Rossman - Cheney

Thomas Dustin / -

Man

Name	Place of Birth	Date of Birth	Place of Death	Date of Death
Thomas Dustin	Portsmouth, Rockingham Co., New Hampshire	ABT 1652	Haverhill, Essex Co., Massachusetts	1732

Woman

Name	Place of Birth	Date of Birth	Place of Death	Date of Death
Person not exported due to privacy settings

Children

Name	Place of Birth	Date of Birth	Place of Death	Date of Death
Hannah Dustin	Haverhill, Essex Co., Massachusetts	22 AUG 1678	Haverhill, Essex Co., Massachusetts	AFT 1755
Elizabeth Dustin	Haverhill, Massachusetts	07 MAY 1680	Haverhill, Massachusetts	04 JUN 1746
Abigail Dustin	Haverhill, Massachusetts	OCT 1680	Haverhill, Massachusetts	05 MAY 1727
Mary Dustin	Haverhill, Massachusetts	04 NOV 1681	Haverhill, Massachusetts	16 OCT 1696
Thomas Dustin	Haverhill, Essex Co., Massachusetts	05 JAN 1683
Nathaniel Dustin	Haverhill, Essex Co., Massachusetts	16 MAY 1685
John Dustin	Haverhill, Massachusetts	02 FEB 1686	Haverhill, Massachusetts	28 JAN 1690
Sarah Dustin	Haverhill, Essex Co., Massachusetts	04 JUL 1688
Jonathan Dustin		15 JAN 1692
Timothy Dustin	Haverhill, Essex Co., Massachusetts	14 SEP 1694
Mehitable Dustin	Haverhill, Essex Co., Massachusetts	14 SEP 1694	Haverhill, Essex Co., Massachusetts	16 DEC 1694
Martha Dustin	Haverhill, Essex Co., Massachusetts	09 MAR 1697	Haverhill, Essex Co., Massachusetts	15 MAR 1697
Lydia Dustin	Haverhill, Essex Co., Massachusetts	04 OCT 1698

Family Events

Event Type	Date	Place	Description
Marriage	03 DEC 1677	Haverhill, Essex Co., Massachusetts

Notes


CONTINUED FROM NOTES OF THOMAS DUSTON. This made him one of the Propietors or Commoners, and he soon became prominent in their affairs. Oct. 24, 1709, he was chosen with John Whittier to get the lowest price for Mr. Rolfe's house and land in Haverhill, and, if possible, to secure it for the town "for the use of the ministry." They reported on December 5 and were authorized to make the purchase. On Jan. 5, 1710, the town raised one hundred and six pounds for the transaction. April 4, 1710, he was added to the committee appointed on March 7, to run lines and settle bounds between "particular men's land and the common land in this Town." Dec. 4, 1710, the Proprietors voted "to sell and set out" to Thomas Duston, for thirty pounds, "a parcel of land in the pine or hemlock swamp, so called, containing fifteen acres, more or less,' bounded by Simons land, the river, and the commons. "The said Duston is to find himself a way to said land." April 3, 1711, at a Commoners' (Proprietors') meeting, Thomas Duston and others requested that the "cow common be fenced in from the Pond Bridge & so by Ephraim Guile's and as far as the ruver runs by Ephraim Roberts sawmill, and so to Tho: Duston's", and permission was granted, among the gates provided being one at Thomas Duston's. He and Lieut. John Haseltine were also appointed to lay out land granted to James Ayer by the town and make return for entry in the Town Book. June 22, 1713, he was chosen on a committee to agree with some man or men "to build and finish the schoolhouses before September. By a special order, dated June 27, 1713, and signed by Col. Richard Saltonstall, Justice of the Peace for Essex County, the Proprietors were required to hold their meetings separate from the town meetings and to have a clerk to keep their records in a separate book. Since Thomas was very active in their affairs, the extracts from their records will follow the extracts from records of the town meetings. Sept. 21, 1714, payment of his claim of three shillings was allowed, and he was authorized "on the Town's cost" to secure "good white pine clapboards without sap" and "to clapboard the Parsonage house as soon as may be conveniently." Sept 18, 171, "Thomas Duston, Sen." was chosen on a committee to "esquire after" the town's old day book of grants and orders. Since the death of the Rev. Mr. Gardner on March 21, 1715, the pulpit had been supplied by various ministers, including Mr. Jonathan Cushing and Mr. Robert Stanton. A majority of the church members favored the former, while Mr. Stanton's adherents were definitely opposed to Mr. Cushing. Oct. 17, 1716, "Thomas Duston, Sen." was chosen on a committee to consider "what the town should offer Mr. Jonathan Cushing to serve as minister." They decided to offer "the same as the Rev. Mr. Gardner had" and "Thomas Duston, Sen." was on the committee to advise Mr. Cushing of the town's action and report to the town. The opposition stirred up such a commotion that a special town meeting was called on Nov. 28, 1716, to hear the committee's report, and "Thomas Duston, Sen." was placed on a committee to hear arguments against Mr. Cushing's selection. No more attempts were made to secure Mr. Cushing. As a result of the inability of the two groups to reach an agreement, on Dec. 29, 1716, "Thomas Duston, Senior" was chosen on a committee to wait on Rev. Mr. Leverett and Rev. Mr. Brattle at Cambridge, "to be advised what method next to take in order to settling a gospel minister among us." They advised the choice of Mr. Fiske, who had preached in the town several times, and on Jan. 1, 1717. Thomas Duston was chosen on a committee "to treat with Mr. Fiske if he come among us," etc. Many were opposed to Mr. Fiske, so Mr. Leverett and Mr. Brattle were again consulted. Their advice was heard on Jan. 22, 1717, and the same committee, including Thomas Duston, Sen., was appointed to invite ten ministers who had preached in the town "to keep a day of humiliation" with the town in selecting a minister, the town agreeing to accept their advice. this day was held on Feb. 6, 1717, and Rev. Mr. Parsons of Lebanon was chosen. March 5, 1717, Andrew Mitchell and Thomas Duston were chosen "to view the Town's books." they reported the next day at the adjournment that they had "attended said sevice, and find in the Books of Grants 189 leaves and said book of records hath 283 leaves in said book, and there is some leaves gone out of said book of records." May 28, 1717, it was voted 65 to 48 that Mr. Joseph Parsons of Lebanon be inited "to settle with us in this town in the work of the ministry." In spite of vigorous opposition to the stating of a salary for Mr. Parsons at this meeting, an offer of one hundred pounds a year was voted, and Thomas Duston, Deacon John White, and Deacon Haseltine were chosen a committee to acquaint Mr. parsons with the same. Thomas Duston was moderator. The dissatisfied minority immediately circultaed a petition calling for a special town metting on August 13, on which date all the acts of the May 28 meeting were revoked,. September 3, a committee was chosen to provide a minister "until the town take further care'" October 30, Ephraim Roverts, the moderator, proposed to those present "that they would signify their desires for peace and love towards one another and for the sending for a minister to preach with us, by their drawing out and moving to the east end of the meeting house. They all moved to the east end of the meeting house excepting three or four persons and thereby signigied their desire of peace." No other action was taken. Nov. 18, 1717, Joseph Peasly and Thomas Duston were chosen "to go and see the Widow Elizabeth Graly that is sick at Ephraim Roberds and make report to the town what condition she is in." November 26, the town voted to appropriate funds for her care. At this meeting it was also proposed that a new committee, made up of members from both parties, be chosen to provide the town with a minister. The new committee, but not Thomas Duston. This new committee reported in Fevruary, 1718, and Samuel Chickley was chosen "for a present supply." April 23 he was giben a call, but refused the offer on August 15. September 2, Mr. Brown of Cambridge was invited as minister for two months. October 28, he was given a call and accepted. This matter was at last settled. This meeting also approved several claims against the town, including one "To Thomas Duston for his clapboarding the Parsonage house, finding clapboards and nails to do it with in 1717, 8--01--06." March 4, 1719, Andrew Mitchell and Thomas Duston again reported upon the condition of the Town Books. As has been stated, the Proprietors, prior to 1713, did most of their business at the reqular town meetings and kept their records in the "Town Books." During this period, after he became a Proprietor, Thomas Duston was on the committee to lay out lots and "to run lines between the Town Common and particular men's lands." After 1713, he continured on the committee until 1723, and laid out a majority of the lots sold or divided by the Proprietors, the last lot laid out by him being that of Joseph Peasly on Feb. 12, 1723. After they began to meet separately, the Proprietors decided taht steps must be taken to protect the common land, for the non-Proprietors were continually trespassing theron. Therefore, on April 6, 1714, a committee of five, including Thomas Duston, was chosen to draw up a plan for preventing the "great strip of waste made on ye commons" and to prevent fencing in of any of the common lands or encroachments thereon. This committee reported in great detail on April 13; their recommendations were adopted and Col. Richard Saltonstall, homas Duston, and Ensign Richard Hazzon were empowered to enforce them and to prosecute trespassers. On Sept. 26, 1715, Thomas Duston was chosen moderator of the Proprietors' meeting, and was moderator of nearly every Proprietors' meeting after this date until jan. 15, 1722, his successor being Cornet James Pecker. He is mentioned in the records of every Proprietors' meeting between the above dates and occasionally thereafter until 1726. Previous to 1719, these references to Thomas Duston in the Proprietors' records are as a lot layer or moderator. By 1719, however, the non-commoners, who felt that they had rights in the common lands, were becoming rather incensed at what they considered the unfeeling attitude of the the Proprietors in refusing to agree to this. Consequently, at the June 25, 1719, town meeting it was voted to dismiss all committees chosen "before this day" in Haverhill. Thomas Duston was one of ten dissenters. At the May 24, 1720, town meeting, Thomas Duston and others dissented against "any vote being passed concerning any altering or disposing of the twelve rod way at the east end of Town." One June 10, 1720, the non-commoners took desperate measures. The Proprietors were refused the key of the meeting house for their meeting. They sent to the home of Samuel Smith, where it was usually kept, but were informed that "Ephraim Roberts had taken ye said key and carried it away." (He was moderator of the town meetings.) "Where-upon there was one or two messengers sent to ye Tavern to ye said Roberts to desire ye said key of him, that so ye said Proprietors might go on with their meeting at ye place appointed, which was ye usual place they use to meet in. Answer was returned that ye said Roberts refused to deliver ye said key, whereon after some considerable time waiting, it being late in ye day, ye Proprietors at ye said meeting-house door made choice of Thomas Duston for their Moderator. Who, on consideration of ye day being far spent ad that they were prevented of meeting in ye Meeting-house, did adjourn ye said meeting to Friday, ye 17th of June, instant at one of ye clock in ye afternoon at ye home of Conret James Pecker, innholder in Haverhill." On this date, Thomas Duston Richard Hazzon, and James Pecker wre chosen to prosecute trespassers on the common. March 14, 1721, the non-commoners presented at the Proprietors' meeting a claim to part of the Commons. it was voted to consider this and snsawer as soon as convenient. March 21, 1722, the Proprietors chose a committee to lay out tho cow common lands, "Mr. Samuel Danford of Billerica, ye Surveyor, Capt. Richard Kimball of Bradford and Elder Samuel Tenny of Bradford." On April 9, 1722, a committee of five, including Thomas Duston, was chosen to supervise the above committee, and on April 23, this five-man committee was authorized to lay out highways on the "Cow Comons." On June 8, 1723, the powers of Thomas Duston, Richard Hazzon, and James Pecker "in protecting the common lands against trespass", etc., and "in bringing suit in the courts", were strengthened and enlarged by the Proprietors. On Sept 2, 1723, the Proprietors chose a committee, on which was Thomas Duston, to treat with a committee of the town "about ye common lands." Evidently he was very ill during the next winter, for he made his will on April 15, 1724, and is only mentioned twice in the records of the Proprietors after that date, when on Jan. 5, 1725, Nathan Webster petitioned the Proprietors to renew the bounds to a peice of land, "the bounds not being recorded in the Town Book,.....as shall appear by ye evidence of substantial, honest men viz., Mr. Thomas Duston and Quarter-master Daniel Lad and others." and on Feb. 16, 1726, the committee appointed to renew these bounds reported that they had viewed the land, "ye bounds of which were showed us by Thomas Duston, who was anciently acquainted with ye same." Every other mention of Thomas Duston in either town or Proprietors' records is in connection with the purchase of or a grant of land. may 4, 1719, Thomas Duston petitioned the Proprietors for the purchase of "an acre or two fo common land, more or less, adjoining on the northeast side of his irchard, betwixt ye land that his son Timothy had of ye Commoners and ye Fishing River." The petition was granted at the rate of five pounds per acre, and the report of the lot laying out committee was returned July 26, 1719.May 29, 1721, Thomas Duston, Matthew Herriman, Jun., Richard and Abner Herriman proposed to buy a lot of land in the "Pine or Hemlock Swamp". One and three quarters acres less three rods at four pounds per acre was set off to Thomas Duston " if he pay 6.18.06 to Commoners' Clerk." Nov. 20, 1721, the lots in the fifth division were drawn.The Fourteenth lot, containing four hundred and fifty acres was laid out to the rights of Stephen Kent.Fourty acres went to Thomas Duston. Dec. 18, 1721, Thomas Duston petitioned the Proprietors "to sell him about six or eight acres of land" lying on "ye north or northeast of ye road that leads from William Johnson's over to Bradley's farm by Jonathan Eastman's between ye Sawmill River and Joseph Emerson's land which said Emerson now lives on." The petition was granted and the committee laid out six acresto him on Jan.29, 1722 July 12, 1722 , the committee chosen for laying out the cow commons laid out various lots of land , many times refering to "the way from the meeting house to Thomas Duston's". On this date twelve acres in the cow commons were laid out to the right of Stephen Kent " at ye desire of Thomas Duston, who claims ye same". Feb. 12, 1723, Thomas Duston and John Clements petitioned the Proprietors for the purchase of two adjoining parcels of land. May 13, the return of the committee appointed to lay out this land was accepted.Thomas Duston was sold two acres on the side of his land next to Joseph Emerson's land, three rods for a highway being left between Duston's and Emerson's land. On Feb. 12 1723, also, the committee " formerly chosen to setttle bounds betwixt any man's property and ye common lands in Haverhill are dismissed, viz. Thomas Duston, Deacon John Haseltine, and Lieut. Richard Hazzon,Deacon John Marsh, and Deacon James Ayer. May 3, 1729 the land laid out to Thomas Duston in 1723, at his request, was granted and confirmed to him, " the said Duston having already paid the Proprirtors' Treasury the full sum mentioned in said return therefor". This is the last mention of Thomas Duston in either town or Proprietor's records. All of his real estate was deeded to his sons before his death .June 10, 1717, he deeded to Nathaniel Duston, "in consideration of yt love I bear my sons", twenty acres of upland and meadow land , "bring ye one-half of my living I formerly lived on on ye West side of ye Saw Mill River and ye Easterly Part thereof." (Essex Deeds 32/57) Dec. 6, 1717, he sold to Thomas Duston, Jun., one half of the land purchased the year before in the "Pine or Hemlock Swamp." (Essex Deed, 34/165) Nov 19, 1722, he deeded to Timothy Duston, "in consideration of that Parentall Love and affection which I have and do bear towards my son Timothy Dustin ...yeoman and that he may not be in doubt or suspicion of my after alteration of mind and giving away to another what he may hope for Expect deserve and depend upon out of my estate now belonging unto me and for his Encouragement in his Labour..... my Dwelling or Mansion house and Barn and Gristmill now standing on the Fishing River in such care as they shall be in at my death", also half his homestead or house lot,containing about twelve acres,part having been purchased from William Starlin and about two acres from the Proprietors, also a parcel of land in the Pine Swamp, reserving a life interest in the entire property.(Essex Deeds, 43/107) The same day he also deeded to Timothy the six acres bought of the Proprietors on Jan. 29, 1722, reserving a life interest in the same.(Essex Deeds, 43/108) March,20,1724, he deeded to his son Jonathan Duston, "in Consideration of that Parental Love and natural affection which I have and do bear towards my beloved Son", the fifteen acre lot " whereon the said Jonathan now dwells", also fourty acres of land , "being all my right in the Fifth Division" lying in the lot laid out to Stephen Kent's rights, reserving a life interest in the same. (Essex Deeds 51/206) During the sickness in the winter of 1723-24 , Thomas wrote a letter on Jan. 19, 1724, expressing his desire to be admitted a member of the church and was received on March 1 of that year. On April 15, 1724, as has been previously stated , Thomas Duston made his will. To Hannah he left " all my stock of cattle, of all sorts both neat cattle ,horses,sheep and swine, etc. and all my household goods and Provisions of all sorts.Being all my personal estate after mt depts and Funeral charges are paid, the said goods and chattels to be hers for her own use, benefit and comfortable Maintenance and if any of it be left and not expended by her in her lifetime -I will that she shall dispose of it to amongst my daughters as she shall think best." Having provided for his sons from his real estate by deeds of former date he left also to Thomas " my Great coat,Boots,carbine, 37 pounds in money I let him have to pay for the Harriman Lot", to Nathaniel "my Drogat wastcoat and breetches, Musquet, 1Draught Chain"; to Timothy "1 Timber Chain, 1Draught Chain and plow and my part of the cart and wheals." To each of his five daughters he left sixteen shillings. The residue of the estate was left to Hannah,who was made executrix. That he was very ill at the time of making his will is shown by the fact that he made his mark while signing, for his signature to many other documents attests his ability to write. Essex County, Ipswich, Nov. 27, 1732, "Richard Hazzen swore to the will of Thomas Duston, Lately deceased" (Essex County Probate, Vol. 319, pp. 348-349) The inventory was made on Nov. 29, 1732, sworn to by Hannah on Dec.6, 1732, and accepted, Jan. 1, 1733, "the Executrix was not able to travel". It amounted to one hundred and sixty-seven pounds thirteen shillings. Hannah's will was dated Sept. 19,1733, and left to her four living daughters each one fifth of her estate and the other one fifth to the children of her deceased daughter, Abigail. Her daughters ,Hannah Cheney and Elizabeth Emerson, were named executrices. Samuel, Joseph ,and Daniel Little were her witnesses. The will was proved at Ipswich on March on March 10, 1736. (Vol.325, pp. 478-479, Essex County Probate) The inventory was filed on march 10,1738, the estate amounting to one hundred and seventy-three pounds five shillings. The fame of Hannah's exploit has, through the centuries, more or less overshadowed the work done by her husband , who not only saved his children from the Indians and furnished them with a substantial competence, but brought them up to be good citizens and neighbors like himself. He was truly, as Nathan Webster decribed him in 1725, a "substantial, honest man".

CONTINUED FROM NOTES OF THOMAS DUSTON.

This made him one of the Propietors or Commoners, and he soon became prominent in their affairs. Oct. 24, 1709, he was chosen with John Whittier to get the lowest price for Mr. Rolfe's house and land in Haverhill, and, if possible, to secure it for the town "for the use of the ministry." They reported on December 5 and were authorized to make the purchase. On Jan. 5, 1710, the town raised one hundred and six pounds for the transaction. April 4, 1710, he was added to the committee appointed on March 7, to run lines and settle bounds between "particular men's land and the common land in this Town." Dec. 4, 1710, the Proprietors voted "to sell and set out" to Thomas Duston, for thirty pounds, "a parcel of land in the pine or hemlock swamp, so called, containing fifteen acres, more or less,' bounded by Simons land, the river, and the commons. "The said Duston is to find himself a way to said land." April 3, 1711, at a Commoners' (Proprietors') meeting, Thomas Duston and others requested that the "cow common be fenced in from the Pond Bridge & so by Ephraim Guile's and as far as the ruver runs by Ephraim Roberts sawmill, and so to Tho: Duston's", and permission was granted, among the gates provided being one at Thomas Duston's. He and Lieut. John Haseltine were also appointed to lay out land granted to James Ayer by the town and make return for entry in the Town Book. June 22, 1713, he was chosen on a committee to agree with some man or men "to build and finish the schoolhouses before September. By a special order, dated June 27, 1713, and signed by Col. Richard Saltonstall, Justice of the Peace for Essex County, the Proprietors were required to hold their meetings separate from the town meetings and to have a clerk to keep their records in a separate book. Since Thomas was very active in their affairs, the extracts from their records will follow the extracts from records of the town meetings. Sept. 21, 1714, payment of his claim of three shillings was allowed, and he was authorized "on the Town's cost" to secure "good white pine clapboards without sap" and "to clapboard the Parsonage house as soon as may be conveniently." Sept 18, 171, "Thomas Duston, Sen." was chosen on a committee to "esquire after" the town's old day book of grants and orders. Since the death of the Rev. Mr. Gardner on March 21, 1715, the pulpit had been supplied by various ministers, including Mr. Jonathan Cushing and Mr. Robert Stanton. A majority of the church members favored the former, while Mr. Stanton's adherents were definitely opposed to Mr. Cushing. Oct. 17, 1716, "Thomas Duston, Sen." was chosen on a committee to consider "what the town should offer Mr. Jonathan Cushing to serve as minister." They decided to offer "the same as the Rev. Mr. Gardner had" and "Thomas Duston, Sen." was on the committee to advise Mr. Cushing of the town's action and report to the town. The opposition stirred up such a commotion that a special town meeting was called on Nov. 28, 1716, to hear the committee's report, and "Thomas Duston, Sen." was placed on a committee to hear arguments against Mr. Cushing's selection. No more attempts were made to secure Mr. Cushing. As a result of the inability of the two groups to reach an agreement, on Dec. 29, 1716, "Thomas Duston, Senior" was chosen on a committee to wait on Rev. Mr. Leverett and Rev. Mr. Brattle at Cambridge, "to be advised what method next to take in order to settling a gospel minister among us." They advised the choice of Mr. Fiske, who had preached in the town several times, and on Jan. 1, 1717. Thomas Duston was chosen on a committee "to treat with Mr. Fiske if he come among us," etc. Many were opposed to Mr. Fiske, so Mr. Leverett and Mr. Brattle were again consulted. Their advice was heard on Jan. 22, 1717, and the same committee, including Thomas Duston, Sen., was appointed to invite ten ministers who had preached in the town "to keep a day of humiliation" with the town in selecting a minister, the town agreeing to accept their advice. this day was held on Feb. 6, 1717, and Rev. Mr. Parsons of Lebanon was chosen. March 5, 1717, Andrew Mitchell and Thomas Duston were chosen "to view the Town's books." they reported the next day at the adjournment that they had "attended said sevice, and find in the Books of Grants 189 leaves and said book of records hath 283 leaves in said book, and there is some leaves gone out of said book of records." May 28, 1717, it was voted 65 to 48 that Mr. Joseph Parsons of Lebanon be inited "to settle with us in this town in the work of the ministry." In spite of vigorous opposition to the stating of a salary for Mr. Parsons at this meeting, an offer of one hundred pounds a year was voted, and Thomas Duston, Deacon John White, and Deacon Haseltine were chosen a committee to acquaint Mr. parsons with the same. Thomas Duston was moderator. The dissatisfied minority immediately circultaed a petition calling for a special town metting on August 13, on which date all the acts of the May 28 meeting were revoked,. September 3, a committee was chosen to provide a minister "until the town take further care'" October 30, Ephraim Roverts, the moderator, proposed to those present "that they would signify their desires for peace and love towards one another and for the sending for a minister to preach with us, by their drawing out and moving to the east end of the meeting house. They all moved to the east end of the meeting house excepting three or four persons and thereby signigied their desire of peace." No other action was taken. Nov. 18, 1717, Joseph Peasly and Thomas Duston were chosen "to go and see the Widow Elizabeth Graly that is sick at Ephraim Roberds and make report to the town what condition she is in." November 26, the town voted to appropriate funds for her care. At this meeting it was also proposed that a new committee, made up of members from both parties, be chosen to provide the town with a minister. The new committee, but not Thomas Duston. This new committee reported in Fevruary, 1718, and Samuel Chickley was chosen "for a present supply." April 23 he was giben a call, but refused the offer on August 15. September 2, Mr. Brown of Cambridge was invited as minister for two months. October 28, he was given a call and accepted. This matter was at last settled. This meeting also approved several claims against the town, including one "To Thomas Duston for his clapboarding the Parsonage house, finding clapboards and nails to do it with in 1717, 8--01--06." March 4, 1719, Andrew Mitchell and Thomas Duston again reported upon the condition of the Town Books. As has been stated, the Proprietors, prior to 1713, did most of their business at the reqular town meetings and kept their records in the "Town Books." During this period, after he became a Proprietor, Thomas Duston was on the committee to lay out lots and "to run lines between the Town Common and particular men's lands." After 1713, he continured on the committee until 1723, and laid out a majority of the lots sold or divided by the Proprietors, the last lot laid out by him being that of Joseph Peasly on Feb. 12, 1723. After they began to meet separately, the Proprietors decided taht steps must be taken to protect the common land, for the non-Proprietors were continually trespassing theron. Therefore, on April 6, 1714, a committee of five, including Thomas Duston, was chosen to draw up a plan for preventing the "great strip of waste made on ye commons" and to prevent fencing in of any of the common lands or encroachments thereon. This committee reported in great detail on April 13; their recommendations were adopted and Col. Richard Saltonstall, homas Duston, and Ensign Richard Hazzon were empowered to enforce them and to prosecute trespassers. On Sept. 26, 1715, Thomas Duston was chosen moderator of the Proprietors' meeting, and was moderator of nearly every Proprietors' meeting after this date until jan. 15, 1722, his successor being Cornet James Pecker. He is mentioned in the records of every Proprietors' meeting between the above dates and occasionally thereafter until 1726. Previous to 1719, these references to Thomas Duston in the Proprietors' records are as a lot layer or moderator. By 1719, however, the non-commoners, who felt that they had rights in the common lands, were becoming rather incensed at what they considered the unfeeling attitude of the the Proprietors in refusing to agree to this. Consequently, at the June 25, 1719, town meeting it was voted to dismiss all committees chosen "before this day" in Haverhill. Thomas Duston was one of ten dissenters. At the May 24, 1720, town meeting, Thomas Duston and others dissented against "any vote being passed concerning any altering or disposing of the twelve rod way at the east end of Town." One June 10, 1720, the non-commoners took desperate measures. The Proprietors were refused the key of the meeting house for their meeting. They sent to the home of Samuel Smith, where it was usually kept, but were informed that "Ephraim Roberts had taken ye said key and carried it away." (He was moderator of the town meetings.) "Where-upon there was one or two messengers sent to ye Tavern to ye said Roberts to desire ye said key of him, that so ye said Proprietors might go on with their meeting at ye place appointed, which was ye usual place they use to meet in. Answer was returned that ye said Roberts refused to deliver ye said key, whereon after some considerable time waiting, it being late in ye day, ye Proprietors at ye said meeting-house door made choice of Thomas Duston for their Moderator. Who, on consideration of ye day being far spent ad that they were prevented of meeting in ye Meeting-house, did adjourn ye said meeting to Friday, ye 17th of June, instant at one of ye clock in ye afternoon at ye home of Conret James Pecker, innholder in Haverhill." On this date, Thomas Duston Richard Hazzon, and James Pecker wre chosen to prosecute trespassers on the common. March 14, 1721, the non-commoners presented at the Proprietors' meeting a claim to part of the Commons. it was voted to consider this and snsawer as soon as convenient. March 21, 1722, the Proprietors chose a committee to lay out tho cow common lands, "Mr. Samuel Danford of Billerica, ye Surveyor, Capt. Richard Kimball of Bradford and Elder Samuel Tenny of Bradford." On April 9, 1722, a committee of five, including Thomas Duston, was chosen to supervise the above committee, and on April 23, this five-man committee was authorized to lay out highways on the "Cow Comons." On June 8, 1723, the powers of Thomas Duston, Richard Hazzon, and James Pecker "in protecting the common lands against trespass", etc., and "in bringing suit in the courts", were strengthened and enlarged by the Proprietors. On Sept 2, 1723, the Proprietors chose a committee, on which was Thomas Duston, to treat with a committee of the town "about ye common lands." Evidently he was very ill during the next winter, for he made his will on April 15, 1724, and is only mentioned twice in the records of the Proprietors after that date, when on Jan. 5, 1725, Nathan Webster petitioned the Proprietors to renew the bounds to a peice of land, "the bounds not being recorded in the Town Book,.....as shall appear by ye evidence of substantial, honest men viz., Mr. Thomas Duston and Quarter-master Daniel Lad and others." and on Feb. 16, 1726, the committee appointed to renew these bounds reported that they had viewed the land, "ye bounds of which were showed us by Thomas Duston, who was anciently acquainted with ye same." Every other mention of Thomas Duston in either town or Proprietors' records is in connection with the purchase of or a grant of land. may 4, 1719, Thomas Duston petitioned the Proprietors for the purchase of "an acre or two fo common land, more or less, adjoining on the northeast side of his irchard, betwixt ye land that his son Timothy had of ye Commoners and ye Fishing River." The petition was granted at the rate of five pounds per acre, and the report of the lot laying out committee was returned July 26, 1719.May 29, 1721, Thomas Duston, Matthew Herriman, Jun., Richard and Abner Herriman proposed to buy a lot of land in the "Pine or Hemlock Swamp". One and three quarters acres less three rods at four pounds per acre was set off to Thomas Duston " if he pay 6.18.06 to Commoners' Clerk." Nov. 20, 1721, the lots in the fifth division were drawn.The Fourteenth lot, containing four hundred and fifty acres was laid out to the rights of Stephen Kent.Fourty acres went to Thomas Duston.
Dec. 18, 1721, Thomas Duston petitioned the Proprietors "to sell him about six or eight acres of land" lying on "ye north or northeast of ye road that leads from William Johnson's over to Bradley's farm by Jonathan Eastman's between ye Sawmill River and Joseph Emerson's land which said Emerson now lives on." The petition was granted and the committee laid out six acresto him on Jan.29, 1722
July 12, 1722 , the committee chosen for laying out the cow commons laid out various lots of land , many times refering to "the way from the meeting house to Thomas Duston's". On this date twelve acres in the cow commons were laid out to the right of Stephen Kent " at ye desire of Thomas Duston, who claims ye same".
Feb. 12, 1723, Thomas Duston and John Clements petitioned the Proprietors for the purchase of two adjoining parcels of land. May 13, the return of the committee appointed to lay out this land was accepted.Thomas Duston was sold two acres on the side of his land next to Joseph Emerson's land, three rods for a highway being left between Duston's and Emerson's land.
On Feb. 12 1723, also, the committee " formerly chosen to setttle bounds betwixt any man's property and ye common lands in Haverhill are dismissed, viz. Thomas Duston, Deacon John Haseltine, and Lieut. Richard Hazzon,Deacon John Marsh, and Deacon James Ayer.
May 3, 1729 the land laid out to Thomas Duston in 1723, at his request, was granted and confirmed to him, " the said Duston having already paid the Proprirtors' Treasury the full sum mentioned in said return therefor". This is the last mention of Thomas Duston in either town or Proprietor's records.
All of his real estate was deeded to his sons before his death .June 10, 1717, he deeded to Nathaniel Duston, "in consideration of yt love I bear my sons", twenty acres of upland and meadow land , "bring ye one-half of my living I formerly lived on on ye West side of ye Saw Mill River and ye Easterly Part thereof." (Essex Deeds 32/57)
Dec. 6, 1717, he sold to Thomas Duston, Jun., one half of the land purchased the year before in the "Pine or Hemlock Swamp." (Essex Deed, 34/165)
Nov 19, 1722, he deeded to Timothy Duston, "in consideration of that Parentall Love and affection which I have and do bear towards my son Timothy Dustin ...yeoman and that he may not be in doubt or suspicion of my after alteration of mind and giving away to another what he may hope for Expect deserve and depend upon out of my estate now belonging unto me and for his Encouragement in his Labour..... my Dwelling or Mansion house and Barn and Gristmill now standing on the Fishing River in such care as they shall be in at my death", also half his homestead or house lot,containing about twelve acres,part having been purchased from William Starlin and about two acres from the Proprietors, also a parcel of land in the Pine Swamp, reserving a life interest in the entire property.(Essex Deeds, 43/107)
The same day he also deeded to Timothy the six acres bought of the Proprietors on Jan. 29, 1722, reserving a life interest in the same.(Essex Deeds, 43/108)
March,20,1724, he deeded to his son Jonathan Duston, "in Consideration of that Parental Love and natural affection which I have and do bear towards my beloved Son", the fifteen acre lot " whereon the said Jonathan now dwells", also fourty acres of land , "being all my right in the Fifth Division" lying in the lot laid out to Stephen Kent's rights, reserving a life interest in the same. (Essex Deeds 51/206)
During the sickness in the winter of 1723-24 , Thomas wrote a letter on Jan. 19, 1724, expressing his desire to be admitted a member of the church and was received on March 1 of that year.
On April 15, 1724, as has been previously stated , Thomas Duston made his will. To Hannah he left " all my stock of cattle, of all sorts both neat cattle ,horses,sheep and swine, etc. and all my household goods and Provisions of all sorts.Being all my personal estate after mt depts and Funeral charges are paid, the said goods and chattels to be hers for her own use, benefit and comfortable Maintenance and if any of it be left and not expended by her in her lifetime -I will that she shall dispose of it to amongst my daughters as she shall think best." Having provided for his sons from his real estate by deeds of former date he left also to Thomas " my Great coat,Boots,carbine, 37 pounds in money I let him have to pay for the Harriman Lot", to Nathaniel "my Drogat wastcoat and breetches, Musquet, 1Draught Chain"; to Timothy "1 Timber Chain, 1Draught Chain and plow and my part of the cart and wheals." To each of his five daughters he left sixteen shillings. The residue of the estate was left to Hannah,who was made executrix.
That he was very ill at the time of making his will is shown by the fact that he made his mark while signing, for his signature to many other documents attests his ability to write.
Essex County, Ipswich, Nov. 27, 1732, "Richard Hazzen swore to the will of Thomas Duston, Lately deceased" (Essex County Probate, Vol. 319, pp. 348-349)
The inventory was made on Nov. 29, 1732, sworn to by Hannah on Dec.6, 1732, and accepted, Jan. 1, 1733, "the Executrix was not able to travel". It amounted to one hundred and sixty-seven pounds thirteen shillings.
Hannah's will was dated Sept. 19,1733, and left to her four living daughters each one fifth of her estate and the other one fifth to the children of her deceased daughter, Abigail. Her daughters ,Hannah Cheney and Elizabeth Emerson, were named executrices. Samuel, Joseph ,and Daniel Little were her witnesses.
The will was proved at Ipswich on March on March 10, 1736. (Vol.325, pp. 478-479, Essex County Probate) The inventory was filed on march 10,1738, the estate amounting to one hundred and seventy-three pounds five shillings.
The fame of Hannah's exploit has, through the centuries, more or less overshadowed the work done by her husband , who not only saved his children from the Indians and furnished them with a substantial competence, but brought them up to be good citizens and neighbors like himself. He was truly, as Nathan Webster decribed him in 1725, a "substantial, honest man".

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