being yoked and ringed. Finally the town undertook the care of the hogs on the same basis as the cows. Contract was made with Wm. Clark in 1652 to keep a herd of hogs from the 26th of April to the last of October, "to drive them out to their feed in the Commons, being all ringed, between seven or eight of the clock, to have 12 shillings per week, six pence for every head." Hogs were to be brought to Mr. Payne's corner, and the owners were ordered " to find for every six hogs one to help keep them till they be wanted."

The next year, Abraham Warr and the son of Goodman Symmes were the swine herds, and they were expected to take them at the Meeting House Green and drive one herd through the street by Mr. P... (probably High St.), the other out at Scott's Lane (the present Washington St.). Robert Whitman also was commissioned to keep a herd of hogs on the north side," he and his boy to keep out with them until 4 o'clock in the afternoon, to drive them out presently after the cows,- his boy has liberty to leave the hogs at one o'clock." This swine-herd, Whitman, is mentioned in the record of 1644 as the keeper of the goat herd on the north side.

Sheep were kept on Jeffries Neck, and liberty was given sheep owners in 1656 to "fence in about half an acre of ground there for a year to keep their sheep in nights," and it was also ordered that "one able person out of every family shall work one day in May or June as they shall be ordered, to help clear the commons for the better keeping of sheep, upon a day's warning." Robert Roberts was the shepherd on Jeffries Neck in 1661 from April 8th till the end of October and his wages were £13. Robert Whitman was paid 10 shillings a week to keep another flock on the north side of the river. In 1662 there were three shepherds and the commons on the south side were so burdened that one hundred sheep were transferred to the north side. By vote of 1702 the shepherds were required to have cottages adjoining the sheep-walks so as to be near their flocks. Felt says that it was the custom for each shepherd to put his flock in the pen every Friday afternoon, that the owners might take what they needed for family use and for market.

Another public functionary of no small dignity was the Town Crier, whose task it was to proclaim with loud voice any announcement of public importance. The first allusion to this official occurs in the year 1640, when it was voted that "Ralph Varnham, for ringing the bell, keeping clean the meeting house and publishing such things as the town shall appoint shall have for his paynes, of every man for the year past whose estate is rated under 100£ 6d, from 100 to 500£ 124, and upward 184; the like for this year to come." Henceforward the Town Crier was elected annually.

Commendable care for the neat and tidy appearance of the public thoroughfares was manifested in the vote of March, 1645, that Robert Lord "keep the streets clear of wood and timber under penalty 12a the load and as proportionable for more or less for lying or standing above three days in any of the streets or lanes," and in 1652 the town Ordered, that all dung-hills lying in the streets shall be removed by the 20th of October and from that time noe dung hills to be layed in the streets under the penalty of 10." A stringent prohibition of felling any shade trees in the streets or highways, under penalty of 20% for every offence was enacted in 1666.

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A Committee to provide a building for the town school was appointed in Jan., 165 1/2 and studious effort to secure the best educational advantages is manifest in

the annual provision for the public school and frequent contributions to Harvard College.

As various industries assumed prominence, special inspectors were appointed, generally in compliance with some edict of the General Court. Thus, John Knowlton was appointed to "search and seale leather in 1652, that no unmarketable leather might be sold by any tanner of hides, and the sealer is a regular official henceforth. The Common Packer, whose function was to secure the proper packing of fish or meat in barrels, I presume, came into existence in 1658. "Pounders," for the care of stray animals shut up in the public pounds and the collection of fines, were chosen in 1674, but some provision must have been made long before this as the pounds had been built some years. Tithing men were chosen first in 1677, and in 1680 there is mention of a Clerk of the Market Place. "Gagers of casque" were chosen in 1726. The poor had been provided for always at the public expense, but the first mention of an overseer of the poor, of which I am aware, occurs in 1734. Capt. Thos. Wade was then elected to that office. Col. John Choate was chosen surveyor of flax and hemp in 1735.

By the middle of the century, deer began to be scarce in the forests, and to prevent their extinction and to regulate their destruction for food "deer reeves" were established and the first election was made in 1743. They were elected annually for many years, but as the office had been discontinued in 1797, it is probable that the deer had wholly disappeared.

Thus the government of the town was systematized gradually. Every industry seems to have been supervised by some public functionary and the climax of petty officialdom might well have been reached in 1797, when the list of officers chosen at the Town meeting included Selectmen, Overseers, Town Clerk and Treasurer, Tithingmen, Road Surveyors, Fish Committee, Clerk of the Market, Fence Viewers, Haywards, Surveyors of Lumber, Cullers of Fish, Sealers of Leather, Hog-reeves, Gaugers of Cask, Sealers of Weights, Measurers of Grain, Corders of Wood, Firewards, Packer of Pork, and Cullers of Brick. Surely the thirst for public office, which afflicts every American citizen, was easily gratified. The Ipswich of a century ago must have been a paradise for politicians.

COMMON LANDS AND COMMONAGE.

Ownership of a house and land within the town bounds carried with it the right of pasturage, in the wide domain beyond the Common Fence. This right was definitely recognized, and could be bought or sold. But the privilege of cutting wood in the dense forests, which were included in these commons, was retained by the town.

Singularly enough the town claimed proprietorship even in the trees standing on the houselots granted to individuals, and graciously granted permission in 1634, to the grantees to have such trees on "paying a valuable consideration for the fallinge of them." In 1635, the Town ordered that "no man shall sell, lend, give or convey, or cause to be conveyed or sent out of the Town, any timber sawn or unsawn, riven or unriven upon pain of forfeiting their sum or price." The "consent of the Town" was

necessary before any timber or clapboards could be carried beyond her bounds. The enactment of 1639 was even more stringent.

"Noe man shall fell any timber upon the Common to make sale of, neither Shall any man fell any tree for fuel without leave from the Constable under penalty of x' for such tree felled for timber or firewood, and if any man shall fell timber for their own use, and remove it not from off the Commons, or cleave it or saw it not within one year after the felling of it, it shall be lawful for any man to make use of the same." According to the vote of 1643, a special license from the Town or Seven Men was necessary before a white oak could be felled, and Mr. Gardiner was to give a written certificate that such license is fit. The felling of timber on "Jeffry's Neck, Castle Neck, Hog Island," etc., was prohibited in 1650, but some clearings had been accomplished, as provision was made in 1654 for Jeffries Neck and other common lands to be "broken up and planted for English." Special privilege was granted the inhabitants of the Town in 1652, to fell for firewood the swamp between Timber Hill and Bush Hill, “provided no man may take above 2 rods in breadth, and to fell all and clear as they go across the Swamp." By the order of 1665, oaks or walnuts might not be cut without permission, but the maltsters, Capt. Appleton, Cornet Whipple and Thomas Lwere granted liberty to fell some walnuts for their kilns in 1667, and permit was given the tanners in 1671 "to fell for there supply for Barke for there tanning, being as good Husbands for the Town as they can.”

Neither did the right of commonage involve any privilege of cultivating any portion of the commons. In 1659, twelve citizens petitioned for the privilege of planting two acres apiece in Jeffries Neck, and they agreed to sow four bushels of hayseed per acre with the last crop. Their petition was allowed and seven others were granted like privilege "if the land holds out.”

This use of the common land sprang into instant favor. The next year, fifteen men agreed to cultivate two acres apiece on Jeffries Neck for four years, and with the fifth crop plant four bushels of hayseed, and leave it to the use of the Town for Common feed as before. Twenty-four men agree to clear, and then cultivate Bush Hill and Turkey Hill for six years, on the same terms, with the added proviso, that they "shall keep up fence one year after to let the grass get ahead." Redroot Hill was granted to eight for six years, Scott's Hill to nine, a parcel of land at Cowkeepers Rock to six, land between Haffield's and Wilderness Hill to Giddings and John Andrews.

By the time the first of these tillage rights had expired, the idea of permanent individual ownership had gained general acceptance. So, in 1664, the town voted that Plum Island, Hogg Island and Castle Neck be divided to such as have the right to commonage according to law, according to the proportion of four, six and eight. Those who did not pay more than 68 84 in personal & property tax in a single country rate were to form the first division. All that did not excced 16s were to form the second. All that exceeded 168 " together with our Magistrates, Elders, Mr. John Rogers, and Mr. Thomas Andrews" (the school-master), were to constitute the highest.

The Committee to which the task was assigned, reported in April, 1665, that there were 203 inhabitants who had right of commonage, that 28 were entitled to a double

share, 70 were entitled to a share and a half, 105 were entitled to a single share, 226 single shares in all. They reported as well that there were 800 acres of marsh and upland "beside beaches and gall'd hills," and that each single share would contain three acres. These shares were laid out, first a double share, next two one and a half shares, then three single shares beginning'at the end of Plum Island towards Rowley, then on Castle Neck, including "the Pines" and Wigwam Hill. The commoners then took their shares by lot, and Cornet Whipple, Robert Lord, John Leighton and Thomas Lovel went with them to show where their land was. A full list of the shareholders was recorded, and this large section of the public domain was withdrawn from commonage forever. Large tracts of common land remained however and the right of commonage was granted to five men in 1668 and to Thomas Giddings in 1674 by vote. Fishermen were allowed to cut wood from the commons for needed building and fuel, and each boat's crew had leave to feed one cow on the Common (1670). Yet further privilege was granted them in 1696, when Mr. John Appleton, Mr. Andrew Dyamond, and Mr. Francis Wainwright, were "appointed and empowered a Committee to lay out the several lots that shall be desired by persons to carry on the fishing design at Jeffery's Neck, for flake-room and erecting stage or stages, the said lotts to run up and down the hill fronting to ye River on ye Southside." Traces of these lots are visible in the rows of stones, on the slope of Great Neck near Little Neck. Less favor had been shown other use of common lands in 1682, when the question, "whether any commoner or inhabitant may take up and inclose land upon the com. mon or highways, as he or they shall see good, for Tobacco yards and other uses," was decided in the negative.

Finally, in the beginning of the next century, 1709, it was voted, that all the common lands be divided into " eight parts," except what is hereafter to accommodate ancient and new commoners. These votes, we have mentioned, were all votes of the town in regularly warned town meetings. Provision was made for the carrying out of the several votes by the selectmen, the town constable and other public officials. It might appear that the town in its corporate capacity had supreme control.

Nevertheless, from the very beginning, the commoners, or those who had the right of commonage, met in commoners' meeting, had their own records, and legislated with reference to all the duties and privileges of commoners. In fact, it has been affirmed by a careful student, that in the town of Manchester, land grants made by the town were really made by the commoners acting in their capacity of commoners. In our own town, the line of distinction seems to have been drawn more definitely, yet the commoners claimed and exercised very important rights. As early

as 1644, the Town Records allude to a gift by the commoners: "a plot of the Cow Common on the north side of the River containing by estimation 3244 acres, was presented unto the freemen of the town. The freemen doth give and grant unto the Inhabitants of the Town with themselves, their heirs and successors forever [viz. all such as have right to commonage] all the aforesaid Common to be improved as aforesaid."

In 1702, they divided the common lands into large sheep pastures. "The Great

1State Doc. "Inhabitants of the Town of Manchester versus Andrew C. Slater," p. 18.

Neck by some cald Jefferies Neck, now named ye Ram Pasture being part of ye sheep walks on ye northerly side of the River," was to be included in the " sheep walk," on the north side of the River; "and on ye South syde of ye Mill River, excluding ye bounds of ye flock cald Whipple's (Job's Hill) flock, extending from Isaack Foster's in Chebacco to James Gittings his house; and from thenc to ye vally betwixt Long Hill and Wilderness Hill, and thenc in ye valley betwext Red Root Hill' and Sagamore Hill and thence on a line to Mile Brook agst land."

These "stinted sheep walks" having been defined for each flock, the commoners voted that there should be nine flocks:

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6.

7.

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ye Town flock, alias Windmill Hill flock as far as the Bridge below Wm Durges & as sd Rivilet runs by Henry Gold's to Choates land."

"Red Root Hill or Brags & Kinsmans flock."

8. "ye Farmers flock next Wenham called Whipples flock, alias Jobs Hill flock.' 9. the Chebacco flock.

It was further ordered

"Every sheppard shall keep his flock in the limits prescribed to the particular flock yt he takes charge and care of, & not suffer them to stragle into other Flocks limits, on penalty of paying as a fine of two shillings and six for each time he is convicted of such his neglect:Each shepherd was to have a cottage near his flock, and a fold in which he was to put them at sunset, "and put them out at sun half an hour high in ye morne day by day." Mr. Samuel Appleton & others were to have a flock in the Thick Woods and Pigeon Hill.

In 1707, a division of wood, timber, etc., at Chebacco ponds, Knight s farm, etc., was made into four parts. In 1709, the final division of the common lands was made by a Committee of the Commoners and a Committee of the Town. The town voted on January 11, 1708/9, That wood-land at Chebacco Ponds, that thatch banks and land above Baker's Pond, and Samuel Perley's, Jeffrey's Neck and Paine's Hill, be divided into three-fifths and two-fifths shares."

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Voted, "That any commoner who has one or more rights and has built one or more new houses in the place of old ones, shall have only the right for a new house, which belonged to the old one."

The list of old and new commoners, and old and new Jeffries Neck commoners was agreed on, and then the common lands were divided into eight parts.

1.

"Convenient for Chebacco, about Chebacco pond," about 873 acres.

2. "Convenient for the inhabitants of the Hamblett," about 470 acres.

3. "From Chebacco Pond running northwesterly, taking all the Comon lands between the two lines to Cowkeepers Rock, and all that piece of Common up to the highway by Tanner Norton's, and by the fence to the Gate by Appleton's Mill," about 1181 acres.

1Now called Red-wood Hill.