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Having purchased Nahant of the Indian
Sagamore, for a suit of clothes, Thomas Dexter was not
disposed to sit down in unconcern, when the town made known their
intention of dividing it into lots for the benefit of all the people.
At a town meeting held February 24, 1657, the following order
was taken: 'It was voted that Nahant should be laid out in planting lotts,
and every householder should have equal in the dividing of it, noe man
more than another; and every person to clear his lot of wood in six years,
and he or they that do not clear their lotts of the wood, shall pay fifty
shillings for the towne's use. Alsoe every householder is to have
his and their lotts for seaven years, and it is to be laid down for a
pasture for the towne; and in the seventh, every one that hath improved
his lott by planting, shall then, that is in the seventh year, sow their
lott with English corne; and in every acre of land as they improve, they
shall, with their English corne, sow one bushel of English hay seed, and
soe proportionable to all the land that is improved, a bushel of hay seed
to one acre of land, and it is to be remembered, that no person is to
raise any kind of building at all; and for laying out this land there is
chosen Francis Ingals, Henry Collins, James Axee, Adam Hawckes,
Lieut. Thomas Marshall, John Hathorne, Andrew Mansfield.' -
Mass. Archives. This record is
valuable, as it exhibits several interesting particulars. It shows
that the purchase of Nahant by Mr. Dexter was not
considered valid - it exhibits the most impartial specimen of practical
democracy in this country, the lots being apportioned to each householder
equally, 'noe man more than another' - it furnishes an explanation of the
cause and manner of Nahant being so entirely cleared of the beautiful wood
which once grew upon it - and it shows that Nahant was early planted with
English corn, that is, with wheat. On the passing of this order,
Mr. Dexter commenced a suit against the town for
occupying it. The people held a town meeting, in which they
appointed Thomas Laighton, George Keysar, Robert Coats,
and Joseph Armitage, a committee to defend their
right. On the third of June, the following depositions were
given. 1. 'Edward
Ireson, aged 57 yeares or there abouts, sworne, saith, that
liveing with Mr. Thomas Dexter, I carried the fencing
stuffe which master Dexter sett up to fence in Nahant,
his part with the rest of the Inhabitants, and being and living with
mr. Dexter, I never heard him say a word of his buying of
Nahant, but only his interest in Nahant for his fencing with the rest of
the inhabitants; this was about 25 yeares since, and after this fence was
sett up at nahant, all the new comers were to give two shillings sixpence
a head or a piece vnto the setters up of the fence or inhabitants, and
some of Salem brought Cattell alsoe to nahant, which were to give
soe.' 2. 'The Testimony of Samuel
Whiting, senior: of the Towne of Linne, Saith, that Mr.
Humphries did desire that mr. Eaton and his
company might: not only buy Nahant, but the whole Towne of Linne, and that
mr. Cobbet and he and others of the Towne went to
mr. Eaton to offer both to him, and to commit themselves
to the providence of God, and at that time there was none that laid claim
to or pleaded any interest in nahant, Save the town, and at that time
farmer Dexter lived in the Towne of Linne.' The
person to whom Lynn was thus offered for sale, was Theophilus
Eaton, afterward governor of Connecticut. He came to Boston
June 26, 1637, and went to New Haven in August of the same year.
3. 'The Deposition of Daniel
Salmon, aged about 45 yeares, saith, that he being master
Humphreye's servant, and about 23 yeares agon, there
being wolves in nahant, commanded that the whole traine band goe to drive
them out, because it did belong to the whole towne, and farmer
Dexter's men being then at training, went with the
rest.' 4. 'This I Joseph
Armitage, aged 57 or there abouts, doe testifie, that about
fifteen or sixteen yeares agoe, wee had a generall towne meeting in Lin,
at that meeting there was much discourse about nahant; the men that did
first fence at nahant and by an act of generall court did apprehend by
fencing that nahant was theires, myself by purchase haveing a part
therein, after much agitation in the meeting, and by persuasion of
mr. Cobbit, they that then did plead a right by fencing,
did yield up all their right freely to the Inhabitants of the Towne, of
which Thomas Dexter, senior, was
one.' 5. 'We, George Sagomore
and the Sagomore of Agawam, doe testify that Duke
William, so
called did sell all Nahant unto ffarmer Dexter for a
suite of Cloathes, which cloathes ffarmer Dexter had
again, and gave vnto Duke William, so called 2 or 3
coates for it again.' This deposition was signed with an S, as the
mark of Masconomotd; and with a bow and arrow, as the
mark of Winnepurkitt. 6.
'This I, Christopher Linsie doe testifie; that
Thomas Dexter bought Nahant of Blacke
Will, or Duke William, and employed me to fence
part of it, when I lived with Thomas Dexter
.' 7. 'I, John
Legg, aged 47 years or thereabouts, doe testifie, that when I was
Mr. Humphrey's servant, there came unto my master's house
one Blacke Will, as wee call him, an Indian, with a
compleate Suit on his backe, I asked him where he had that suit, he said
he had it of ffarmer Dexter, and he had sould him Nahant
for it.' Other depositions were given by
Richard Walker, Edward Holyoke, George Farr, William Dixey,
William Witter, John Ramsdell, John Hedge, and
William Harcher. The court decided in favor of the
defendants, and Mr. Dexter appealed to the Court of
Assistants, who confirmed the judgement. Mr. Dexter
was afterward granted liberty to tap the pitch pine trees on Nahant, as he
had done before, for the purpose of making tar.
A vessel owned by Captain Thomas
Wiggin, of Portsmouth was wrecked on the Long Beach, and the
sails, masts, anchor, &c. purchased by Thomas
Wheeler, on the third of June.
Sagamore Wenepoykin petitioned the General Court, on the
twenty-first of May, that he might possess some land, formerly owned by
his brother, called Powder Horn Hill, in Chelsea. He was referred to
the county court.
1658.
At the Court of Assistants, on the thirteenth of May, the towns of
Lynn, Reading, and Chelsea, received permission to raise a troop of
horse. At the Quarterly Court, on the
twenty-ninth of June, Lieutenant Thomas Marshall was
authorized to perform the ceremony of marriage, and to take testimony in
civil cases. This year there was a great
earthquake in New England, connected with which is the following
story. Some time previous, on one pleasant
evening, a little after sunset, a small vessel was seen to anchor near the
mouth of Saugus river. A boat was presently lowered from her side,
into which four men descended, and moved up the river a considerable
distance, when they landed, and proceeded directly into the woods.
They had been noticed by only a few individuals; but in those early times,
when the people were surrounded by danger, and easily susceptible of
alarm, such an incident was well calculated to awaken suspicion, and in
the course of the evening the intelligence was conveyed to many houses.
In the morning, the people naturally directed their eyes towards the
shore, in search of the strange vessel - but she was gone, and no trace
could be found either of her or her singular crew. It was afterward
ascertained that, on that morning, one of the men at the Iron Works, on
going into the foundry, discovered a paper, on which was written, that if
a quantity of shackles, handcuffs, hatchets, and other articles of iron
manufacture, were made and deposited, with secresy, in a certain place in
the woods, which was particularly designated, an amount of silver, to
their full value, would be found in their place. The articles were
made in a few days, and placed in conformity with the directions. On
the next morning they were gone, and the money was found according to the
promise; but though a watch had been kept, no vessel was seen. Some
months afterward, the four men returned, and selected one of the most
secluded and romantic spots in the woods of Saugus, for their abode.
The place of their retreat was a deep narrow valley, shut in on two sides
by high hills and craggy precipitous rocks, and shrouded on the others by
thick pines, hemlocks, and cedars, between which there was only one small
spot to which the rays of the sun at noon could penetrate. On
climbing up the rude and almost perpendicular steps of the rock on the
eastern side, the eye could command a full view of the bay on the
south, and a prospect of a considerable portion of the surrounding
country. The place of their retreat has ever since been called the
Pirates' Glen, and they could not have selected a spot on the coast for
many miles, more favorable for the purposes both of concealment and
observation. Even at this day, when the neighborhood has become
thickly peopled, it is still a lonely and desolate place, and probably not
one in a hundred of the inhabitants has ever descended into its silent and
gloomy recess. There the pirates built a small hut, made a garden,
and dug a well, the appearance of which is still visible. It has
been supposed that they buried money; but though people have dug there,
and in several other places, none has ever been found. After
residing there some time, their retreat became known, and one of the
king's cruisers appeared on the coast. They were traced to the glen,
and three of them were taken and carried to England, where it is probable
they were executed. The other, whose name was Thomas
Veal, escaped to a rock in the woods, about two miles to the
north, in which was a spacious cavern, where the pirates had previously
deposited some of their plunder. There the fugitive fixed his residence,
and practised the trade of a shoemaker, occasionally coming down to the
village to obtain articles of sustenance. He continued his residence
till the great earthquake this year, when the top of the rock was
loosened, and crushed down into the mouth of the cavern, enclosing the
unfortunate inmate, in its unyielding prison. It has ever since been
called the Pirate's Dungeon.
1659. A road was laid out from Lynn to Marblehead, over
the Swampscot beaches, on the fifth of July. In reference to the
part between Ocean street and King's Beach, the Committee say, 'it has
been a country highway thirty and odd years, to the knowledge of many of
us.' At the Quarterly Court, on the
twenty-ninth of November, 'Thomas Marshall, of Lynn, is alowed by this
court, to sell stronge water to trauillers, and also other meet
provisions.' The General Court had passed some
very severe laws against the people called Friends or Quakers, forbidding
any even to admit them into their houses, under a penalty of forty
shillings an hour. Mr. Zacheus Gould had offended
against this order, for which he was arraigned by the Court. On the
25th of Novembbr, 'the deputies having heard of what Zacheus
Gould hath alleged in Court, in reference to his entertainment of
Quakers, do think it meet that the rigor of the law, in that case
provided, be exercised upon him, but considering his ingenious confession,
and profession of his ignorance of the law; and he also having long
attended the Court, do judge that he shall only be admonished for his
offence by the governor, and so be dismissed the court, and all with
reference to the consent of our honored magistrates hereto.' This
decision of the deputies was sent to the magistrates, and returned with
this endorsement: 'The magistrates consent not thereto.' So it is
probable that Mr. Gould was compelled to pay his fine.
The Court this year enacted that the festival
of Christmas should not be observed, under a penalty of five shillings.
1660. Mr. Adam
Hawkes commenced a suit, in June, against Oliver
Purchis, agent for the Iron Company, for damage by overflowing
his land. The following papers relating to this subject, were found
in the files of the Quarterly Court. 'The
deposition of Joseph Jenks, senior, saith, that having
conference with adam hawkes about the great dam at the
Iron works at Lin, he complayned that he suffered great damage by the
water flowing his ground. I answered him, I thought you had
satisfaction for all from the old companie he said he had from the
old company, and further saith not.'
'This I, Charles Phillopes do testifie, that I,
keepeing of the watter at the Irone Workes, since Mr.
Porchas came there, Mr. Porchas did att all
times charge me to keepe the watter Lowe, that it might not damage
Mr. Hawkes, which I did, and had much ill will of the
workmen for the same.' Others testified
that the lands had been much overflowed. Francis
Hutchinson said, that the water had been raised so high, that the
bridge before Mr. Hawkes' house had several times been
broken up, and 'the peces of tember raised up and Made Sweme.'
John Knight and Thomas Wellman
were appointed to ascertain the damage. They stated that the corn
had been 'Much Spoilled,' and the wells 'sometimes ffloted; that the
English grass had been much damaged, and the tobacco lands much injured, '
in laying them so Coulld.' They judged the damage to be 'the
ualloation of ten pounds a yeere.'
1 6 6
1. 'At a Generall Towne Meetinge, the 30th of
December, 1661, vpon the request of Daniell Salmon for
some land, in regard he was a soldier att the Pequid warrs, and it was
ordered by vote that Ensign John ffuller, Allen Breed, senior,
and Richard Johnson, should vew the land
adjoyninge to his house lott, and to giue report of it vnto the next towne
meetinge.'
1662. Mr.
William Longley prosecuted the town, for not laying out
to him forty acres of land, according to the division of 1638. The
case was defended by John Hathorne and Henry
Collins. In March, the Court decided that he should have
the forty acres of land or forty pounds in
money. On the thirteenth of May,
the boundary line between Lynn and Boston was marked. It ran 'from
the middle of Bride's brooke, where the foot path now goeth.' This
line has since become the boundary between Saugus and
Chelsea. For the first time since the
organization of the general government in 1634, the town of Lynn sent no
representative.
1663. On
the evening of January twenty-sixth, there was an earthquake.
Mr. John Hathorne complained
to the church at Lynn, that Andrew Mansfield and
William Longley had given false testimony in the recent
land case, for which they were censured. They appealed to the county
court, accusing Mr. Hathorne of slander, of which he was
found guilty, and sentenced to pay a fine of L10, and make a
public acknowledgment in the meeting-house at Lynn; or else to pay
L20 and costs. On the fourth of April, the court
directed the following letter to the church at
Lynn. 'Reverend and loving friends and
brethren: We understand that John Hathorne hath accused
Andrew Mansfield and William Longley in
the church of Lynn, for giving a false testimony against himself and
Henry Collins, at the court of Ipswich, in March this was
12 month, and for which the said Mansfield and
Longley stand convicted in the church, and finding
themselves aggrieved thereat, hath brought their complaint against the
said Hathorne in several actions of slander, which hath
had a full and impartial hearing, and due examination, and by the verdict
of the jury the said Hathorne is found guilty. Now
because it is much to be desired that contrary judgments in one and the
same case may be prevented, if possibly it may be attained, and one power
strive not to clash against the other, we thought it expedient, before we
give judgment in the case, to commend the same to the serious
consideration and further examination of the church. We doubt not
but that there hath been even more than a few both in the words and
carriage of all the parties concerned, (though not the crime alleged),
which if it may please God to put into their hearts to see and own so as
may give the church opportunity and cause to change their mind and reverse
their censures, so far as concerns the particular case in question, we
hope it will be acceptable to God, satisfactory to ourselves and others,
and the beginning of their own peace and quiet, the disturbance whereof
hitherto we are very sensible of, and shall at all times be ready to
afford them our best relief, as we may have opportunity or cognizance
thereof. Had you been pleased, before your final conclusion, to have
given us the grounds of your offence, we should kindly have resented such
a request, and probably much of your trouble might have been prevented. We
have deferred giving judgment in this case till the next session of this
Court to see what effect this our motion may have with them. Now the
God of peace and wisdom give them understanding in all things, and guide
them to such conclusions, in this and all other causes of concernment, as
may be agreeable to his will, and conducing to your peace and welfare.
So pray your friends and brethren. By
order of the County Court, at
Ipswich, ROBERT
LORD, Clerk.
To this letter Mr. Whiting
made the following reply, on the fourth of
May. 'Honored and beloved in the God of love:
We have received your letter, which you have been pleased to send to us,
wherein we perceive how tender you are of our peace, and how wisely
careful you declare yourselves to be in preventing any clash that might
arise between the civil and ecclesiastical powers, for which we desire to
return thanks from our hearts to God and unto you concerning the
matter you signify to us; what your pleasure is that we should attend
unto, we in all humility of mind and desirous of peace, have been willing
to prove the parties concerned, to see what errors they would see and own;
and for his part that complained to us, he doth acknowledge his uncomely
speeches and carriage both unto the marshal, he being the court's officer,
and also to brethren in the church, in the agitation of the matter, and
doth condemn himself for sin in it, but for the other parties that stand
convicted, they either do not see or will not acknowledge any error
concerning their testimony, which we judge they ought. Wherefore we
humbly present you with these few lines, not doubting but they will be
pleasing to God and acceptable to you, whatever hath been suggested to
yourselves by others that bear not good will to the peace of our church;
we are sure of this, and our consciences bear us witness, that we have
done nothing in opposition to you, or to cast any reflection upon your
court proceedings, but have justified you all along in what you have done,
Secundum Allegata et probata, (according as they were alleged and
proved) in all our church agitations, which our adversaries can tell, if
they would witness; but by reason of this, that some of our brethren did
swear contrary oaths, we thought it our duty upon complaint made to us to
search who they were that swore truly and who did falsify their oath, and
after much debate and dispute on Sunday days about this matter, we did
judge those two men faulty, which in conscience we dare not go back from,
they continuing as they do to this day. Could we discern any token
of these men's repentance, for this that they are, especially one of them,
censured in the church for, we should cheerfully take off the censures;
but inasmuch as they justify themselves, and tell us if it were to do
again they would do it, and lift up their crests in high language and come
to such animosities from the jury's verdict, we desire the honored court
would not count us transgressors if we do not recede from what we have
done. Especially considering what disturbers they have been to us;
especially one of them, for these several years. Now, therefore,
honored and dear sirs, seeing by what we have done we have gone in our own
way as a church in the search after sin, we hope the court will be tender
of us and of him that comnplained to us on that account, and if we humbly
crave that it be not grievous to you that we humbly tell you that in our
judgment the discipline of these churches must fall; and if so, of what
sad consequence it will be, we leave it to those that are wiser than
ourselves to judge, for this case being new and never acted before in this
country, doth not only reflecton our church but on all the churches in the
country; for if delinquents that are censured in churches, shall be
countenanced by authority, against the church in their acting in a just
way, we humbly put it to the consideration of the court, whether there
will not be a wide door opened to Erastianisme,
(Thomas Erastus, in 1647, during the civil wars in
England, contended that the Church had no power to censure or
decree. This term was termed Erastianism.) which we hope all
of us do abhor from our hearts. Now the God of peace himself give
the country, courts and church peace always by all means; grace be with
you all in Christ Jesus. Amen. 'Dated
the 4th, 3d, 1663, with the consent and vote of the church.
SAMUEL WHITING.'
On the
next day, the Court replied as follows:
Reverend and beloved, We are very sorry our endeavors have not produced
that effect we hoped and desired, but seem to have been interpreted
contrary to our intentions, (and, we conceive, our words,) as an
encroachment and destructive to the right and power of the churches.
We have been taught, and do verily believe, the civil and ecclesiastical
power may very well consist, and that no cause is so purely
ecclesiastical, but the civil power may in its way deal therein. We
are far from thinking the churches have no power but what is derived from
the christian magistrates, or that the civil magistrate hath
ecclesiastical powers, yet may, and ought, the matter so requiring, take
cognizance and give judgment in solving a case, not in a church but civil
way. We suppose we have kept much within these bounds in the case
that hath been before us, and that our opinion and practice herein hath
been as clear from Erastianisme, as some men's assertions have
been from the opposite error, and the declared judgments of our
congregational divines. In that point, we own and desire so to
regulate our proceedings accordingly. The God of order guide all our
ministrations to his glory, and the peace and edification of his people.
'By order and unanimous consent of the County
Court, sitting at Ipswich, May 5th, 1663, p.
me.
ROBERT LORD,
Clerk.'
1664. On the
twenty-eighth of June, Theophilus Bayley was licensed to
keep a public house. (Q. C. Files.)
This year the wheat is first mentioned to have been blasted.
(Hubbard.) and little has been raised on the
sea-coast of New England since. A public fast
was appointed on account of dissensions and troubles.
In November, a comet appeared, and continued
visible till February.
1665. On the twenty-seventh of June, Thomas
Laighton, Oliver Purchis, and John Fuller, were
appointed commissioners to try small
causes. On the twenty-ninth of November,
Mr. Joseph Jenks was admonished by the Salem court, for
not attending public worship.
1666. Mr. Andrew Mansfield was chosen
town recorder. On the seventh of December,
the General Court assembled for religious consultation and prayer, in
which Mr. Whiting and Mr. Cobbet
sustained a part.
1667.
At the Quarterly Court, on the twenty-sixth of June, Nathariel
Kertland, John Witt, and Ephraim Hall, were
presented, 'for prophaining the Lord's Day, By Going to William
Craft's house, in time of publike exercise, (they both being at
meeting,) and Drinkeing of his sider, and Rosteing his Aples, without
eyther the consent or knowledge of him or his
wife.' Mr. Joseph Jenks
presented a petition to the General Court for aid to commence a wire
manufactory, but did not receive sufficient encouragement.
1668. The ministers of
the several towns assembled in Boston, on the fifteenth of April, to hold
a public disputation with the Baptists. Mr. Whiting
and Mr. Cobbet were among the principal.
On the thirteenth of June, Robert
Page, of Boston, was presented for 'setinge saille from Nahant,
in his boate, being Loaden with wood, thereby Profaining the Lord's
daye.' Land on the north side the Common
was this year sold for L4 an acre; and good salt marsh,
L1.10.
1669.
On the twenty-ninth of April, the boundary line between Lynn and
Salem was defined. It ran from the west end of Brown's pond, in
Danvers, 'to a noated Spring,' now called Mineral Spring; thence to 'Chip
Bridge,' on the little brook which runs out near the house of John
Phillips, to the sea shore.
1670. The Court ordered, that the lands of deceased
persons might be sold for the payment of debts. Before this, if a
person died in debt, his land was secure. The method of conveyance
was by 'turfe and twig;' that is, the seller gave a turf from the ground
and a twig from a tree, into the hands of the buyer, as a token of
relinquishment.
1671.
On the eighteenth of January, there was a great snow storm, in which there
was much thunder and lightning. The
following memorandum is copied from the leaf of a Bible. May 22.
'A very awful thunder, and a very great storm of wind and hail,
especially at Dorchester town, so that it broke many glass windows at the
meeting-bouse.' Mr. Samuel
Bennet prosecuted Mr. John Gifford, the former
agent of the Iron Works, and attached property to the amount of
L400, for labor performed for the company. On the
twenty-seventh of June, the following testimony was
given: 'John Paule aged
about forty-five years, sworne, saith, that living with Mr. Samuel
Bennett, upon or about the time that the Iron Works were seased
by Capt. Savage, in the year 53 as I take it, for I lived
ther several years, and my constant imployment was to repaire carts, coale
carts, mine carts, and other working materials for his teemes, for he
keept 4 or 5 teemes, and sometimes 6 teemes, and he had the most teemes
the last yeare of the Iron Works, when they were seased, and my master
Bennet did yearly yearne a vast sum from the said Iron
Works, for he commonly yearned forty or fifty shillings a daye for the
former time, and the year 53, as aforesaid, for he had five or six teemes
goeing generally every faire day." (Salem Q. C. files.)
The Iron Works for several years were carried
on with vigor, and furnished most of the iron used in the colony.
But the want of ready money on the part of the purchasers, and the
great freedom with which the company construed the liberal privileges of
the Court, caused their failure. The owners of the lands which had
been injured, commenced several suits against them, and at last hired a
person to cut away the flood gates and destroy the works. This was
done in the night, when the pond was full. The dam was high, and
just below it, on the left, stood the house of Mac Callum More
Downing. The water rushed out, and flowed into the house,
without disturbing the inhabitants, who were asleep in a chamber. In
the morning, Mrs. Downing found a fine live fish
flouncing in her oven. The works were much injured, and the
depredator fled to Penobscot. The suits
against the Iron Works were protracted for more than twenty years.
Mr. Hubbard says that 'instead of drawing out bars of
iron for the country's use, there was hammered out nothing but contention
and law suits.' The works were continued, though on a smaller scale,
for more than one hundred years from their establishment. But they have
long been discontinued, and nothing now is to be seen of them, except the
heaps of scoria, nearly overgrown with grass, and called the 'Cinder
Banks.'
1672. Mr.
Daniel Salmon
attached the property of the town, to the value
of forty pounds, for not laying out the land granted to him in
1661. On the twenty-seventh of June, the Quarterly Court required the town to give him
about six acres, near his house. |