustained. After the expulsion of James from England and the introduction of William and Mary to the throne, Andros was put down by the people of Boston, and sent over to England. Before a new governor arrived, Mr. Wise and Nehemiah Jewett were chosen by Ipswich to meet in Boston with the representatives of the other towns to consult with the council about the public affairs of the Colony. Sometime after, Mr. Wise brought an ac- tion against Chief Justice Dudley for denying him the priv- ileges of the habeas corpus act, and recovered damages.
EDUCATION-THE FIRST SCHOOL.
Our forefathers, it is well known to all acquainted with their history, were intelligent, and well educated men. They knew therefore how to appreciate the importance of a good education for their children. But while in a wilderness, few and far between, and with scanty means of living, they could not build school-houses, and hire teachers, and if they could have done it, the dangers from wild beasts would have rendered it hazardous for their children to go, and come from school. As late as 1723, wolves were so abundant and so near the meeting-house that parents would not suffer their children to go and come from worship, without some grown person. The education of their children, however, was not neglected.
* The Revolution in New England, justified : as quoted by Felt.
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They were taught at home to read, write, and cipher, and were instructed in the great principles of religion, and the principal laws of their country. And when in 1642, it was found that some parents were not faithful in these and other duties to their children, the Selectmen of the town were directed, "To see that children neglected by their parents are learned to read, and understand the principles of religion, and the capital laws of this country, and are engaged in some proper employment." The same year the town voted that there should be a free school. Cambridge College was established in 1638. A few years after this, aid was solicited from all the families to support charity scholars at this institution, that educated men might be raised up for rulers, physicians, and ministers. The representatives from the towns, and ministers in their several parishes, were desired by the General Court to use their influence, that each family give to the College at least one peck of corn, or a shilling in money.
In 1651, a Latin school was begun in this town to pre- pare youth for entering College. And in about half a century, thirty-eight young men from Ipswich were grad- uated at Cambridge. Eleven of them became ministers of the gospel, three of them physicians, and the rest served in civil, or judicial capacities.
Toward the latter part of this century, the inhabitants of this part of Ipswich began to think of establishing a free school among themselves. But such a thing could not be done without consultation, and general consent. A general meeting must therefore be held in the meeting- house, of all the voters in the parish to advise respecting it. The minister of the parish is present and a goodly number of the parishioners. Mr. Wise is, of course, ex- pected to address them on this subject, and we may sup- pose that in substance he spake as follows :
" Brethren and Friends : We are met this afternoon to advise on a subject, which I trust we all feel to be of vast importance to our children, to our country, and to the church of God.
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1634-1700.]
ESTABLISHMENT OF A SCHOOL.
" What are children, what are men and women, without education? Just like the savages that we see around us? Of this we have been more or less convinced, and have long struggled under many difficulties, to give our ehil- dren what schooling we could at home. But you know full well the tempta- tion to grow remiss in this duty under the pressure of very many domestic labors in the house and in the field. Besides your children, you well know, eannot make much progress in learning their lessons, amidst the many inter- ruptions of home. I see before me a few, a very few of our aged friends, who had their education in England. They will bear me witness, that with all their care, and toil in teaching their children, they have not been able to do for them, what their fathers in England did for them. And is it not equally true that their sons, and their daughters have not done as much for their children, as was done for then. And will not this downward progress inevitably continue, if we keep on in this way. The less schooling our ehil- dren have, the less will they appreciate learning, and, of course, the less will they be likely to bestow upon their children. I know it is the opinion of some that you had better continue, in what they call the good old way ; that if you set up a school here, you will have to build a school-house, and pay the salary of a school-master, which will make your taxes a heavy burden ; that you have already taxes to pay, and some of you an annual rent for your farms, to support the Latin school in the body of the town ; that some of your children will have a long way to travel to school, and that yourselves, or your older sons will have to accompany them to keep off the wild beasts. But are these difficulties of any importance, compared with the proper education of your children ?
" You have, some of you, the same difficulties to encounter in coming here to worship God on the Sabbath, and on lecture day. But still you come, and those of you that are farthest off, are usually first at meeting. Where there is an object of sufficient importance, difficulties vanish. Rest assured, if you keep on in the old way, things will go from bad to worse. Already the num- ber among us that neglect the instruction of their children has begun alarm- ingly to increase.
" There is no prospect, in my judgment, of effecting any reformation, and seeuriug the proper instruction of your children, but to have a school under the charge of a faithful master. Even if all parents were faithful in teaching their children at home, still their education would not be so complete, as if assembled together in school, and passing the whole day in school exercises. The presence of one, animates another, and the striving of some to excel in well doing, stimulates others to the like effort ; so that a collection of children, well managed in a school, will, I venture to say, make double the progress they would separately in their houses, with the best care and attention.
" I must, therefore, very earnestly exhort yon to go forward in this good work, and spare no pains, nor expense, in giving your children a good edu- cation. You, and your fathers before you, have done what you could to establish a grammar school, and a college, that you may have well educated 14
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HISTORY OF ESSEX.
[CHAP. 1.
ministers, and rulers. But of what use is it to have intelligent rulers, if the mass of the people are uneducated ? Ignorance is no friend to virtue, or to liberty. It is no friend to religion. The most inattentive hearers of the word, are usually those of the least education. If you would secure virtue, piety, liberty, and prosperity to your descendants, you must liberally patronize the cause of education."
In this earnest manner, and with many other words, did he testify and exhort, saying, "Save your children from ignorance, infidelity and vice."
Others present, expressed, their minds on the subject : a few doubtingly, and discouragingly ; but the most part with resolution and zeal, in favor of an onward course. The result was, the choice of a committee to hire a teacher, and provide suitable accommodations for a school.
This committee made choice of Nathaniel Rust, Jr., who opened his school in June, 1695, and taught through the Summer with such acceptance, that the next Summer they invited him to settle with them, as their school teacher. This invitation he accepted, and taught here several years. The town gave six acres of pasture for the benefit of the school, and one quarter of an acre to Mr. Rust, to set his house on. The house which he then built, is the same, as to most of the timbers, with that now owned by William H. Mears. It was remodeled and enlarged about seventy- five years since. The school pasture was on the north and west, of Mr. Mears' land, and became merged in the old parsonage pasture. The school was probably taught in a room in Mr. Rust's house, as no school-house was built till the beginning of the next century.
ROADS AND BRIDGES.
As at the beginning, there was first a ferry for crossing the river near the dwelling of the late Adam Boyd, which contin- ued till 1666, and was then superseded by a horse-bridge,*
* At a town meeting held February 6, 1671, "John Burnham makes request to the town for some help from them toward making up the bridge over Chebacco River, which was broken down by the storm. The town granted £10, of the £20, then due from Mr. William Cogswell."-Ipswich Town Records.
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ROADS AND BRIDGES.
1634-1700.]
so toward the close of this century, there was first a ferry for crossing where the mills now are, and then in 1700, a bridge was built. There was, doubtless, when the ferry was in operation, some kind of a road over the marsh to Thompson's Island. But when the bridge was built, or soon after, the old causeway was probably built. The fer- riage at the lower ferry, was 2d. a passenger ; at the upper the same for a person, and 4d. for a horse. The road from Col. Choate's lane to the present bridge, was no doubt opened at an early period, and that gradually, as the con- venience of settlers required. It must have been com- pleted as early as 1668, when the ship-yard was laid out. In 1697, a road is ordered through John Cogswell, senior's, farm, (the school farm.) This is doubtless the present road from Thompson's Island to the lower causeway.
1699. A road is to be made from Gloucester line to John Cogswell's upland. This was to meet the preceding road.
1700. A bridge is to be built over Burnham's Creek, the same that was called Clark's Creek, to connect the two roads above mentioned.
BOUNDARIES OF DEACON BURNHAM'S FARM.
In 1694 a committee empowered by the town to settle disputes as to the boundaries of lands, met in this place. A report was spread, that Deacon Burnham had encroached on the commoner's land. But the committee, so far from finding this to be true, found that the bounds had never been determined, on that side of Deacon Burnham's farm ; which was the south-west side, near to the house of the late Elias Andrews, Sen. They, therefore, after due con- sideration, and consultation with the neighbors, and with Deacon Burnham's son John, to whom he referred the whole matter, determined, and settled the boundaries as in the following document :
John Burnham's Deed, to be entered into Record, August 13, 1694.
We the Committee Impowered to look after Ineroachments, and to Settle the bounds where they prove not Settled, being informed that Deacon John
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HISTORY OF ESSEX.
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Burnham, Senr., had Ineroached of the Town's Common Land, on the South- westerly thereof; between his Land and the New Pasture Land, so called. We having been upon the place formerly, and examined the matter, and finding the bounds uncertainly Settled, Discoursed with the said Deaeon Burnham, be having committed all into the hands of his son, John Burnham, Consenting to what agreement should be made between him and us ; he the said John Burnham paying the charge of the Committee.
We have thus settled his Bounds, beginning at the head of the Creek, called Clark's Creek, near Joseph Andrews, his house, and run by the Instru- ment on the Course of 58 degrees eastwardly from the South, by the Circum- ferentor without variation, and marked by a white oke tree within the fence near the said Creek, and so, on that Course, Cross the field, to a small pine tree, on the brow of a hill within the Inclosed Land ; then further to a white oke tree on the hill without the fenee, then a Small Walnut tree, then further on the same Course to a hollow oke Just by the Rode that Leads to Gloster, then further to a white oke tree within two rods of Gloster Line, and further to Gloster Line to a white oke, being a bound tree, marked with the marking Iron. All which said trees are marked for his bounds, he bordering all the way upon the New Pasture Land, from the said Creek onwards, about one hundred and twenty-five Rods to a white oke tree, marked for the corner of said Pasture Land, now belonging to Mr. John Cogswell, and the other two rods onward, bordering upon the land reserved by Ipswich men, Lying be- tween the land of the New Pasture and Gloster line, which said Bounds, as by the marked trees, we settle for his Bounds, and by Consent of the parties concerned, viz. Mr. John Cogswell for himself, and we in behalf of, and with the power of the inhabitants of Ipswich. To have and to hold the said Bounds, for his Bounds.
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