| Notes |
- Will probated 30 Sep 1673 JACOB BARNEY of Salem, Massachusetts by William
C. Barney (Barney Newsletter #53, March 1992, pp.1-13).
All authoritative researchers have concluded that Jacob Barney of Salem,
Massachusetts Bay Colony is the Jacob referred to in the will of Edward
Barney of Bradenham, Buckinghamshire, to receive a legacy "if he be living
at the time of my death and do come over into England and personally
demand the same." He was aged 72 at his death in 1673, so he was born
about 1601. I did not find a record of his Christening in Bradenham (or
elsewhere in Buckingham or in England). However, neither are the
Christenings of Edward's two daughters, Anne Loveday and Katherine Dorvall
recorded in the Bradenham parish records, although Anne's marriage to
Francis Loveday is recorded.
Since absolutely nothing is known of Jacob Barney's early life in England,
we can only assume that he grew up in Bradenham and perhaps worked his
father's lands and lease-holds. He was married in England, whether in
Buckingham or elsewhere is not known. Among the members of the first
church of Salem in 1637 was Anne Barney, and all authorities have
concluded she was Jacob Barney's wife who must have come with him from
England along with their child Jacob Barney Jr.
The ship Lyon arrived in Salem just ahead of the main Winthrop fleet in
1630, and the Jacob Barney family may have been passengers on that ship.
There is no record of his actual emigration from England, nor of his
actual arrival in Massachusetts Bay Colony. It is said by Pope, Virkus
and others that he came from Swansea, Wales which was a major embarkation
port for the colonists. It has been theorized that he was among the
passengers on the ship Lyon which arrived in 1630. Whether or not Jacob
Barney was actually a passenger on the Lyon will probably never be known.
Although the Lyon was not officially a part of the fleet chartered by
Governor Winthrop to transport colonists to the new Bay Colony, it must
certainly have been authorized by him.
Jacob Barney Takes Freemens' Oath: The earliest record of Jacob Barney is
when he was admitted to the Massachusetts Bay Colony as a "freeman" on May
14, 1634. It is likely that he arrived some time previous to that date,
possibly in May 1630 as a passenger on the Lyon, as discussed previously.
The act of taking the Freemens' Oath, and being admitted as a freeman to
the new colony, is extremely important in our understanding of Jacob
Barney's official position and social standing. At the session of the
General Court, May 14, 1634, the first representative Court, a new
Freeman's Oath was passed which required the freemen to pledge allegiance
to the General Court and officers. At this Court several new freemen were
admitted, including Jacob Barney.
Jacob Barney a Member of the First Grand Jury: Jacob Barney was described
by his great-grandson, Daniel Barney [#39 in Preston's Genealogy of the
Barney Family in America] as "a little less than six feet tall, with dark
hair and eyes, fresh complexion, dignified in manner, a hearty well-wisher
to all men." Soon after becoming a freeman of the colony he commenced
what was to be a long and active public career. His name is prominently
mentioned in connection with the commerce of Salem, his occupation being
listed generally as yeoman or husbandman, but he was identified as a
tailor on at least one record. He was often the official surveyor of
roads and property boundaries, was charged with the enforcement of town
and church laws, was a Deacon and took an active part in church
activities.
Of greatest importance, he was also intimately involved in the judicial
activities and government of the colony. If he kept a diary it has not
been found, nor have other accounts of his personal daily life. However,
we can gain a great deal of insight about his character by examining the
record of his public service. On September 1, 1635, at the Quarterly
General Court in Boston, Jacob Barney of Salem was a member of the first
Grand Jury of North America which "presented above one hundred offenses."
Jacob Barney Judges Roger Williams: The arrival of Roger Williams marks
the beginning of a famous episode in New England history. Within five
years of his arrival, this young minister was a solitary pilgrim and
homeless fugitive from New England persecutions, seeking refuge in the
wilderness, disgraced and forbidden to return. His revolutionary ideas
were not well received by the Puritans. If the magistrates could not
punish such breaches as sabbath breaking, idolatry, false worship,
blasphemy and heresy, then civil society would surely be destroyed. And
so his stay in Boston was stormy and brief.
In the spring of 1634, when all freemen were ordered to take the Freemens'
Oath, Williams vehemently declined. The new oath lacked the phrase, "the
faith and rule which I bear to our Sovereign Lord and King," denied the
patent, made the General Court the source of civil power, and accepted the
right of magistrates to punish religious breaches. Not having taken the
Freemens' Oath he also refused to take the Resident's Oath. His
championship of the people's cause made opposition to the oaths so wide
spread that the Court saw him as an evil genius in his dissidence of
dissent. In December 1634 Williams began a year of probation, to which he
had been sentenced by the Court which met November 27th, and during which
he continued and increased his attacks on the Bay colony authorities. On
April 12, 1635 the Salem church elevated him to the position of teacher, a
severe rebuff to the Bay authorities. At the July General Court the town
of Salem was held accountable, as well as the Salem church, for "Letters
of Admonition" supporting Williams, which the Bay authorities found
offensive.
The Salem deputies, among them Jacob Barney, were dismissed from the
September Court until they could produce evidence that the freemen of
Salem did not support Williams. The Court was then adjourned to the next
Quarter General Court which was to meet at Newtown on October 6, 1635.
During the intervening month the magistrates and elders, by frequent
visits and letters to the freemen and church members of Salem, had been
able to win over a small majority of them to disclaim the offensive
"Letters of Admonition." Two active newcomers took a leading part in the
persecution: Hugh Peters and Richard Mather, both of whom played large
roles in subsequent New England history.
Whether Jacob Barney was part of the majority of Salem residents who
supported Roger Williams, and only reluctantly joined the majority of the
Salem freemen in condemning him, I could not determine. At Williams'
trial there was one dissenting vote. I assume that Jacob Barney voted
with the majority to banish Williams from the colony, although at a
similar trial eleven years later he was the only member of the Court to
oppose the sentence.
Jacob Barney's Public Career: As he was one of only a very few Salem
residents qualified to serve, Jacob Barney was selected to serve nearly
continuously, in one capacity or another, from 1635 until 1662. In
addition to being a deputy to the General Court, serving either on the
Trial Jury or Grand Jury, his public duties included surveying, setting
tax rates, and enforcing the rules of Salem town and church.
Hardly had the town records begun before the question of roads was raised.
Those freemen who received grants of land were ordered to leave room for
highways. As official surveyor, Jacob Barney laid out property lines,
marked the placement of fences, and located the proper right-of-way for
public highways, including bridges and ferries. He was also often the
arbitrator in property boundary disputes. In 1657 he represented Salem in
negotiations with the neighboring towns of Ipswich and Topsfield regarding
town boundaries.
In December 1638 he was chosen one of the Deacons of the church at Salem.
His duties to the Salem church were not separate from his duties to Salem
town, since the Salem town authorities were obligated to enforce all rules
regarding religion.
Jacob Barney Opposes General Court: The following synopsis appears in
dozens of genealogical compendia, county histories, etc.: Jacob Barney,
freeman May 14, 1634, deputy to the General Court in 1635 and 1647; he
opposed the sentence of the General Court against those who petitioned for
freer franchise, which indicates he was more liberal in theology than were
most of his contemporaries. In the lower house of delegates to the
General Court, which met May 26, 1647, it is recorded that "In Salem,
Henry Bartholomew was replaced by Jacob Barney, the only man in the May
session to oppose the condemnation of the petitioners." This episode
clearly reveals his courage, his independence, and liberality in politics,
but has little to do with theology.
A Dr. Robert Child (a person Governor Winthrop regarded as the greatest
pest of Massachusetts Bay since Anne Hutchinson was banished), and four or
five others, presented a petition to the General Court for more privi
leges. For this the Doctor and his associates were sentenced to pay fines
and to either put up a bond or go to jail until the fine was paid. Dr.
Child's question was of the Massachusetts Bay Charter -- a petition by the
non-freemen of the colony to disestablish the "Freeman" idea. The
disenfranchisement of the non-freemen had been a problem since the
beginning of the colony, and was one of Roger Williams' arguments a decade
earlier. Underneath the record of the General Court vote to sentence Dr.
Child and his associates is the following line: "Jacob Barney contradicena
to Ye sentence of Ye Courte."
Jacob Barney as a Land-Owner: As one of the freemen, stockholders in the
Massachusetts Bay Company, Jacob Barney was privileged to receive grants
of land from the corporation. This land became quite valuable over time,
and I am sure added significantly to Jacob Barney's wealth. The earliest
record I found regarding land grants is in the "Original Record, Dec. 26,
1636 - July 12, 1637," in which it is noted that Jacob Barney had
requested a grant of 60 acres. In December 1638 he was granted two
parcels of land: 50 acres "next to Goodman Leach;" and another 10-acre
parcel. On January 21, 1639/40 he was granted five acres of meadowland.
On December 28, 1650 he was granted 50 acres "next to Mr. Alford's farm,"
but he apparently did not take it. It appears, from the records, that the
majority of Jacob Barney's land was in the extreme northeastern portion of
Salem Village, in the area called Royal Side. Named after William Royal,
one of the original grantees, the name was corrupted to "Riall Side" as
early as 1638, and is called Rial Side to this day. The area is now
located in the towns of Beverly and Danvers; the location of most of Jacob
Barney's property is in Danvers. He also had at least one parcel of land
near the center of town.
Jacob Barney's land was in that part of Rial Side near the head of the
Frost Fish River where it is fed by Frost Fish Brook. On the small Frost
Fish brook is Barney's Cove. There was a landing place at the head of
Frost Fish River, on the south side of Conant Street. The road leading
down to it, called "the town highway that goeth toward ye landing place,"
was laid out two rods wide in 1671. It went through the land of Jacob
Barney Sr., from whom the town of Salem bought it, together with his
interest in the landing place.
An examination of the property sold by Jacob Barney Jr. when all the
Barneys moved to Rehoboth in 1692 reveals most or all of the land holdings
of Jacob Barney Sr., which are marked on the map. I have not done a
particular study of how his land grants compare with the grants to other
Salem
Personal Glimpses: It is a difficult task to try to paint a picture of a
man who died over 300 years ago, especially when the only sources are the
public records. Only a few personal records exist from those who knew
him, including his grandson's description of him which is found on page 6,
saying he was "dignified in manner, a hearty well-wisher to all men." We
must assume he was already relatively wealthy and well-connected when he
arrived in Salem. Else he would not have been able to purchase shares in
the corporation, which qualified him to be a freeman and to take an active
part in the affairs of the town, church, and colony. His long record of
public service indicates that he was intelligent and capable, as well as
well-connected and well-liked.
Of a more personal character is a deposition, sworn before Major William
Hawthorne, assistant to the General Court on April 18, 1672 and read to
the Court in Salem on June 25, 1672. I neglected to properly research
what the matter was about, only that it concerned Jacob Barney's daughter
Hannah, who married John Cromwell in 1656.
Jacob Barney Sr., aged about 71 years, deposed that "Mr. Philip Cromwell,
haveing declared to Mrs. Capt. George Corwin, his former wife, his desire
of a marriage betweene his son John & my daughter Hannah, I beeing told of
it by Mrs. Corwin, tooke occasion to goe to Mr. Phillip Cromwell's house
to speake with him. He and his wife tooke me into a Inner roome, wheare
he & his wife did declare to me both their willingness to have it bee, soe
wee began to speake about the waye for theire comfortable liveing. Mr.
Cromwell, haveing taken a cold in his head, his hearing was then very bad,
soe Mrs. Cromwell began to speake to me. As I turned to Mr. Cromwell,
expecting to have theire minds from him, he p'rceiving it, said that what
soever his wife doth Ingage, he would make it good. Soe amongst other
things she spake as followeth, vidz: that if they did marry, they should
live with them, if they would and take theire diett with them. If they
would not like to live with them they should live in one end of theire
house & themselves at the other end of it. If they would not like to live
soe, they should goe into the other house that was standing betweene
theire house & Thomas Crom- well's house, & there I will furnish for them
two rooms, withall necessaries soe as for theire ordinarye occasions they
shall not need to borrow anything."
Jacob Barney died at Salem on April 28, 1673 and is buried there. An
entry in the town history29, dated June 24, 1673, states: "Mr. Jacob
Barney had died recently, age 73. He became Freeman 1634, and a member of
the church here, about the same time. He had a grant of land 1636. He was
often Selectman, and Deputy to General Court. He was an intelligent
merchant. He left a wife, Elizabeth, and children, Jacob, and a daughter,
married to John Cromwell. The loss of such men as Mr. Barney is not
easily supplied."
For a discussion of Jacob Barney's will and estate, and the list of his
children, see Eugene D. Preston's Genealogy of the Barney Family in
America, pp.2-4.
At the Salem Court, 24th day, 4th month 1673, the Administration of the
estate of Jacob Barney, deceased, was granted to Elizabeth the widow and
to Jacob, son, who were to bring in an inventory to the next Ipswich
Court.
|
1601 - 1673 (72 years)
