Salem Witchcraft, Volumes I and II / With an Account of Salem Village and a History of Opinions on Witchcraft and Kindred Subjects

by Charles Wentworth Upham

They had four sons,—Samuel, John, Francis, and Benjamin; and four daughters,—Rebecca, married to Thomas Preston, Mary to John Tarbell, Elizabeth to William Russell, and Sarah, who remained unmarried until after the death of her mother. With this strong force of stalwart sons and sons-in-law, and their industrious wives, Francis Nurse took hold of the farm. The terms of the purchase were so judicious and ingenious, that they are worthy of being related, and show in what manner energetic and able-bodied men, even if not possessed of capital, particularly if they could command an effective co-operation in the labor of their families, obtained possession of valuable landed estates. The purchase-money was not required to be paid until the expiration of twenty-one years. In the mean time, a moderate annual rent was fixed upon; seven pounds for each of the first twelve years, and ten pounds for each of the remaining nine years. If, at the end of the time, the amount stipulated had not been paid, or Nurse should abandon the undertaking, the property was to relapse to Allen. Disinterested and suitable men, whose appointment was provided for, were then to estimate the value added to the estate by Nurse during his occupancy, by the clearing of meadows or erection of buildings or other permanent improvements, and all of that value over and above one hundred and fifty pounds was to be paid to him. If any part of the principal sum should be paid prior to the expiration of twenty-one years, a proportionate part of the farm was to be relieved of all obligation to Allen, vest absolutely in Nurse, and be disposable by him. By these terms, Allen felt authorized to fix a very high price for the farm, it not being payable until the lapse of a long period of time. If not paid at all, the property would come back to him, with one hundred and fifty pounds of value added to it. It was not a bad bargain for him,—a man of independent means derived from other sources, and so situated as not to be able to carry on the farm himself. It was a good investment ahead. To Nurse the terms were most favorable. He did not have to pay down a dollar at the start. The low rent required enabled him to apply almost the entire income from the farm to improvements that would make it more and more productive. Before half the time had elapsed, a value was created competent to discharge the whole sum due to Allen. His children severally had good farms within the bounds of the estate, were able to assume with ease their respective shares of the obligations of the purchase; and the property was thus fully secured within the allotted time. Allen gave, at the beginning, a full deed, in the ordinary form, which was recorded in this county. Nurse gave a duly executed bond, in which the foregoing conditions are carefully and clearly defined. That was recorded in Suffolk County; and nothing, perhaps, was known in the neighborhood, at the time or ever after, of the terms of the transaction. When the success of the enterprise was fully secured, Nurse conveyed to his children the larger half of the farm, reserving the homestead and a convenient amount of land in his own possession. The plan of this division shows great fairness and judgment, and was entirely satisfactory to them all. They were required, by the deeds he gave them, to maintain a roadway by which they could communicate with each other and with the old parental home.

Here the venerable couple were living in truly patriarchal style, occupying the "mansion" of Townsend Bishop, when the witchcraft delusion occurred. They and their children were all clustered within the limits of the three-hundred-acre farm. They were one family. The territory was their own, secured by their united action, and made commodious, productive, valuable, and beautiful to behold, by their harmonious, patient, and persevering labor. Each family had a homestead, and fields and gardens; and children were growing up in every household. The elder sons and sons-in-law had become men of influence in the affairs of the church and village. It was a scene of domestic happiness and prosperity rarely surpassed. The work of life having been successfully done, it seemed that a peaceful and serene descent into the vale of years was secured to Francis and Rebecca Nurse. But far otherwise was the allotment of a dark and inscrutable providence.

There is some reason to suspect that the prosperity of the Nurses had awakened envy and jealousy among the neighbors. The very fact that they were a community of themselves and by themselves, may have operated prejudicially. To have a man, who, for forty years, had been known, in the immediate vicinity, as a farmer and mechanic on a small scale, without any pecuniary means, get possession of such a property, and spread out his family to such an extent, was inexplicable to all, and not relished perhaps by some. There seems to have been a disposition to persist in withholding from him the dignity of a landholder; and, long after he had distributed his estate among his descendants, it is mentioned in deeds made by parties that bounded upon it, as "the farm which Mr. Allen, of Boston, lets to the Nurses." Not knowing probably any thing about it, they call it, even after Nurse's death, "Mr. Allen's farm." This, however, was a slight matter. When Allen sold the farm to Nurse, he bound himself to defend the title; and he was true to his bond. What was required to be done in this direction may, perhaps, have exposed the Nurses to animosities which afterwards took terrible effect against them.

In granting lands originally, neither the General Court nor the town exercised sufficient care to define boundaries. There does not appear to have been any well-arranged system, based upon elaborate, accurate, scientific surveys. Of the dimensions of the area of a rough, thickly wooded, unfrequented country, the best estimates of the most practised eyes, and measurements resting on mere exploration or perambulation, are very unreliable. The consequence was, that, in many cases, grants were found to overlap each other. This was the case with the Bishop farm; and soon after Nurse came into possession, and had begun to operate upon it, a conflict commenced; trespasses were complained of; suits were instituted; and one of the most memorable and obstinately contested land-controversies known to our courts took place. In that controversy Nurse was not formally a principal. The case was between James Allen and Zerubabel Endicott, or between Allen and Nathaniel Putnam.

An inspection of the [map], at this point, will enable us to understand the grounds on which the suit was contested. The Orchard Farm was granted to Endicott, as has been stated, July 3, 1632, by the General Court. The grant states the bounds on the south and on the north to be two rivers; on the east, another river, into which they both flow; and, on the west, the mainland. Where this western line was to strike the rivers on the north and south is not specified; but the natural interpretation would seem to be, in the absence of any thing to the contrary, that it was to strike them at their respective heads. The evidence of all persons who were conversant with the premises during the life of the Governor as connected with the farm was unanimous and conclusive to this point; that is, that he and they always supposed that the west line was, as drawn on the [map], from the head of one river to the head of the other; that the farm embraced all between them as far up as the tide set. It was objected, on the other side, that this made the farm much more than three hundred acres; but as an offset to that was the fact, that a considerable part of the area was swamp or marsh, not usually taken into the account in reckoning the extent of a grant, and the additional fact, that the language of the General Court in reference to quantity was not precise,—"about" three hundred acres. At the same date with the grant to Endicott, the General Court granted two hundred acres to Mr. Skelton, which tract is given on the [map].

As has been stated, the General Court conferred upon the towns the exclusive right to dispose of the lands within their limits, March 3, 1635. On the 10th of December of that year, the town of Salem granted to Robert Cole the tract of three hundred acres subsequently purchased by Emanuel Downing, which is indicated on the [map]. On the 11th of January, 1636, the grant of three hundred acres was made to Townsend Bishop. Its language is unfortunately obscure in some expressions; but it is clear, that the tract was to be four hundred rods in length, one hundred and twenty-four rods in width at the western end, and one hundred and sixteen rods at the eastern. At the north-east corner it was to meet the water or brook that separated it from the grant to Skelton; and it was also to "but" upon, or touch, at the eastern end, the land granted to Endicott by the General Court. After the grant to Bishop, the town, from time to time, made grants to Stileman of land north of the Bishop grant. Stileman's grants adjoined Skelton's at the north-eastern corner of the Bishop farm. That part of Stileman's land had come into possession of Nathaniel Putnam, and the residue westwardly, together with the grant to Weston, into the possession of Hutchinson, Houlton, and Ingersol. Still further west, the town had made grants to Swinnerton. Their respective locations are given in the [map]. The point of difficulty which gave rise to litigation was this: The Bishop farm was required, by the terms of the grant, to be one hundred and sixteen rods wide at its eastern end. But there was no room for it. The requisite width could not be got without encroaching upon either Putnam or Endicott, or both. As Endicott stood upon an earlier title than that of Bishop, and from a higher authority, and Putnam upon a later title from an inferior authority, the court of trials might have disposed of the matter, at the opening, on that ground, and Putnam been left to suffer the encroachment. But it did not so decide; and the case went on. The struggle was between Endicott to push it north, and thereby save his Orchard Farm, and the land between it and the Bishop grant, given by the town to his father, called the Governor's Plain, and Nathaniel Putnam to push it south, and thereby save the land he had received from his wife's father, Richard Hutchinson, who had purchased from Stileman. Allen stood on the defensive against both of them. The Nurses had nothing to do but to attend to their own business, carrying on their farming operations up to the limits of their deed, looking to Allen for redress, if, in the end, the dimensions of their estate should be curtailed. But, being the occupants, and, until finally ousted, the owners of the land, if there was any intrusion to be repelled, or violence to be met, or fighting to be done, they were the ones to do it. They were equal to the situation.

After various trials in the courts of law in all possible shapes, the whole subject was carried up to the General Court, where it was decided, in conformity with the report of a special commission in May, 1679, substantially in favor of Putnam and Allen. Endicott petitioned for a new hearing. Another commission was appointed; and their report was accepted in May, 1682. It was more unfavorable to Endicott than the previous one. He protested against the judgment of the court in earnest but respectful language, and petitioned for still another hearing. They again complied with his request, and appointed a day for once more examining the case; but, when the day came, Nov. 24, 1683, he was sick in bed, and the case was settled irrevocably against him.

The [map] gives the lines of the Bishop farm as finally settled by the General Court. It will be noticed, that it is laid directly across the Governor's Plain, and runs far into the Orchard Farm "up to the rocks near Endicott's dwelling-house," or, as it is otherwise stated, "within a few rods of Guppy's ditch, near to" the said house. It may be said to have been a necessity, as the original three hundred acres of the grant to Townsend Bishop had to be made up. It could not go north; for Houlton and Ingersol stood upon the Weston grant, and Hutchinson and Nathaniel Putnam stood upon Stileman's grants, to push it back. It could not go west or south-west, for there Swinnerton stood to fend off upon his grants; and there, too, was Nathaniel Putnam, upon his own grant, and lands he had purchased of another original grantee. It could not be swung round to the south without jamming up the lands of Felton and others, or pushing them over the grants, made to Robert Cole—under which Downing had purchased—and to Thomas Read. All these parties were combined to force it south-eastwardly over the grounds of Endicott. Nathaniel Putnam was his most fatal antagonist. He was a man of remarkable energy, of consummate adroitness, and untiring resources in such a transaction; and he so managed to press in the bounds of the Bishop farm, at the north-east, as to gain a valuable strip for himself. With this strong man against him, acting in combination with the rich and influential James Allen, minister of the great metropolitan First Church, and licenser of the press, who brought the whole power of his clerical and social connections in Boston and throughout the colony to bear upon the General Court, Zerubabel Endicott had no chance for justice, and no redress for wrong. In vain he invoked the memory of his father, or of Winthrop, the grandfather of his wife. His father and both the Winthrops had long before left the scene: a new generation had risen, and there was none to help him.

One would have supposed, that the General Court, which had granted the Orchard Farm to Governor Endicott, would have felt bound, in self-respect and in honor, to have protected it against any overlapping grants subsequently made by an inferior authority. Under the circumstances of the case, it was its duty to have held the Orchard Farm intact, and made it up to the satisfaction of Allen and Nurse by a grant elsewhere, or an equitable compensation in money. It owed so much to the son of Endicott and the grand-daughter of Winthrop, the first noble Fathers of the colony. Perhaps the court found its justification in the phraseology of the deed of conveyance of the Bishop farm from Governor Endicott to his son John. After reciting or referring to the original town grant to Bishop, and the deeds from Bishop to Chickering, and from Chickering to himself, the Governor conveys to his son John all the houses, &c., and every part and parcel of the land "to the utmost extent thereof, according as is expressed or included in either of the forecited deeds, or town grant." It was maintained, and justly, by Allen, that he held all that was conveyed to John Endicott, Jr. But the Court had no right to encroach upon the Orchard Farm, which had been granted to the Governor by them prior to all deeds and to the town grant to Bishop.

Never did that deep and sagacious observation on the mysteries of human nature, "Men's judgments are a parcel of their fortunes," receive a more striking or melancholy illustration than in the case of Zerubabel Endicott. With his falling fortunes, his judgment and discretion fell also; his mind, maddened by a sense of wrong, seemed bent upon exposing itself to new wrongs. Having been broken down by lawsuits, that had wasted his estate, he seemed to have acquired a blind passion for them. Having destroyed his peace and embarrassed his affairs in attempts to resist the adjudications of the Court, he persisted in struggling against them. He had tried to push the Bishop grant west, over the land of Nathaniel Putnam in that quarter. The highest tribunal had settled it against him. But he appeared to be incapable of realizing the fact. He sent his hired men to cut timber on that land. They worked there some days, felled a large number of trees, and hewed them into beams and joists for the frame of a house. One morning, returning to their work, there was no timber to be found; logs, framework, and all, were gone. They were carefully piled up a mile away, by the side of Putnam's dwelling-house, who had sent two teams, one of four oxen, the other of two oxen and a horse, with an adequate force of men, and in two loadings had cleaned out the whole. Endicott of course sued him, and of course was cast.