USA > Massachusetts > Essex County > Haverhill > The history of Haverhill, Massachusetts, from its first settlement, in 1640, to the year 1860 > Part 9
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Among the acts of the General Court this year, 1654, was one providing that ministers should be respectably maintained in the several towns ; and in case the latter neglected to do it, the county courts were empowered and directed to cause a regular tax to be assessed on the offending towns, for that purpose.
A law was passed at the November Court, prohibiting all persons, ex- cept those specially lisenced, from selling " any Indian or Indians, either wine or strong liquors of any sort," under a penalty of 20s per pint, and in that proportion for all quantities, more or less. Henry Palmer of this town, and Roger Shaw of Hampton, were the only ones thus lisenced in the County of Norfolk.
During the year 1655, some repairs were made on the meeting-house, as it appears by a town vote of March 3d, that " Thomas Davis shall have three pounds allowed him by the towne, for to ground-pin and dawb it; provided that Thomas Davis provide the stones and clay for the underpin- ings ; the town being at their own expense to bring ye clay into place for ye plastering of ye walls up to the beams." Lime mortar had not yet come into common use. It was not until more than fifty years afterward that limestone was discovered in the Colony. It was first found in New- bury, in 1697, by ensign James Noyes, and occasioned a great excitement. For nearly a century after its discovery, large quantities were annually made in that town for export as well as for home use. Prior to that time, what little lime was used was manufactured from oyster and clam-shells
In 1648, Thomas Hale was appointed ferryman, probably for that year
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only ; and it does not appear that any was afterward appointed ; for, at the September term, 1655, " Ye Court being informed yt there is no fery over Merrimack river, at Haverill, the courte orders Robert Haseltine to keepe a fery over the said river; and to have of strangers 4d a person, if they pay presently ; and 6d if bookt; and to keepe entertaynement for horse and man, for one yeare, unless the General Court take further orders." Haseltine lived on the Bradford shore of the river.
About this time considerable difficulty arose between Mr. Ward and a part of his people concerning his salary, which was thought by the latter to be exorbitant. It seems that the difficulty had become so great, it was deemed necessary to call a council of the neighboring clergymen. The following is the order of the council of the Commonwealth, touching the matter : -
"Att a Council held at Boston the 14th of August 1656.º
The Councill being Informed by the Honnored Govnr and Deput Govnr of the vncomfortable differences that of late haue fallen out in the churches of christ at Hauerill and Salisbury notwthstanding seuerall Indeavors to Compose the same, which yett haue binn fruitelesse, out of theire tender care to preserve & procure peace & vnitje amongst them lately wrote to the said church in an Amicable way to Advise & Counsell them forthwith to call in to theire help such counsell from theire Neighboring churches. as the Rule prescribes ; from whose labors thro the blessing of God a blessing might haue bin expected wch too great a part of those churches as they vnderstand is farr from Inclyning vnto The Councill Judging it to be theire duty to take an effectuall Course for the healing of theire breaches Doe Order and Desire that the Churches of Christ in Boston Cambridg and Ipswich doe each of them respectively send two messengers to meete at Hauerell & Salisbury as hereafter is exprest i e. to meete at Hauerill on the twenty seventh day of this Instant August by eight of the clock in the morning to consider & Advise in the primisses viz to endeavor to com- pose & sitle the distractions at Hauerill to give theire Judgments in the Cases of differences there And : at Salisbury the day after theire Issuing or Rising from Hauerill for ye ends aboue exprst And It is expected & desired that the churches of Hauerell & Salisbury and all persons con- cerned therein in either of the sajd places. give this Councill at the time & place aforesajd the opportunity of meeting wth them to declare what shall Concerne themselves or the Councill see cawse to Enquire of them in reference to this buisnes. And It is Ordered that mr Robert Cleaments for Hauerill mr Samuell Hall for Salisbury shall take Care for the en-
· State Archives, Eccl. Vol. 10, p. 36.
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tertajnement of the sajd Councill & all persons concerned therein wch shall be sattisfied by the Tresurer. And It is ordered the sajd Councill haue liberty to Adjourne to some other place if they shall see cawse making theire retourne to the Councill of this Jurisdiction what successe theire endeavors through the blessing of God haue procured and where the fault hath binn or is that so if necessity Require such further Course may be taken therein as may most conduce to ye Glory of God the vniting of theire harts to vnity in truth & peace accordingto the Rule of the Gospell By ye Councill Edward Rawson Secret
The difficulties were not, however, wholly confined to the matter of salary, as may be seen from the following extract from the minutes of the above ordered Council : -
Haverill August 28 1656
QUEST. 1. Whether Henry Palmer a member of the Church of Haverill, being by publike arbitration censured as a delinquent in point of Defama- tion of Rob. Swan a member also of Rowley church, it be ye duty of ye Church of Haverill to take church-notice thereof, & if thereupon it shall appear also to the church that He is an offender, then to proceed with him in a church-way ?
ANs. 1. The sentence of ye Arbitration being publicke there was Just cause why ye church should orderly inquire into ye matter ; whose duty it is to see to ye inoffensivenes of their members.
2. 1. The Censure of ye Arbitratours as such was not a sufficient Ground why the church should censure Henry Palmer, 1. because the Church Judicature is distinct from & not depending upon the Ciuill Judi- cature : Those two polities are coordinate not subordinate. 2. The church is to Act 1. her owne faith, & not to be led by example further then shee finds it conformable to rule. 2. Henry Palmers satisfaction to civil order was not as such satisfaction to the church : As satisfaction to the church in case of offence is no satisfaction to ye Court. Because their Institution, mcanes & ends are Divers.
3. 1. Goodman Palmer did well in presenting the case unto the rever- end Teacher, & in desireing that by him it might be brought unto the Church. 2. We also conceive that there was too great appearance of much iniquity on Goodman Swans part in this matter. 3. Yet in regard the wit- nesses are detected of such falsehood in point of Testimony concerning this Business as renders them incompetent to establish a matter before the church ; Therefore Goodm. Palmer his charging of Goodm Swan with Sin (especially of such nature) thereupon, was not without Sin because with- out sufficient ground before the church. The acknowledgement whereof
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as we commend to & hope it will not be grievous unto our Broth. palmer ; so we desire it may be accepted of the Church, & that in such manner as his Infirmity herein (too common unto ye Best) being forgiven all regular zeale against sin both in Him and others may yet receive due incourage- ment. .
QUEST. 2. Whether Robert Hazleton did in the case between Henry Palmer & Robert Swan give Testimony upon oath, yea or no ?
ANS. The scope of this Question being whether as to man the oath was Taken yea or not; to pronounce positively concerning the taking or not taking thereof the Case requireth not. But that it was taken is not a Truth as to the Church, Before which a matter is not to stand without two or three witnesses. There beeing therefore as concerning this Question, so much for ye negative & no positive Testimony save only that of of Thomas Aires for the affirmative ; the Church cannot receive it as a Truth nor may admit any further debate about it, without the Hazard of her peace & prejudice to edification
Hence wee conceive the Act of Thomas Aires in Charging & urging the prosecution of those Brethren in a church way who said it was not Taken, & that to the Hindrance of the celebration of ye Lords Supper then intended to be irregular & in the nature of it of much ill consequence.
The Council subsequently reported that " through the blessing of God, . the differences were in a good measure composed, and their ministers set- tled amongst them."" They decided that Mr. Ward should be paid fifty pounds per annum ; which were to be paid in wheat, rye, and Indian corn. They also specified how Mr. Ward's rate should be made, and collected. Men were to be appointed yearly " to cut, make, and bring home his hay and wood," who were to be paid out of his salary.
The next Court ordered the Constable of Haverhill to levy, by way of Rate, on the inhabitants of Haverhill, the sum of £12. 19s. "for the satis- fying of Mr. John Clements for the charges expended in Haverhill " by the Council.
This year Michael Emerson moved into town, and settled near the White house, on Mill Street. The grantees offered that if he would " go back into the woods," they would give him a tract of land. He accepted the offer, and settled not far from the corner of Primrose and Winter Streets. The ". Emerson Estate," on the south side of the latter street, is a part of the original tract granted to Michael Emerson.
" The Council's return to the General Court was "only a verbal return."-C. R. 4-210.
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In July of this year, the first Quakers arrived in the colony, and soon was commenced what is generally called the persecution of the Quakers. Their books were burned, and a sentence of banishment passed upon them. Severe penalties were prescribed, even to maiming and death, for all such as should return into the jurisdiction after their banishment. Under this law, four persons were executed. In 1661, the King issued an order requiring that this punishment of his subjects, called Quakers, should cease. The order was obeyed, and all disturbances by degrees subsided.
Early in the year 1657, "Goodman Simons " was appointed to keep the ferry on the " Great River." If he had only a canoe, he was to ferry sin- gle persons for two-pence, and cattle for four-pence cach ; but if he provided a suitable boat, his price was to be six-pence a head for cattle two-pence for sheep and hogs, and three-pence for strangers.
At the town meeting of March 6th, John Hutchins, of Newbury, was granted liberty to set a wear in the Merrimack, " at the little island above the town by the falls." He was to have the use of the island and the flats to dry his fish. For these privileges, he was to " sell fish to the in- habitants of the town for such pay as the town can make; " (that is, exchange for such produce, &c., as they could spare). He was also " to sell them dry fish at merchants prices, for their own spending, before any other." The town also granted him a houselot and other land. Hutchins agreed to have his works finished within two years, and doubtless did so.
Previous to this time, no one was required to pay public rates, or taxes, unless he was a freeholder. From the first, there were some in town who did not own any real estate, and as their number increased with the gen- eral increase of the inhabitants, it was at length obvious that as they " partook of the benefits of the church and commonwealth," they ought also to share in the labor of maintaining them. Accordingly the town voted that if any person moved into town who was not a frecholder, he should be taxed for these purposes according to his " visible estate," or by estimation of the selectmen.
In January, 1658, a third division of meadow was granted, and ordered to be laid out before the 15th of May next, at the rate of half an acre to an acre of accommodation. Forty-one persons drew lots in this division. The only new name we find among them, is that of William Simmons.
At the same meeting it was voted that, if any person had no convenient road to his upland, or meadow, upon his complaint to the town, two men were to be chosen to lay one out, whose charges should be defrayed by the town.
There seems to have been a great deal of laying down and taking up land this year, by the inhabitants. At one time it appears as if "the plain "
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was the favorite spot for locating ; and, anon, the owners in the plain are suddenly laying down their land, and rushing " over the Little River west- ward." No sooner have they done this, than the Little River people make haste to take up the land in the plain. A study of these cross-cut move- ments among the early settlers, leads us to the sage conclusion that "hu- man nature is human nature," the world over.
It appears that the inhabitants suffered considerably for the want of a blacksmith. To obviate this difficulty, a contract was signed by Mr. Ward and nineteen others, in which each agree to pay Mr. Jewett his proportion of twenty pounds, to purchase his house and land, which the contractors gave to John Johnson, " provided he live here seven years, following the trade of a blacksmith in doing the town's work; also, the said John Johnson doth promise to refuse to work for any that refuse to pay towards this purchase, untill they bring under the Selectmen's hands that they will pay." This house stood on the ground now occupied by the Exchange building, Water Street. Until recently, this land has been owned by the heirs of Hon. Bailey Bartlett, a lineal descendant from the above John Johnson. He was also the ancestor of most of the Johnsons in the town.
Johnson came from Charlestown, where he married, October 15, 1656, Elizabeth, daughter of Elias Maverick, and had one child, John (born August 3, 1657) previous to his removal to Haverhill. It is worthy of note, that the same trade has been almost or quite constantly carried on in this town, since that time, by his lineal descendants. Washington Johnson, son of John, (who was also a blacksmith,) still exercises the trade, and his shop stands on land once belonging to the original John Johnson.
The following are the names of those who entered into the above agree- ment with Johnson : -
" Mr. John Ward,
John Heath, for himself & Thomas Lilford,
Joseph Jewett,
John Eaton,
James Davis, jun,
James Davis sen,
Thomas Whittier,
William Simons,
Henry Palmer,
William White,
Hugh Sherratt,
Thomas Daivis,
Samuel Guile,
Robert Swan,
Daniel Ella promised to give five shillings towards this purchase.
Theophilus Satchwell, George Browne,
. Bartholomew Heath,
Steven Kent 12 shillings."
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The first regular deed of Real Estate in the town, that we can find re- corded, is that of Thomas Sleeper and wife, to Wm. White, under date of October 11, 1659. The form is very nearly that in present use.
The same year, a fourth division of upland was laid out, beyond Spig- got River, (in what is now Salem, N. H.) It was ordered to be bounded south by the Merrimack, north by Shatswell's Pond, west by the town's bounds, and to run eastward until the lots were all drawn. It was divided into forty-nine lots, all but three of which were drawn. They were laid out one mile in length, and at the rate of twenty acres to one acre of accommodation land.
At the meeting of November 23d, it was voted that if a town meeting was publicly warned on a Lecture day, it should be considered a sufficient notice. It was also voted that no man should be taken into town as an inhabitant, or " town dweller," without the consent of the town. As the inhabitants were proprietors of the soil, and had a flourishing set- tlement well established, we surely cannot blame them for exercising their undoubted right to say who should be their associates, and share in their important advantages and privileges. It was also voted that none should be allowed to vote in town affairs, without consent from the town, except as the law gave them that privilege.
The population of the town now began to increase more rapidly. The beauty of the location, the sober industry and thrift of the inhabitants, and their liberality toward new comers generally, were inducements that ere this were widely known, and many were eager to become an inhabitant of the town.
Under such circumstances, we need not wonder that the meeting-house had already been found too small to accommodate the worshippers. To remedy the inconvenience, the town appointed a committee to enlarge and repair the house, according to their best discretion ; and "to finish it, and make seats in it, and also to sell land for to pay the workmen, not ex- ceeding twenty acres in the cow-common.""
Daniel Ladd and Theophilus Shatswell, having received liberty from the town, erected a saw-mill on Spiggot (Spicket) River. It was built
This is the first notice we find of a cow-common, though it appears one had previously been laid ont. Like many other matters, no record had been made of it. The common alluded to, was that situated nearly due north from the bridge, on the south and west of Round Pond. A part of it is still known as the " Commons."
12
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within the present limits of Salem, N. H., and was the first one erected upon that stream. The proprietors were required to pay the town five pounds per annum for the privilege.
Sometime this year, John Clement sailed for England, and on his out- ward voyage was cast away and drowned. At the September term, Robert, his brother, applied to the Court to be appointed administrator of his estate. This is the first notice we have of an administratorship in the town. The following is a copy of the Record : -
" John Clements late of Haverhill, being by God's providence cast away and dying intestate, the worshipful Mr. Samuel Symonds, and Major Gen- eral Denizen the Clarke, being present, granted administration unto Robert Clements of the estate of John Clements deceased, he to bring an inven- tory to Ipswich Court next, and then the Court to take further orders."
In the following year, Robert Clement " brought in an accompt to this court of his charges expended in his voiage to England and Ireland, his brother John, his wife and children ; and upon the request of his brother Job and Sisters, the court confirmed the administration unto Robert Clements of the estate of his brother John Clements.""
A petition was presented to the General Court in October, 1659, asking for the grant of "a tract of land twelve miles square, in a place called Pennacooke." The petitioners were from Newbury, Mass., and Dover, N. H. The court granted them eight miles square, on certain conditions, which were not, however, complied with. Pennacook, now Concord, N. H., was not settled till 1726.
In these days of rapid movements, it seems almost incredible that nearly a century should intervene between the settlement of this town and the rich and extensive intervales of Penacook, only forty miles distant. But so it was. Haverhill was a frontier town for more than seventy years.
· John Clements was the son of Robert, senior. He married Sarah, daughter of John Osgood, of Ando- ver, by whom he had four daughters.
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CHAPTER VIII.
1660 To 1669.
The early inhabitants of Haverhill seem to have had a strong desire for a large town. We have seen that as early as 1644, they petitioned for more land; and again in 1648; and for a long series of years they were disputing with Salisbury about a few acres of meadow; and when the General Court granted Major Dennison a tract of land " on the other side of Merrimack, about sixe miles above Andover," in 1660, it was found that Haverhill claimed the land as within the bounds of their town ! The Court evidently thought that this was claiming altogether too much, and they accordingly ordered "that the townsmen of Haverhill be required by warrant from the secretary to appear at the next sessions of this Court, to show a reason why they have marked bound trees at so great a distance from their town up Merremacke River and also to give an account of the bounds of their town, and upon what right they lay claim to so long a traet of land.
The town chose James Davis and Theophilus Shatswell " to answer the warrant of the General Court concerning the bounds." They were voted to be paid " ten groats per day " each, for their services.
At the November meeting, it was ordered that the land " behind the meeting house should be reserved for a burial ground." This is the first mention we find in relation to a burial ground, but as the old English custom was to appropriate a spot near the church for that purpose, which they called " God's acre," we presume that from the first settlement, the dead had been buried near the meeting house, and that this vote was merely the formal setting apart of the place for that purpose. The spot referred to, was the central part of the old burial ground, now called " Pentucket Cemetery."
At the same meeting, ten acres of meadow, and two hundred acres of upland, were granted for a parsonage to Mr. Ward and his successors.
A second ox-common was also granted, on the petition of six persons. It was situated between Merrie's Creek and a small brook which issues from West-meadow. Eighteen oxen were kept upon it.
The first public school in the town was established about this time ; the instructor was Thomas Wasse, whose salary was ten pounds per year.
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He also taught school in Ipswich, (Chebaco Parish) and at Newbury. He died at Newbury May 18, 1691. Wasse kept the school in Haverhill from 1660 to 1673, and perhaps later.
It seems that the inhabitants were still troubled about their mills. At the above meeting, a committee was chosen to request the executors of Mr. (John) Clements to repair the mill, or " desert the place." If they re- fused, the committee were to "force them by law."
Up to this time there had been recorded nineteen marriages, one hun- dred and thirty-five births, and thirty deaths.
At the town meeting of February 28, 1661, a fourth division of meadow was ordered to be laid out. Fifty-three lots were drawn.º
The road near "hucklebery hill " was laid out this year; and the ox- common was divided into two parts ;- the division line running north and south. Those who lived east of Mill Brook were to occupy the eastern part of the ox-common, and those who lived west of the brook, the west- ern part.
At the same meeting, the following vote was passed : - " Voted and granted that there shall be laid out to every one that will, either now, or hereafter, to every four acres of commonage, two ox-pastures, proportion- able to the first ox-common, provided they make their title appear to the town."
These two votes indicate the change already taking place in the town. The settlers were fast approaching the present individuality in property. Each man desired to be lord over his own domains, -king in his own castle. The latter vote allowed each man to have his ox-pasture by him- self, if he so desired, and at the next annual meeting the large ox-common laid ont in 1654, was divided, and parceled out to the persons entitled to shares in it; and various persons had private ox-commons, or pastures, laid out for them.
The settlers had already begun to form their lands into farms, by " lay- ing down," " taking up," buying, selling, and exchanging lots ; many had built themselves houses, and removed their families on to their farms; and the best part of the town's territory was fast becoming dotted with the cottages of the settlers.
At the same meeting of the town, the following vote was passed : - " Voted and granted that all such grants of land which the inhabitants of Haverhill are already legally possessed of or may hereafter be legally
" Among the names, we notice the following, not before mentioned in the divisions of land : - John Johnson, Ephraim Davis, John Carleton, James Pecker, John Remington, William Deale, Michael Emer- son, Daniel Ela, Joseph Johnson, John Eaton.
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possessed of in the town of Haverhill, shall remain to them, their heirs, executors, administrators and assigns forever, excepting such grants as are or shall be made to some men during the towns pleasure, or for a set time."
This vote was but another step in the direction already indicated, and shows us still more plainly the prevailing desire for independent land ownership. The laying out of highways now became nearly as frequent as the laying out of lots had been previously ;" the land rapidly increased in value and productiveness, and the town in population and wealth.
The following extraets from the town records, though they do not give a list of all the houses built in the years mentioned, yet show that the town was increasing with great rapidityt : -
" Cottages. Whereas the law provides for the prevention of the great inconvenience and damage that otherways would accrue by those persons that have built houses or cottages upon the common, or their own land, since 1660, that have not lawful right thereunto, to the great prejudice of the house proprietors. Thereof we whose names are hereunto subscribed, do judge it meet for the prevention as abovesaid, and do here set down the names of those that have built houses upon the Common of Haverhill, or their own land, since the year above-said.
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