" the censure of ye arbitratours, ..." " Because
their institution, meanes & ends are divers."

Third. Goodman Palmer did well in presenting the



192(;



IIISTOIIY OF ESSEX COUNTY, MASSACHUSETTS.



case, and " tliere was too great appearance of mii.h
iniquity on Goodman Swain's part." Yet as "the
witnesses are detected of such falsehood'' as renders
tliem incompetent to establish a matter before the
church ; tlierefore "Goodman Palmer was not without
sin." The acknowledgment hereof is commended to
Brother Palmer ; " so we desire it may be accepted of
the church, and that in such manner as his infirmity
herein (too common unto ye best) being forgiven, all
regular zealc against sin both in them and others may
receive due encouragement."

This case does not require a positive decision
whether or not Robert Hazleton gave testimony on
oath or not. If it was so taken, it is of no consequence
to the church, " Before which a matter is not to stand
without two or three witnesses." There being then so
much for the negative, and no positive testimony, save
that of Thomas Aire;*, the church cannot receive it as
a truth.

" Hence wee conceive the act of Thomas Aires, in
charging and urging the prosecution of those Brethren
in a church way, who said it was not taken, and that
to the Hindrance of the celebration of ye Lord's
Supper, then intended to be irregular and in the na-
ture of it of much ill consequence."

The Council subsequently reported to the General
Court that " through the blessing of God the ditler-
ences were in a good measure composed, and their
ministers settled amongst them." They decided that
Mr. Ward should be paid fifty pounds per annum, 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."

For these gracious determinations, the next Court
directed the constable of Haverhill to levy by way of
rate, on the inhabitants of Haverhill, the sum of
£12, 19s. for the satisfaction of Mr. John Clements
for the charges expended in Haverhill "aliout the
Council."

These events do not seem to have prejudiced the
people against Mr. Ward. At a meeting in 1660, ten
acres of meadow and two hundred acres of upland
were set apart as parsonage land for Mr. Ward and
his successors, and when, in 1669, he made a com-
plaint of want of wood, the town voted to add ten
pounds to his salary (making it sixty), and that the
Selectmen should annually expend it in procuring
him cord-wood at six shillings per cord. This pro-
vided for about thirty cords, a liberal, but not extrav-
agant allowance, for those days of great open fires.

It appears that at this time the first half of Mr.
Ward's salary was jiaid by a "collection of estates"
in August, and all other charges were paid by "a col-
lection of estates in November or December, annu-
ally." Upon notice by the Selectmen, every man
should bring in to them an account of his estate ; if
he refused or neglected to bring in an account, or



brought in a false one, it was " in the power of the
Selectmen to rate such persons by will, and dooia
as they please upon account of their defect."

Michael Emerson came into the town in 1656, and
settled near the White house on Mill Street. He was.
oflfered a grant of land if he " would go back into the
woods," which he did. He settled not far from the
corner of Primrose and Winter Streets. The land
south of Winter Street was part of the tract originally
granted him, and Emerson Street preserves his name.
He married Hannah Webster, and his eldest daugh-
ter, Hannah, marrying Thomas Duston, became, eas-
ily, the most famous woman Haverhill has produced.
Capt. Nehemiah Emerson, a descendant of Michael,
marched on the " Lexington Alarm," leaving his work
behind him. He rose from a private to be captain,
serving through the whole Revolutionary War, and
visiting his home but once. There were also four
of his brothers in that army. Chase is authority fur
the statement that General Washington specially
commended Capt. Emerson to a well-known citizen
of Haverhill, in later years.

It hits been mentioned that William Simmons was
ferryman from 1657 over the "Great River.' The
town directed that if he had only a canoe, he was ti»
ferry single persons for two-pence, and cattle for four-
pence each ; but if he provided a suitable boat, he
should have six-pence a head for cattle, two-pence for
sheep and hogs, and three-pence for strangers.

William Simmons was the only new-comer who
shared in the third division of meadow, laid out in
1658, at the rate of half an acre to an acre of accom-
modation, when forty-one persons drew lots.

At that meeting it was voted that if any person had
no convenient road to his upland or meadow, upon
complaint to the town, two men should be chosen to
lay one out for him, whose charges should be defray-
ed by the town. So many of these roads were hid
out that in after years committees had to be sent out
to hunt some of them up.

The first deed, apparently, brought to record, was
one from Thomas Sleeper and wife to William White,
October 11, 1659.

In that year a fourth division of upland was laid
out beyond Spiggot River (Spicket), now partly in
Salem, N. H. It was to be bounded south by the
Merrimac, north by Shatswell's pond, west by the
town's bounds, and to run eastward until all the lots
were drawn. There were forty-nine lots, of which all
but three were drawn. They were a mile long, at the
rate of twenty acres to one of accommodation land or
house-lot.

The old settlers had begun to draw the lines and to
fortify and prepare to defend their titles. In this
year they voted that no man should be taken into
town as an inhabitant or " town-dweller" without the
consent of the town. Also, ihat none should vote in
town affairs without the consent of the town, except
as the law gave them the light.



HAVEIUIILL.



1927*



John Clement was probably the first citizen of
Haverhill who sailed for Europe. He was drowned
on the outward voyage, in 1659, and his brother John
was appointed administrator, who seems to have vis-
ited England and Ireland in the discharge of his
duties.

Notwithstanding their best efforts, the inhabitants
were still without a blacksmith in 1658, when Mr.
Ward and nineteen others bought Joseph Jewett's
house and land for twenty pounds, which they gave
to John Johnson, before of Charleslown, provided he
would live here seven years, following the trade of a
blacksmith, and promising not to work for anybody
who refused " to pay towards this purchase until
they bring under the selectmen's hands that they
will pay." Unlike his predecessors, John Johnson
kept his agreement. The house was on the site of
the present Exchange building, Water Street. Till
1853, the estate was occupied by the family of Bailey
Bartlett, who was a lineal descendant of John
Johnson. For two hundred years blacksmithing was
carried on in the town almost or quite constantly by
some of his descendants, near the spot of his original
location.

John Heath, Thomas Lilford and Daniel Ella are
names appended to the Johnson agreement, which
we have not before met.

At the session of the General Court, in October,
1647, it had been enacted that every township num-
bering lifty householders should forthwith appoint
some one to teach the children to read and write,
â– ' whose wages shall be paid either by ye parents or
masters of such children, or by ye inhabitants in
general, as ye major part of those that order ye
prudentials of ye towne shall appoint."

When any town should increase to the number of
one hundred householders, they should set up a
Grammar School, where youth might be fitted for the
university. In case of neglect by any town for a
year to discharge this duty, it should pay five pound
to the next school " till they shall perform this or-
der."

In 1647 the town of Haverhill had not fifty house-
holders. It was fourteen years before it provided a
schoolmaster, and there were periods afterwards in
which it obviously neglected its legal duty. As late
as 1816 a distinguished native of the town wrote :
"This town has never been remarkable for its liberal
support of schools. . . No other provision has ever
been made for schools than is required by law."
That was seventy years ago, and it is believed much
has since been done to remove that reproach, if it
were then deserved.

The first instructor employed by the town was
Thomas Nasse, a peripatetic schoolmaster, who, at
different times, taught in Chebacco Parish of Ipswich
(now Essex) and at Newbury, where he died, May
18, 1691. His salary was ten pounds from the town,
and what he could obtain by private arrangement,



from the parents or guardians of his pupils. He
kept school in Haverhill from 1660 to 1673, and per-
haps later. Previous to 1670 the school had been
kept in some private house, but in that year order was
taken for the building of a school-house " as near
the meeting-house that now is as may be, which may
be convenient for the keeping of a public school in
& for the service of a watch-house, & for the enter-
tainment of such persons on the sabbath days at
noon as may desire to repair thither, & shall not re-
pair between the forenoon & afternoon exercises to
their own dwellings, which house is to be erected
upon that which is now the town's common land or
reserved for public use."

Voluntary conlributions were expected for build-
ing the school-house, but if not sufficient, they were
to be laid aside, and the whole charge paid by a pub-
lic rate upon the inhabitants. William White, Peter
Ayers and Nathaniel Saltonstall,all wereputin charge
of the business, which perhaps, did not look alto-
gether promising, as Master Nasse's salary for 166&
was then in arrear, and was not paid till some time
afterward.

In 1672 it was voted "that the Selectmen shall
hire Thomas Nasse for a schoolmaster, to learn such
as shall resort to him to read and write as formerly,
who shall be the settled schoolmaster for the town
until the town take further order, provided that
they do not allow the said Thomas Nasse more than
ten pounds by the year, he having the like liberty to
agree with the parents or masters of those that come
to him as formerly." Next year the salary was
"taken off, and no more to be allowed or voted for.''
It was perhaps thought that the amount received
from parents or masters was sufficient for his com-
pensation. The schoolmaster, probably, did not find
it such, and threw up the job ; for the records of
Ipswich Court, for March, 1687, contain the follow-
ing: "The court having called the presentment of
Haverhill for not having a schoolmaster, according
to law, in their towne, & finding that there is some
provision made for the present, for teaching chil-
dren, they are released upon that presentment; but
the court judging that what is now done and pro-
vided by them doth not answer the law, nor is con-
venient to be rested in, doe order that the town, before
the next court at Ipswich, provide an able and meet
schoolmaster, that may constantly attend that ser-
vice, as is usual in such cases, and that the scoole be
kept neare the centre of the town." The last pro-
viso would indicate that here, as in many towns at
that period, the school was made to meander about,
for the convenience of the neighborhood or the master.

It may be conjectured that the town's compliance
with the order of the court was merely perfunctory.
For ten years the records were not burdened by any
reference to a school.

November 9, 1685, a meeting was held "in order to
supply, and the pointing a fit person to keep school



inSTOllY OF ESSEX COUNTY, MASSACHUSETTS.



in tliis Town, iind iniike il liis only onii)loy to in-
struct the children or young men, or any of the in-
habitants of Haverhill, in reading and in writing,
and in cyphering;" and the selectmen were given
lull power to provide such a person, and agree with
him to keep school until the next annual meeting,
provided they did not agree to give him, on the pub-
lic account, more than four pounds in corn till that
time. And the following agreement is recorded
under the same date :

"We whose names are imderwritteu have agreed with Mr. James
chadwick to keep the school, to otideavor to teach such as shall resort
to him, as they shall desire to read, or write, or cypher, or all of Ihoni,
until the next annual meeting in February ne.xt, for which service of
his he shall be paid by the town in general three pounds, besides what
he shall have or af^i'-r with the schohu-s for, or their [larents or masters,



â–  for \



S.M. Wainwe.out." ; "'""'"'"•■

The vote and the agreement closely followed the
lines of the law of 1G47. The vote also indicates
that some of the adult inhabitants might possibly be
expected to avail themselves of the schoolmaster's
abilities.

At the next annual meeting, the selectmen were
directed " to agree with Mr. Chadwick or any other
person, to make it his employ to keep school in
Haverhill for the year ensuing." ]n 1695, the select-
men were ordered to attend to the settling of
"Schools of learning" in town, and to "settle a suit-
able schoolmaster according to law."

•The "Schools of learning" were hardly those of
Padua or Paris, and we may judge, from the proceed-
ings of the year 1700, that the town was not inclined,
even yet, to go any further in this direction than the
law imperatively required. In that year, a building
was ordered to be erected for watch-house, school-
house, and for any other use to which it might be
appropriated. It was built on what is now Main
Street, near the top of the hill, and faced the Merri-
mac (on the then commons).

June 3d, a grammar school was ordered to be es-
tablished immediately, and Mr. Richard Saltonstall
was appointed to procure a suitable instructor. In
July, thirly pounds were raised to be appropriated
for that purpose : and the selectmen were ordered " to
write a letter to the scholar that Richard Saltonstall
had treated with or some other meet person, to write
him to come and be the schoolmaster for this town of
Haverhill." The step was a bold one, but their cour-
age failed them, for September 12, 1701, at a meeting
called to see about a schoolmaster, when "The ques-
tion being moved by some of the inhabitants whether
the town is obliged by the Law to be provided with a
Grammar schoolmaster — Yea or no ; the Town an-



swers in the negative and therefore do not proceed
to do it, because they do not find they have the
number of one hundred families or householders
which the law mentions."

Among the town charges for 1701, appears the fol-
lowing item: "to the schoolmaster £()," which was
ordered paid.

June o, 1702, the selectmen being ordered to get
a schoolma-ster for this year " with all the speed they
possibly can," engaged (me Mr. Tufts and agreed
to pay him thirty-four pounds for his services. One's
wonder at this hitherto unexampled liberality is
checked upon finding that the town had been
once more presented for being destitute of a school,
and, notwithstanding this siiasmodic effort, was made
to pay its fine.

July 21, 1703, a meeting was held to see about a
schoolmaster, which was adjourned to August 18th,
and then to September 15th, when, " After much dis-
course about getting a schoolmaster, the town, in
consideration of their troubles with the Indians, re-
solved to do nothing in the premises.'' Other towns,
also urged the same disability, and, in Novem-
ber, 1705, the General Court made an order, exempt-
ing all towns of less than two hundred families from
keeping a grammar school for three years, on account
of the general impoverishment caused by the Indian
Wars.

Slight efforts were made to supply the lack of
public grants by private enterprise. September 2,
1707, Thomas Ayer petitioned the commoners " for a
small piece of land to set a house on near the meet-
ing-house that so said Ayer's wife might be the better
accommodated for the keeping of school to teach chil-
dren to read." The selectmen were empowered to
lay him out a piece for that purpose, to enjoy during
her life-time. Alas ! Ayer's wife, born Ruth
Milford, with her youngest child, Ruth, was killed
by the Indians, August 29, 1708. The disconsolate
widower, marrying the widow Blasedell, they gave to
their only child, in 1711, the name of the massacred
mother and child.

Obadiah Ayer kept a school half the time in 1710
and 1711, for which the town paid him £15 each
year. His did not rise, however, to the dignity ofa
grammar school, as he only taught " reading, writing
and cyphering."

Obadiah Ayer, of Haverhill, graduated at Harvard
in 1710.

Much is said, in these days, about the general dis-
position to neglect civic duty, especially as to muni-
cipal affairs. Our fathers took summary measures to
check this tendency. We have seen two respectable
citizens fined for not getting to town meeting in sea-
son. In 1C50, it was voted that the name of every
freeholder should be kept in the town's book, and he
should attend town meeting when legally named:
" and having lawful warning he is to come within
half an hour after the meeting is begun and continue



HAVERHILL.



1929



until sunset if the meeting hold so long, under the
penalty of halfe a bushel of Indian corn or the value
of it."

It has been stated that in the beginning, it was
voted that lands should be divided according to the
estate possessed by each man, up to two hundred
pounds, and that rates or taxes should be assessed ac-
cording to the land allotted to each. There being
only one or two persons who reached the maxi-
mum of estate, and only one, so far as appears whose
property went beyond it, this was a sufficiently con-
venient and equitable way of making taxes. At first
all were shareholders, partners. Then there began to
come in persons without estate, of whom not much
account was taken at first. But, as their number in-
creased, the original settlers and partners finding that
their township was popular and that new settlers were
arriving fast enough so that there was no longer occa-
sion to offer them inducements, came to the not un-
natural conclusion that those who had ventured out
into the wilderness and endured privations, ought to
enjoy the fruit of their enterprise. In other words,
they determined that to them, their heirs and succes-
sors alone, belonged not only the lands already
divided, but the common lands still remaining. Not-
withstanding great opposition, to be dealt with more
at length in another place, they carried their point,
and maintained their ground. But this condition of
things, while it recognized them as owners of all the
lands, left them as suoh liable also to bear in taxation
all the burdens of the community. It was necessary
10 take another step. Accordingly, in 1657 it was
voted that if any person moved into town who was
not a freeholder, he should be taxed for the support
of church and State, according to his " visible es-
tate," or by estimation of the Selectmen.

In 1662, the great ox-common was divided into lots
which were distributed to those entitled to pasture in
it; and although smaller ox-commons continued to
exist, every man had a right to have his share set off
to him in severalty, and the tendency now was
strongly toward individual ownership.

The following order, adopted by the town of
Ipswich, March 1-5, 1660, shows very clearly that his-
torically the general course of things in the colony
was such as we have indicated for Haverhill. The
pioneers in the day of small things oflered induce-
raer.ts by the grant of lands to insure themselves
useful citizens and good neighbors ; when their towns
became firmly established, they looked upon new-com-
ers with jealousy, as seeking to obtain privileges they
had not labored for, and determined to secure the
residue of their common lands to themselves. " For
as much as it is found by experience, that the com-
mon lands of this town are overburdened by the mul-
tiplying of dwelling-houses, contrary to the interest
and meaning of the first inhabitants in their granting
of house lots and other lands to such as came among
them ; to the end such inconveniences may be pre-
121i



vented for the future, it is ordered that no house,
henceforth erected, shall have any right to the com-
mon lands of this town, nor any person, inhabiting
such house, make use of any pasture timber or wood
growing upon any of said common lands, on pretext
of any right or title belonging to any such house
hereafter built, without express leave of the town.
It is further ordered, that the Seven men, in behalf
of the town, petition the next General Court, for the
confirmation of this order." In accordance with the
petition thus outlined, and, undoubtedly in concur-
rence with the desires of the major and most wealthy
and influential portion of Haverhill and other towns
similarly situated, the General Court passed a law.
May 30, 1660, that " no cottage or dwelling shall have
commonage, except those now built, or which may be
by consent of the commoners or towns."

The passage of this law caused the beginning of a
practice to record the erection of dwelling-houses in
the town books, as is shown by this extract from the
Haverhill records :

"Cottages; "Whereas, the law provides for the prevention of the great
inconvenience and damage that otberways would accrue by those persona
that liave built houses or cottages upon the commoa or their ow-u land,
since 1G60, that have not lawful right thereunto, to the great prejudice
of the house proprietors. Therefore we whose names are hereunto sub-
scribed, do judge it meet for the prevention as aforesaid, and do here
set down the names of those that have built houses upon
Haverhill, or their own land, since the year afore said.



Samuel Davis,


Thomas Whittier,


Stephen Webster,


James Davis, Jr.,


Abraham Whiticker,


James Peacker,


JohEi Swaddock,


Samuel Coulby,


Daniel Ladd, Jr.,


Samuel Glide, Sen.,


Samuell Currier,


Mathias Button,


Nathaniel Smith,


Benjamin Page,


Stephen Dow,


Will Neff,


John Page, Jr.,
Joshua Woodman.


John Eyer,


(Signed) George Browne, Daniel Lad, Jr.,


John Haseltine, Jose


Davis. Selectmen of Haverhill, in the year 1668





It will be observed that the Selectmen do not un-
dertake to decide whether any of these persons, or if
any who, were entitled to a right of commonage.
They simply record the fact that they had built
houses since 1660, because the law of 1660 provided
that no dwelling-house thereafter built should have
commonage unless built by consent of the common-
ers or the town. Some of the builders, as we know,
were already commoners, some, probably were not,
and would not be entitled to commonage without
special vote. But there was now a point of departure.
Every builder, since 1660, must establish his right of
commonage ; it could not be pre-sumed in his favor.
From another point of view — the historical and to the
genealogist — these lists are of great value, as showing
who were residents of the town at the time and
when they built their houses. This record is con-
tinued at subsequent dates :

"A list of more houses that are and fall under the law made in '60,
prohibiting them from the privileges in common lands.
Joseph Davis, Robert Ford, John Kingsbury,

Daniel Ladd, Sen., Isaac Colbie, Thomas Avers,

Joseph Johnson.

*' As attest, Henry Palmer, George Brown, James Pecker, Robert
Swan, Steven Webster, Selectmen in 1669."



HISTORY OF ESSEX COUNTY, MASSACHUSETTS.



"A list of more houses built «liich fall under tlio law
which prohibits them from juivilcgcs in Common lauds.
James Kingsbcry, Gilbert Wilford,

Thomas Huston, Moth. Ilarriroon,

Hob KmersoD,



16C0,



*an Lad, Jr., 2d.
:hum»ii Vnvis,



Joseph Peasly,
Joseph Page,
Josiah Heath,



I llut^'hius, Nicholas Browne,

II ^Vebster, 2d Samuel Ladd,
ii8 Jilabtmnn, Nathan Singleterry,
isiiccountwas entered January 2(llh,'7.'j, by the Selectmen William
, George IJrowu, Daniel Hendricks, Thomas Eatton, Selectmen in



Philip Eastman,
Josiah Gage,
J no. Hartshorn,
Tho. Hartshorn,
Widdow Ayere,
James Sanders,
Jno. Heath, Jr.,
Samuel Bilknap,
Peter Brewer.



" February the lBt,16,7. An account of more cottages erected since
January, 25, '75.

Thomas Dnston, Kob Hastings, James Saunders, 2d

John Bobie, Ezra Rolf.