USA > Massachusetts > Essex County > Newbury > Ould Newbury: historical and biographical sketches > Part 6
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Judgment was given in this case against Richard and James Carr. They appealed to the Superior Court ; but, for some informality, the appeal was dismissed, and the General Court was induced, June 28, 1718, to pass the following enabling act : -
AN ACT TO ENABLE RICHARD CARR & JAMES CARR OF NEWBURY TO BRING FORWARD THEIR APPEAL AT THE SUPERIOUR COURT NEXT TO BE HOLDEN AT SALEM WITHIN AND FOR THE COUNTY OF ESSEX FROM A JUDGEMENT OF THE INFERIOUR COURT OF COMMON PLEAS HELD AT NEWBURY FOR THE COUNTY OF ESSEX ON THE LAST TUES- DAY IN SEPTEMBER, 1717. IN AN ACTION OF TRES- PASS UPON THE CASE COMMENCED AGAINST ED- WARD SERGEANT OF NEWBURY.
WHEREAS the said Richard & James Carr had an Action of Trespass at an Inferiour Court at Newbury in September, 1717, against Edward Sergeant, when and where Judgement was given in Bar against the said Richard Carr and James Carr, from which Judgment the said Richard Carr appealed and filed the Reasons of Appeal according to Law; But by Mistake entered into the Bonds of Appeal in his own Name, and not jointly with the said James Carr, for which Reason the said Carrs Appeal was dismist,
Be it therefore Enacted by his Excellency the Governour, Council & Representatives in General Court Assembled and by the Authority of the same
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THE FERRY AT CARR'S ISLAND
that the said Richard and James Carr be and hereby are Authorized and Impowered to bring forward their Appeal at the Superiour Court of Judicature next to be holden at Salem for & within the County of Essex, any Mistake in the Bonds or Reasons of Appeal notwithstanding ; The former Judgements for Costs not to be reversed ; And the Judges of the said Court are hereby Impowered & Directed to proceed to Tryal of the said Cause, Any Law. Usage or Custom to the Contrary notwithstanding.
The legal steps necessary to bring this appeal forward at the Superior Court, held at Salem, Dec. 16, 1718, were promptly taken ; but at that session of the court the follow- ing letter was presented and the adjournment asked for was granted : - -
To the Honrd his Majtys, Justices of ye Supr Court, sitting at Salem, Decr 16th, 1718, by adjournmt &c. to be opened before the Carrs and Sargents case is called. May it please yor Hon's That whereas Mr. James and Capt. Richard Carr have action before yor Hon's against Capt. Edward Sargent &c. and Capt. Sargent's wife, as we supposed, being visited and now sick of ye small pox and removed to an outhouse (to prevent the spreading of it amongst us), and he himself has never had it yet, now it keeps at a distance, yet he having more than a double care for his family at home, his wife remote from him and dare not go near her and two children at Boston, one of them sick of it, the other we know not how it is with her, we promised that we would write in his behalf and pray a continuance of sd action until next May Court at Ipswich, and yor Hon's will greatly oblige yor petitrs and sd Capt. Sargent, for he dare not appear at Court, &c.
NEWBURY, Decr 12th 1718.
yor Hon's most hum : seryts
Copy examd
by SAML TYLEY, Cler.
THOS NOYES Jos : WOODBRIDGE. HENRY SOMERSBY.
Essex, ss. Copia l'era. Examd STEPH. SEWALL, Cler.
A True Copy examd by
BENJA ROLFE, Cler.
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Essex, ss
At His Majestys Superiour Court of Judicature, Court of Assize and General Goal Delivery begun and held at Ipswich for and within the County of Essex on the third Tuesday of May, being the nineteenth day of the said Month, Annoq Dom 1719.
By the HONOBLE SAMUEL SEWALL, ESQK
Chief Justice.
BENJA LYNDE -
ADDINGTON DAVENPORT
ESQRS Justices
PAUL DUDLEY
EDMD QUINCEY
Carr, &c. Richard Carr and James Carr, both of Salisbury in the v. Co. of Essex, shipwrights, Appellants, v. Capt Edward Sargent. Sargent of Newbury in the County of Essex, now, or late Inholder, Applee From a Judgment of the Inferiour Court of Pleas holden at Newbury on September 24th 1717, where the appellants were Plants and the said Edward Sargent Deft *
It appearing to the Court by a Letter from Colo Thomas Noyes, Joseph Woodbridge, and Henry Somersby Esqrs That the said Edward Sargents' Family being visited with the Small pox he could not attend the Court, whereupon the action was continued unto this time. Both partys Excut" issued now appeared, the Writ, Judgment, Reasons of Appeal June 4th 1719. and all things touching the same being fully heard and maturely advised upon. It's Considered by the Court That the Writ is good and well brought, that the Judg- ment of the Inferiour Court be Reversed and that the Appts Recover full Costs of both Courts, taxed at Four pounds six shillings. ... Return on execution in the case of Richard Carr and James Carr vs. Edward Sargent, June 4, 1719.
Essex, ss
I have Recivd of the within mentioned Capt Edward Sargant four pounds Eight shillings in money in full of this within mentioned Execution this twenty-second day of June, 1719. I say Recued by me so that I Return this Execution satisfyed in full as attest.
BENJA COKER, under sheriff
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THE FERRY AT CARR'S ISLAND
Another suit, brought in September, 1717, by Richard and James Carr against Edward Sargent for damages, was prose- cuted at the Inferior Court held at Salem July 14, 1719, and judgment was rendered for the defendant with costs of suit. From this decision Richard and James Carr appealed to the Superior Court held, by adjournment, at Salem, Dec. 15, 1719, where the former judgment was confirmed ; and May 16, 1721, they applied to the Superior Court held at Ipswich for a review of these proceedings. The details are given in the following transcript from the court records :-
Essex, ss.
At His Majesty's Superior Court of Judicature, Court of Assize and General Goal Delivery begun and held at Ipswich within and for the County of Essex on the third Tuesday of May, being the Sixteenth day of the said month, Annoque Domini 1721.
By the Honoble
SAMUEL SEWALL, ESQR Chief Justice.
BENJAMIN LYNDE - ADDINGTON DAVENPORT PAUL DUDLEY ESQRS Justices
EDMUND QUINCEY
Carrs v. Sargeant
Richard Carr and James Carr, both of Salisbury in the County of Essex, Shipwrights, Plants vs Captain Edward Sargeant of Newbury in the Said County of Essex, late Innholder, Defent In a Plea of Review of a Plea of Tres- pass on the Case Commenced by the Said Richard Carr and James Carr against the Said Edward Sergeant at the Inferiour Court of Common Pleas held at Newbury for the Said County of Essex on the last Tuesday of Septem- ber, Anno 1717, but Prosecuted at the Inferiour Court held at Salem by adjournment July 14th 1719, in the words following, vizt, For that whereas the Great and General Court of this Province Did on May 7th Anno Dom. 1649, by a Second motion of George Carr, late of Salisbury, de- ceased, and father to the Plants as Relating to Carrs Ferry between Salisbury and Newbury, Give order and Power to the Court held at Salisbury abovesaid to Judge and deter- mine of Said motion relating to Said Ferry and Privi-
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ledges and to Settle the Same, and whereas on the 9th of the 3mo Anno Domini 1650 the Said Court did Settle and Confirm unto the Said George Carr, his heirs and assignes, the whole Ferry and Profits thereof on both Sides of Merrymack River between Said Towns of Newbury and Salisbury, he performing according to the Conditions Set forth in Said act or order, which Conditions were per- formed by Said Carr, as may appear by a return under the hands of Samuel Symonds, Esqr Entred on Salisbury Town Book of Records, bearing date the 5th day of the 5 mº 1655, and other Evidences as Shall more fully appear, and the Said George Carr dying Seized and possessed of the Said Ferry and Priviledge Setled and Confirmed to him as abovesaid, and the Same after the decease of the Said George Carr being lawfully Setled upon the Plants as portion, as appears by the Division made of the Es- tate of the abovesaid George Carr, deceased, by men appointed by the Honoured Court at Ipswich for that business April 10th 1683, as namely Mr Caleb Moody, Mr Thomas Noyes, Mr Nathaniel Clark and Mr Henry Short, which did then Sett out to the Plants the abovesaid Ferry and Priviledges, yet notwithstanding the Said Ed- ward Sergeant, Contrary to all the abovesaid Grants and Settlements of the Said Ferry and Priviledges, did Some- time in the Year 1691, on or about the month of Septem- ber, keep a Boat and Ferry Passengers, taking money for the Same, over the Said River Merrymack from the ware- house point, So Called, In Newbury to Rings Island in Salisbury, So Called, or near thereabouts, and Continued So to do until about the month of March, 1703, thereby hindering the Plants Richard Carr and James Carr of the Profits of Said Ferry and Priviledge, which is to the Damage of Said Richard Carr and James Carr, as they Say, the Sum of Six hundred pounds, at which Said In- feriour Court holden at Salem by adjournment as afore- said Judgment was rendred for the Defent for Costs of Suit, from which Judgment the Said Richard Carr and James Carr appealed to the Superiour Court of Judica- ture appointed by law to have been holden at Salem for the Said County of Essex on the Second Tuesday of November, 1719, but held by adjournment at Salem aforesaid on the 1 5th day of the month of December then next following, when and where the former Judgment was Confirmed and the Said Edward Sergeant recovered Cost of Courts; which Judgment the Said Richard Carr and
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THE FERRY AT CARR'S ISLAND
V James Carr Say is wrong and Erroneous, and that they are thereby damnifyed the Sum of Six hundred pounds as Shall then and there be made to appear, wherefore for the Reversing thereof and recovering of the defent the Said Sum of Six hundred pounds damages which the Plants have Sustained by reason of the Defents hindering them of the Profits of the Said Ferry and Priviledge from Sep- tember, 1691, to March, 1703, as aforesaid, and also the Costs Granted to the Said Edward Sergeant by the Judgment aforesaid, they the Said Richard Carr and James Carr bring this Suit, as also for their own Cost and Damages occasioned thereby. The Defent appeared by Robert Robinson, Esqr his attorney, and Pleaded the former Judgment was Right and ought to be Confirmed. Upon which Issue being Joyned, the Case after a full hearing was Committed to the Jury, who were Sworne according to Law to try the Same and returned their ver- dict therein upon oath, That is to Say they find for the Defent Costs of Court. It's Therefore Considered by the Execution Issued Court that the Said Edward Sergeant shall recover against the Said Richard Carr and James Carr Costs of May 29th 1721 Court Taxed at Three pounds Six Shillings.
Sheriff's Return on execution dated May 29, 1721. Edward Sargent v. James Carr and Richard Carr.
Essex, ss I have Recued of the within mentioned Richard Carr Three pounds Eight shillings in Bills of credit of this province in full satissfaction of this Exe- cution on the other side, so that I Return this Execution satisfyed in full this 30th day of October, 1721, as attest
BENJA COKER, under sheriff
It is probable that the rapid increase of population along the river side gradually diverted the tide of travel from the old ferry at Carr's Island ; and, previous to the incorporation of Newburyport, it became unremunerative, and finally was abandoned altogether.
A large part of the island remained in the possession of the lineal descendants of George Carr until ten or twelve years ago, but the division of his estate and the subsequent subdivisions resulting from intermarriage and conveyances
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largely increased the number of owners, and interfered with the careful and prudent management of the property.
The following abstract from genealogical records gives the direct line of ownership from George Carr down to the pres- ent time.
In Felt's History of Ipswich, George Carr is described as a shipwright, born in England, and one of the settlers of the town of Ipswich in 1633. He removed with Elizabeth, his wife, to Salisbury, Mass., in 1639. His children were : -
Elizabeth2, born April 21, 1642 ; married John Woodmansey, of Boston, May 1, 1662.
George2, born April 15. 1644; married Ann Cotton, daughter of Rev. Seaborn Cotton, of Hampton, N.H., Nov. 8, 1677.
Richard2, born April 15, 1646 ; died April 25, 1649.
William2, born April 15, 1648; married Elizabeth Pike, daughter of Robert Pike, Aug. 20, 1672.
James2, born April 28, 1650; married Mary Sears, of Newbury, Nov. 14, 1677.
Mary2, born Feb. 24, 1651 ; married Rev. James Bailey, of Newbury, Sept. 17, 1672.
Sarah2, born Dec. 17, 1654; married William Hinckley, of Hampton. N.H., Dec. 30, 1700.
John2, born Nov. 1.4, 1656; died Sept. 23, 1689.
Richard2, born April 2, 1659.
Ann2, born June 15, 1661 ; married Thomas Putnam.
George Carr1 died in Salisbury April 4, 1682. In the division of his estate James2 and Richard Carr2 were granted " the great Ferry on both sides the Island & Bridge & Privi- ledges thereunto belonging."
Richard Carr2 was born April 2, 1659, and by his first wife, Elizabeth, he had one child, Elizabeth3, born June 9, 1691. By his second wife, Dorothy, he had one son, Richard3, born Jan. 3, 1693-4. For his third wife he married Mrs. Sarah Healy, by whom he had two children : James3, born Nov. 3, 1702 ; and John3, born in August, 1706. Sarah Healy Carr died Jan. 8, 1727 ; and Richard Carr2 married for his fourth wife Sarah Greeley Aug. 10, 1727. He died in Salisbury Sept. 11, 1727.
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THE FERRY AT CARR'S ISLAND
Richard Carr3, who was born Jan. 3, 1693-4, married, Nov. 18, 1715, Lydia Coffin, daughter of Stephen and Sarah Atkinson Coffin, by whom he had one child, Dorothy4, born Sept. 18, 1716. For his second wife, he married widow Sarah Chase June 13, 1720, by whom he had the following-named children : -
Sarah+, born July 21, 1721 ; married, first, Josiah French Dec. 20, 1739; second, John Ordway Dec. 8, 1742.
Judith+, born July 21, 1721 ; married David Hoyt June 24, 1736.
Elizabeth4, born June 28, 1723 ; married Nathan Rogers Aug. 18, 1744. Richard4, born March 13, 1725; married Sarah Cook April 16, 1745. Rebecca+, born Jan. 9, 1727; married Benjamin Ordway, of South Hampton, N.H., Oct. 30, 1746.
James4, born Oct. 3, 1728; married Mary Greeley Nov. 23, 1756. Mary4, born July 13, 1730.
Richard Carr3 was drowned March 4, 1733-4, at nine o'clock in the evening, while attending to his duties as ferry- man.
James Carr4, who was born Oct. 3, 1728, and married Mary Greeley Nov. 23, 1756, had children as follows : -
Marys, born Sept. 21, 1757; died April 8, 1798.
Judith5, born Aug. 13, 1759; died Jan. 31, 1849, unmarried.
James5, born Sept. 10, 1761 ; married Mehitable Dodge Jan. 3, 1785. He died Dec. 20, 1851.
Elizabeth3, born Sept. 19, 1763; died Sept. 16, 1779.
Esthers, born Dec. 9, 1765 ; died April 9, 1836.
Levis, born Jan. 25, 1768; married Mary Putnam Nov. 29, 1797.
Sarah5, born Aug. 17, 1770; died September, 1855, unmarried.
James Carr4 died June 9, 1812.
Levi Carr5, born Jan. 25, 1768, married Mary Putnam, of Danvers, Mass., Nov. 29, 1797. Their children were : -
Levi6, born Nov. 5, 1798 ; married Mary Jane Ireland June 1, 1843. Mary6, born Sept. 3, 1800; married Daniel Norton March 22, 1822. James6, born Feb. 6, 1803 ; died Sept. 26, 1817.
Clarissa6, born June 6, 1805 ; married John Currier, Jr., Dec. 28, 1830. Esthers, born Nov. 1, 1807; married Augustus Batchelder Sept. 15, 1836.
CARR'S ISLAND, 1896.
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THE FERRY AT CARR'S ISLAND
Levi Carré died April 14, 1820.
Levi Carr6, who was born Nov. 5, 1798, married Mary Jane Ireland June 1, 1843, and had children as follows : -
Caroline Marcella?, born March 3, 1844; married Henry L. Kingsbury, of Salisbury.
Charles Henry7, born April 6, 1848 ; died March 24, 1886.
The writer of this sketch, a son of Clarissa Carr6 (who was born on the island, and lived there during her childhood), has often listened to the vague and contradictory stories that have come down from former generations concerning this old ferry. In the preceding pages he has endeavored to give the actual facts, without exaggeration or embellishment, gathered from official records, and documents of unquestioned authority.
Within the recollection of many persons now living two houses stood near each other on the island. One was taken clown and removed about the year 1845, the other was still standing when the photographic view on page 56 was taken ; but during the summer of 1883 it was destroyed by fire.
Starting from the Newbury shore at the foot of what is now known as Jefferson Street, the ferry landed its pas- sengers in a little cove directly opposite ; and by a narrow path or highway running in an easterly direction on the lower or right-hand side of the house seen in the half-tone print, they crossed the island to the floating bridge, connecting with the Salisbury shore.
The view presented on the opposite page shows the island as it now appears, and reveals to some extent the alterations and improvements that have been made by Hon. Harvey N. Shepard, of Boston, who bought the property in the fall of 1882. Two new houses, with barns and out-buildings, have been erected ; and a substantial stone pier now extends across the cove on the river side, formerly used as a landing-place for the ferry. The house in the immediate foreground on the extreme left is supposed to stand on land once owned and oc- cupied by Tristram Coffin, Sr. It is possible, though by no means certain, that his ordinary or tavern was located on that
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very spot two hundred and fifty years ago. Dionis, his wife, " having made her beer too good to sell at the legal price of two pence the quart, asked three pence, for which act she was complained of to the Court; but, as the. law required only four bushels of malt to one hogshead of water and she put in six bushels, she was excused."
JOHN POORE, OF NEWBURY NECK.
John Poore came from Wiltshire, England, in 1635, and settled in Newbury. He was granted land on "the neck over the great river," and afterward added to his estate by the purchase of adjoining lands. He built the house in which eight generations of his descendants lived. It origi- nally consisted of one square room on the ground floor with a chamber over it, unfinished on the inside, and a large chimney on the eastern end. His grandson, Jonathan, ex- tended the main house beyond the chimney, in an easterly direction, and subsequently the lean-to was added in the rear. The projection at the south-western corner, shown in the picture at the left hand, was built by John Poore, of the fourth generation, who kept the ferry over Parker River.
Alfred Poore, in his genealogy of the family, gives a sketch of this old house, with many interesting facts relating to the early life and occupation of its first owner, John Poore, Sr. He says : -
By an inventory of his personal estate we find the date of his de- cease to be "about " November 21, 1684. Tradition says he was out hunting, and, losing his way, perished by cold and hunger in the woods near Andover. On file in the office of Clerk of the Courts in Essex County, volume xliii., page 73, in the report of the jury of inquest sum- moned to inquire into the cause of his death, dated Nov. 24th, in the year of our Lord 1684, we find the following verdict : " We judge that, being in the woods and following his game, he was bewildered, and lost himself, and in his pursuit plucked off his clothes, and scattered them some good distance, one part from another, till he had left nothing on save his wastcoat and drawers and breeches and hose and shoes."
His eldest son, John2, born June 21, 1642, married Mary Titcomb Feb. 27, 1665, and lived with his father in the old
HOMESTEAD OF JOHN POORE.
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JOHN POORE, OF NEWBURY NECK
house. In his will dated July 12, 1700, and proved March 3, 1700-1, he gave his homestead to his son, Jonathan3.
Jonathan3 was born Feb. 25, 1678. His intention of mar- riage to Rebecca Hale was recorded Aug. 18, 1703. He died June 30, 1742, leaving six children.
John4, son of Jonathan3, born June 20, 1711, in the old homestead, married Ann Longfellow Dec. 26, 1734. He was by occupation a farmer. He also kept the ferry until 1758, when the bridge over Parker River was built. He lived in the old house, and died there Sept. 15, 1783.
His eldest son, Jonathan5, born Jan. 20, 1737, married Sarah Dole Nov. 5, 1759. He was active in securing re- cruits for the French and Indian wars, and collected a com- pany of volunteers for the Continental Army in 1775. He occupied the old homestead, and for many years served the public in the capacity of innkeeper. The old sign that swung in front of the tavern has been preserved, and placed among the curiosities and memorials of the past in the rooms of the Newburyport Marine Society. Jonathan Poore5 died March 19, 1807.
Samuel6, his eldest son then living, born Sept. 5, 1765, married, for his first wife, Eunice Long Oct. 10, 1791 ; and after her decease he married, May 11, 1834, Abigail Cur- rier. He continued to reside in the old house until his death, July 17, 1849.
His son, Samuel7, born Nov. 6, 1796, married Hannah Greenough Feb. 10, 1822. He settled on the homestead with his father, and died there June 6, 1878.
His son, Alfred8, born Aug. 11, 1830, married Mary Pike Knight June 26, 1857. He occupied the house after his father's decease, living there for many years. He still owns and cultivates the land originally granted to John Poore, Sr. ; but the old house itself has disappeared. It was taken down early in the spring of 1890, and a new one erected on the same site.
HALE HOUSE, NEWBURY NECK.
THOMAS HALE, OF NEWBURY NECK.
Thomas Hale, with his wife Thomasine and son Thomas, probably sailed for New England early in the year 1637. He evidently brought with him a letter from Francis Kirby to Governor John Winthrop, the elder, as follows :-
To the right worshipfull John Winthrop, Esquire, at his house at Boston this dd, in New England.
LONDON, this Ioth of May, 1637.
Sir,- I wrote you lately per the Hector, wherein I sent a runlet marked with your marke, contayneinge some things your son did write me to send him. John Wood, master's mate, did promise mee & James Downeinge that he would be carfull of it & deliver to you.
These are now to intreat you that you would be assistante to the bearer hereof (Thomas Hale, my neer kinsman) in your counsell & ad- uise to put him in the way how & where to settle himselfe in a hopefull way of subsisteinge with his family. He hath brought with him all his Estate, which he hath heer or can haue duringe the life of his mother. my sister. He had almost 200li. when he began to make his provision for this voyage. I suppose the greatest halfe is expended in his trans- portation and in such necessaries as will be spent by him & his family in the first vse; the lesser halfe, I suppose, he hath in money, and vendible goods to provide him a cottage to dwell in, and a Milshe cow for his children's sustenance. I suppose his way will be to hire a house or part of a house for the first year, vntill he can looke out & buy or build him a dwellinge, wherein as in other things I shall intreat you to direct him, and the courtesy that you shall doe him therein I shall acknowledge, as done to myselfe, & I shall be redy (Deo assistante) to endeuour to requite it in any seruice which I can performe for you heer. Thus for this present I commit you all to the protection of the Al- mighty, & shall ever rest Your loving frend,
FFRA: KIRBY.
I desire to be remembered to Mrs. Winthrop, to your son Mr. Jo : & his wife, & the rest of yours, also to my cosen Mary & Su: Downe- inge. My brother Downeinge will hasten to you, the next spring
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will be farthest, God willinge; for he seeth that euery year bringeth forth new difficulties : my nephew can tell you how they haue met with many interruptions, prohibitions & such like, which Mr. Peirce & others that went since Mr. Peirce were not troubled withall.
Indorsed by Gov. Winthrop, " Mr. Kirby."- Massachusetts Histori- cal Society Collections, Fourth Series, volume 7, page 19.
Thomas Hale came to Newbury, probably by the advice of Governor Winthrop, and was granted a house lot at the Lower Green. His name appears on the map drawn by Dan- iel Dole in 1828, and published on page 14 of this book, giving the location of the early settlers at the old town. Aug. 10, 1638, he was appointed one of the haywards of Newbury ; and Sept. 7, 1638, he was made a freeman of the colony by the General Court. At a general town meeting held Oct. 6, 1638, "the town at the acknowledgmt of Thomas Hale did confirme the sale of his house and land on Merri- mack ridge on both sides to Mr. Dummer"; and the 27th day, I Ith month, 1640, Joseph Carter bought of Thomas Hale about fifty-two acres of land on " Merrimack Ridg" (see Ips- wich Deeds, book I, leaf 2).
Feb. 23, 1642, the question of limiting, according to a fixed and unvarying rule, the number of cattle to be pastured by each freeholder on the town's common was referred to a committee, of which Thomas Hale was a member. His name also appears in the list of persons entitled to a propor- tionate part of the common and undivided lands belonging to the town of Newbury on the seventh day of December, 1642.
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