USA > Massachusetts > Essex County > Wenham > The history of Wenham : civil and ecclesiastical, from its settlement in 1639, to 1860 > Part 2
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In Nov., 1643, it was voted that no inhabitant should introduce any one into the town without the consent of the Selectmen, under the penalty of a fine of five shillings for every week that such person should remain within the limits of the town. This rule appears to have continued in force for a long period, as we find from time to time that seve- ral persons, who had not been properly approved, " were warned to remove to the place from whence they came."
These votes throw some light upon the internal constitution of the new plantation. When a new settlement was formed, a grant was usually made by the General Court, of the lands within the limits of the town, to certain individuals, and these persons then proceeded to divide a part of the land among themselves, as they could agree, and the remainder, which continued undivided, was owned in common. Among the early proceedings of the town, are fre- quent grants of lands to individuals settling upon
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HISTORY OF WENHAM.
them. But as the corporation became responsible for all persons who gained a settlement within its limits, they were exceedingly cautious whom they admitted to live among them. Thus, when any property was sold, the town was to have the first offer of it. The original corporators alone, appear to have had the right to vote or to hold office. As others removed into the place, the right of citizen- ship and a share in the common lands was granted by a vote of the town to such as they saw fit.
For many years every person who wished to become a freeman was required to be a member in good standing, of some Congregational church. None but freemen were allowed to hold office or vote on public affairs. This regulation continued in force until 1664, when it was so far modified by a royal order, as to allow all persons to become freemen, who could obtain from some clergyman acquainted with them, certificates of being sound in doctrine and correct in conduct. The freeman's oath might be taken before the General Court, or the quarterly courts of the counties. The form, as described May 14, 1634, was as follows :
" I, A. B., being by God's providence, an inhab- itant and freeman within the jurisdiction of this Commonwealth, do freely acknowledge myself to be subject to the government thereof, and there- fore do swear by the great and dreadful name of the everlasting God, that I will be true and faithful to the same, and will accordingly yield assistance
28
HISTORY OF WENHAM.
and support thereunto, with my person and estate, as in equity I am bound ; and I will also endeavor to maintain and preserve all the liberties and privi- leges thereof, submitting myself to the wholesome laws and orders made and established by the same. And farther, that I will not plot nor practise any evil against it, nor consent to any that shall so do, but will truly discover and reveal the same to law- ful authority now here established, for the speedy preventing thereof. Moreover, I do solemnly bind myself in the sight of God, that when I shall be called to give my voice touching any such matter, of this State wherein freemen are to deal, I will give my vote and suffrage, as I shall judge in my own conscience may best conduce to the public weal of the body, without respect of persons or favor of any man ; so help me God in the Lord Je- sus Christ."
Those who were not church members, were re- quired to take the resident's oath, which resembled the preceding, except that it omitted the last clause.
Some of the earliest settlers of the town were Phineas Fisk, William Fisk, John Fisk, Richard Dodge, Charles Gott, Austin Kilham, Richard Goldsmith, Thomas White, John Abby, Robert Harris, Joseph Batchelder, Esdras Reade, James Moulton, John Fairfield, Richard Huston, Robert Cowen, Richard Kimball, Edward Waldron, and Christopher Young.
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HISTORY OF WENHAM.
Phineas Fisk was the first constable, and he, with Charles Gott and John Fisk constituted the first board of selectmen ; Wm. Fisk was town clerk› Esdras Reade grand-jury-man, and Joseph Batchel- der, who served in 1744, was the first representative to the Legislature.
Distinctions among the different grades of socie- ty were for a long time carefully observed. The title of Mr. was given to professional men, mer- chants, captains of vessels, or in the militia, and to those who had been made freemen, while their wives and daughters were called Mrs. To be de- prived of this title was a degradation sometimes in- flicted by the Courts. Thus, in 1631, Josias Plais- tow was sentenced for a misdemeanor, “ hereafter to be called by the name of Josias, and not Mr. as formerly used to be." Persons not entitled to the distinction of Mr. were called good-man and good- wife.
For many years, all the freemen of the colony used to meet at Boston, for the election of the Gov- ernor and other magistrates. The inconveniences of this practice were seriously felt, but it was con- tinued until 1663, when the law requiring it was repealed. The repeal, however, was so unpopular, that the practice was renewed the next year; it seems to have gradually ceased, on account of the increasing size of the Province and the dangers ap- prehended from the Indians.
In 1643, Wm. Fisk received liberty from the
3%
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HISTORY OF WENHAM.
General Court to keep an ordinary, (public house), and in 1646, was licensed " to sell wine and strong water ;" which privileges were, a few years later, transferred to Phineas Fisk. As early as 1644, a highway was laid out by the State, through Wen- ham, from Salem to Ipswich. In the same year it was voted, " that those who have any lott in ye Neck, have libertie from the town to inclose in a common field, with a straight fence from ye right hand of ye bridge unto ye river, by Richard Dodge's, provided a common highway be left out." Thus early had that part of the town been settled and acquired the name which it still retains.
Surrounded as the colonists were by a HOWLING wilderness, one of their cares was to secure them- selves against beasts of prey. Accordingly, in 1644, a bounty of twenty shillings was offered to every man who should kill a wolf. Nor less pre- cautions were they obliged to use against the sav- ages. For selling a gun to an Indian, Robert Gow- en was, in 1650, fined £10, half of which, however, was remitted, upon his humble petition to the Gen- eral Court.
The comparative wealth of the infant town may be estimated from the amount of its tax, which, in 1645, was £3 10s, the entire tax of the colony being, for that year, £616 14s. 6d. Much of the early business of the town had reference to the " common lands." No person was allowed to cut
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HISTORY OF WENHAM.
a tree from them without the consent of the town, and we find special permits given to individuals, to cut wood and timber for themselves. Cattle were forbidden to trespass on any " common lands " where corn was growing; but swine early received the freedom of the town, though accompanied by some restrictions, as appears by the following order of the selectmen, in 1655, viz .:- "All swine shall be yoked, that is to say, all swine above a quarter of a year old to be yoked with yokes standing five inches above their necks ; and if they be a year old, to be nine inches long on each side ; and all swine under a quarter of a year old, shall either be yoked, or else the owner to pay the damage they do." The penalty for breaking this rule was a fine of seven shillings to the town. Stringent rules were also passed respecting fences, which were to be built of a certain height and kept in repair, under heavy penalties.
These details may appear tedious and trivial, yet they are important, as showing the spirit of the early settlers. Any one who has ever lived in a settlement of the Irish or Germans, such as are often found in the Middle and Western States, will at once appreciate the importance of these regula- tions. We may see in them the germ of all that distinguishes a neat and tasteful New England vil- lage from the assemblage of wretched hovels so often found in the Middle and Southern States.
In 1656, Rev. Mr. Fisk the pastor of the little
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HISTORY OF WENHAM. 1
village, with a majority of the church, and probably of the people, removed, to form a new settlement at Chelmsford .* By this emigration, the town was of course much weakened, and we find them after- wards sending a representative to the General Court only once in two or three years, whereas they had previously sent one annually. Several names, which had been prominent among the first settlers, now disappear from the history of the town. Those who were left, however, acted with becoming spirit and energy. They proceeded at once to procure a new pastor, Rev. Antipas New- man, and even offered him £5 more than they had given to Mr. Fisk.
In order to show who were the actual inhabi- tants at this period, and also to show their compar- ative means, we subjoin a copy of the rate imposed in 1659, for Mr. Newman's salary. “ An engage. ment to the Rev. Mr. Newman for his support, for the year 1659.
* As it may be interesting to some of our people to know some- thing of the colony which went out from Wenham, I insert the fol- lowing extract from the History of Chelmsford, by Rev. Wilkes Allen : - "They (the people of Chelmsford) had, before this, ob- tained a valuable accession to their numbers and wealth, in the Rev. John Fisk and a part of his church, who were induced to remove from Wenham to this new settlement. In this company of holy pil- grims, for they were all holy by profession, the town received an ascension gift and a church already formed and consecrated." The first planters, it is said, were greatly assisted by the wealth which the Wenham company brought with them. Among these pious emi- grants, was Dea. Cornelius Waldo, a man of distinguished useful- ness. Thomas, afterwards Major Henchman, another of the Wen- ham company, was for many years, a leading character, and became a large landholder. Dea. Andrew Spalding also, is said by tradi- tion, to have belonged to the Wenham company. Esdras Reade, who had represented Wenham, in the Legislature, in 1648 and 1651, was the first magistrate chosen after the incorporation of Chelmsford.
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HISTORY OF WENHAM.
£
S
Phineas Fisk,
2 10
Mr. Gott, ..
3 00 in corn
Austin Kilham,
2 00 in corn
Henry Kimball,
1 00 half in corn
Richard Kimball,
3 15
Richard Hutton, .
2 00
Robert Gowen, ..
1 00
James Moulton, Sr.,
3 00
John Dodge,
2 15 one third in corn
John Fisk,
3 00
Daniel Kilham,.
1 10
John Gooland, .
2 00
John Powling,
1 15 in corn
John Abby,
1 15 in corn
Mark Batchelder,
1 15
Richard Goldsmith,.
1 15
James Moulton, Jr.
1 00
Alexander Moxey, .
1 12
William Gore,.
1 15
Edward Waldron,
1 00
Henry Haggett,
1 15
John Kilham,
1 15
John Batchelder,
1 00
Abner Ordway,.
1 00
Thomas White,.
1 00
Richard Coy,
2 10
Thomas Fisk,
2 15
Total,
£46 12s
In 1663, a new meeting-house was built, the ex- pense of which was defrayed partly by subscription, and partly by a tax of £80 3s. 8d. The seating of this house was ordinarily left to the selectmen, but it was also a frequent subject of debate in the town meetings. In 1665, Mr. Newman's salary was raised to £50, and two pounds of butter for every milch cow in town, " this sum to be paid promptly; if left till the 1st of February, the constable to de- mand it, and, if need be, to distrain for it."
Josselyn, in his account of his second voyage to New England, in 1663, says, " Wenham is an inland town, very well watered, lying between Salem and
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HISTORY OF WENHAM.
Ipswich ; consisteth most of men of judgment in re rustica [agriculture] and well stored with cattle."
For several years subsequently we find no event of particular interest recorded. The care of the fences, the commons, and the highways, the annual elections of town officers, and occasional disputes with the neighboring towns respecting boundaries, constitute the staple of the early records. These we might give at great length, but it would be merely tedious, and would, after all, give but a very imperfect idea of the real history of the place. From facts like these, we may learn that they were careful farmers and conscientious citizens. The degree of attention paid to the subjects above men- tioned, furnish no imperfect test of the progress of general thrift and improvement. But much that we would like to know, is entirely unrecorded. The alarms and dangers of Indian warfare ; the agita- tions of religious controversy and excitement ; the drafts of men which were often made upon the New England towns, for the Indian and French wars ; these and many other matters of interest are unno- ticed in the records, and must be learned, if learned at all, from other sources. Much that would be most valuable and interesting in the history of the town, must forever remain unwritten. The inhab- itants having become careless about attending the meetings of the town for business, a vote was passed, Feb. 6, 1672, " that whosoever shall not come and attend the town meeting, being warned
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HISTORY OF WENHAM.
thereto, viz., at the general town meeting on the first Monday in January, by nine o'clock, and at the other meetings that shall from time to time be ap- pointed, shall forfeit 2s 6d for the general meeting, and 1s 5d, and such defects to be entered upon record and gathered by the constable."
This may remind one of the old Greek Republics, which used to impose a fine upon every citizen who did not attend and vote at public meetings, since they held that the State was entitled to the coun- sels and votes of its children, as well as their active services in time of war.
" Sab., May 18, 1673, Richard Goldsmith was killed by lightning at the house of Rev. Mr. New- man, (lately deceased) while Rev. Mr. Higginson of Salem, was present. Mr. H. had but just re- turned from meeting, where he had supplied the pulpit. While he was sitting, engaged in conver- sation, the lightning passed through the room, killing Mr. Goldsmith and a dog lying under his chair."
In 1675, King Phillip's War broke out, and con- tinued for two years. It was the principal struggle made by the Indians, for their homes and hunting grounds. They fought with the energy of despair, and inflicted many a severe loss upon the " pale- faced intruders." About six hundred of the whites were killed, and many more were severely wound- ed. Thirteen towns and six hundred houses were destroyed; and the expenses of the war have been
1
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HISTORY OF WENHAM.
estimated at half a million dollars ; an enormous sum, considering the scarcity of money and the small number of those upon whom the burden fell. But heavy as were the losses of the feeble colo- nists, those of the enemy were still greater. They were routed from all their old fastnesses, and their power effectually broken. Their subsequent struggles were less for victory than for revenge.
We know not as our little town was ever the scene of any struggle with the Indians. Surround- ed as it was by other and more exposed settle- ments, upon which the fury of the enemy mainly fell, its inhabitants probably escaped any direct attack. But while they had to do with an enemy so wily, so active, and so insidious, no settlement however protected, could feel itself secure. The swamps and forests which still remained, might shelter the restless and lurking foe, and the inhab- itants might be shot down from hedges and thickets while about their work, as they came from their houses or travelled along the way. No place was safe and at no time were they free from danger. The law of 1676, that each town should " scout and ward " and clear up the brush along the ways " to prevent the skulking of the enemy," was doubtless obeyed. Farmers carried their arms and ammunition as well as implements of husbandry to their fields, and sentinels paced their rounds about the church while the people were met for public worship. A fortification was raised
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HISTORY OF WENHAM.
in every town to provide against an attack, and even private dwellings were so constructed that they might be used for defence.
Early in the war, the governments of the different colonies, feeling the necessity of decisive measures, determined to unite their forces and to make a bold attack upon the stronghold of the enemy. In the depth of winter, a force of five hundred and fifty men was collected in Massachusetts, and, being joined by reinforcements from the Plymouth and Connecticut colonies, they made a forced march through the snows and over the frozen ground, till they reached, Dec. 19, 1675, a swamp in the coun- try of the Narragansetts, where the Indians had built a fort and gathered their bravest warriors. Notwithstanding that they had camped out the pre- vious night, " with no other covering than a cold and moist fleece of snow," and had marched nine- teen miles that day, wading through the drifts, the troops rushed at once to the attack. The Indians retreated to the middle of the swamp, where they had fortified an island, covering five or six acres, with palisades and a hedge nearly a rod thick. " There were two entrances, one over a long tree upon a place of water, the other at a corner," and commanded by a log-house in front, and on the left by " a flanker." At this point an attack was made by the Massachusetts troops, led on by Capt. Johnson, who unfortunately fell at the first fire, and so many of the soldiers were killed or wounded 4
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HISTORY OF WENHAM.
that they were obliged to retreat. Again howev- er, they were rallied by their valiant leaders ; again they rushed to the charge, carrying block house and flanker, and fairly establishing themselves upon the island. The Indians then retreated to the mid- dle of the fort, and the whole mass was quickly engaged in desperate and deadly strife. The struggle was long and bloody, for the savages out- numbered their assailants more than three to one, but " manifest destiny" was against them. They were routed, their wigwams were burned, and their corn and other stores destroyed by the flames. Three hundred warriors are supposed to have been slain, while as many more were taken prisoners. But this success was not purchased without severe loss. More than a hundred of the Massachusetts troops were killed or wounded. Five of the inhab- itants of Wenham were drafted for this expedition, viz., Mark Batchelder, Richard Hutton, Thomas Kimball, Samuel Moulton, and Phillip Welsh, the first of whom was killed in that fearful assault upon the fort of the Narragansetts. He was one of the oldest and most respectable citizens of Wenham.
The power of the Indians was broken in this battle, but the war still continued in a desultory manner for two years. In these contests the people of Wenham bore their part in contributions of men as well as of money. The manner in which the State used to pay the services of its old and faithful soldiers, may be seen from the following
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HISTORY OF WENHAM.
order of the General Court, March 18, 1684. " In answer to the petition of John Fisk, of Wenham, a sore wounded soldier in the late Indian war, and thereby incapacitated to get his living, humbly de- siring the favor of this honored General Court, (having the approbation of the selectmen of said Wenham) to grant him a license to keep a public house of entertainment, therewith freedom from county rates, and also to sell drink, free from im- posts and excises." Consent was given.
These trials and struggles bore heavily upon the interests and prosperity of the town. In 1675, the State tax of Wenham was £5, the entire sum levied upon the colony, being £1,553 5s. 4d. It will be noticed that the proportion assessed upon the town was considerably less than it was twenty years earlier. The same year all the towns were required by the Legislature to raise a subscription for the benefit of Harvard College, to enable that institution to erect a new hall. Some of the towns were backward in contributing their part, and stringent orders were passed to enforce payment. "In answer to the petition of Thomas Fisk and Chas. Gott, in behalf of Wenham," the Court, however, granted that the town of Wenham be discharged from that subscription as to the college, for the reasons therein expressed. What these reasons were, we are not informed, but they doubtless had reference to the feeble and drooping condition of the place.
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HISTORY OF WENHAM.
About this time an event occurred which caused great annoyance to the inhabitants of Essex Coun- ty. This was the claim advanced by the heirs of John Mason, to all the lands lying between Salem and the Merrimack river, according to a Patent granted several years before the Massachusetts charter, to Sir Ferdinand Gorges and Capt. Mason. Several attempts were made by these persons, to establish colonies upon the territories which they had received, but without success. The same lands were subsequently included in the grants made to the Massachusetts colony, by whom they were occupied, and had, for more than fifty years, been held undisturbed. But as the lands had now become quite valuable, the old and long dormant claim was again revived. As this claim involved every man's title to his own farm and dwelling, it is not strange that great excitement was created by it. A convention was held in Ipswich, to consid- er the subject. A petition to the king was drawn up, setting forth that the inhabitants had purchas- ed their lands from the Massachusetts Company, and also of the Indians, and that they had been for more than fifty years, in uninterrupted and undis- puted possession ; and praying his majesty's favor that the claim might be fairly tried in a legal way. This petition was signed by Thomas Fisk, Walter Fairfield and Thomas Patch, in behalf of the people of Wenham, and it was accompanied by another to the same effect, signed by Simon Bradstreet, then Governor, in behalf of the colony.
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HISTORY OF WENHAM.
The claim continued to be agitated till 1691, when the heirs of Mason sold their interest to Samuel Allen, a London merchant. This man commenced a suit for ejection, against one of the largest landholders of New Hampshire, which was also included in his patent. Failing in this, he pe- titioned to be put in possession of all waste and unoccupied lands within the limits claimed, which was granted ; but all proceedings were broken off by his sudden death. His son prosecuted the claim, but without success. After his death one of the heirs of Mason obtained a recovery of entail, on the ground that the previous sale, from some informality, was invalid. By him, the claim was sold to several gentlemen who, to put an end to further litigation, voluntarily relinquished all right and title within the towns, which had been already settled. Thus a controversy which had continued for more than one hundred years, was at length settled, and the inhabitants between Salem and the Merrimack river confirmed in all their possessions.
In all new countries the settlement of the boun- daries between neighboring communities has been a frequent source of difficulty and contention. The town was at first laid out without much regard to regularity of form, and no permanent or sub- stantial bounds were erected. The selectmen in their " perambulations," were content to mark the important points by heaps of stones, nails driven into trees, or sometimes merely by describing a 4*
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HISTORY OF WENHAM.
stump, or an old pine or oak tree. No small por- tion of the early records is made up of accounts of these " perambulations." About this time there was a warm dispute respecting the boundary lines between Wenham on the one side, and Salem and Beverly on the other. Town meetings were held, committees were appointed, prosecutions were begun in the courts, and finally the matter was carried before the Legislature. A committee was appointed to examine the matter, who made a re- port favorable to the claims of Wenham. The Legislature confirmed their decision, and gave sen- tence that Beverly and Salem should each pay £5 and costs. After this, the selectmen on each side " did meet and perambulate the bounds." The result of their labors is given at great length and in a chirography more than usually distinct.
Disputes also arose respecting the bounds on the side of Manchester and Ipswich, but these were settled with less difficulty. The Topsfield line led the perambulators through bogs and swamps, where they used to get sadly bemired. It was dif- ficult, on account of the nature of the ground, to erect any permanent landmarks. To obviate this difficulty, the line was several times shifted, but always by amicable arrangement. In all these contests, Wenham exhibited no lack of spirit, and if the question at stake had been between rival kingdoms instead of neighboring and friendly towns, it could hardly have been more zealously or more obstinately contested.
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HISTORY OF WENHAM.
The Revolution of 1688, which had so important an influence upon the history of England, extend- ed its effects to this remote hamlet. The Charter of the Massachusetts colony, which the people had always regarded as the palladium of their liberties, was set aside in 1684, by a process of quo warran- to, in the royal courts in England. The people were thus left at the mercy of the king. They could hope for nothing from the Stuarts, a race of sovereigns who had always hated the principles and practices of the Puritans. The General Court for 1686 was abruptly dissolved, and its place sup- plied by a Governor and Council appointed by the king.
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