Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 2, Part 1

Author: Chamberlain, Mellen, 1821-1900; Watts, Jenny C. (Jenny Chamberlain); Cutter, William Richard, 1847-1918; Massachusetts Historical Society
Publication date: 1908
Publisher: Boston : Printed for the Massachusetts Historical Society
Number of Pages: 832


USA > Massachusetts > Suffolk County > Chelsea > Documentary history of Chelsea : including the Boston precincts of Winnisimmet, Rumney Marsh, and Pullen Point, 1624-1824, vol 2 > Part 1


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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79



GC 974.402 C419c v.2 1247278


GENEALOGY COLLECTION


Mary Lovering Holman


"A Ship is a Breath of Romance That Carries us Miles Away And a Book is a Ship of Fancy That can Sail on Any Day"


ALLEN COUNTY PUBLIC LIBRARY 3 1833 00085 1292


Henry W. Commingham


Jamy. 1923.


Gc 97 C4 V. 12


-


A DOCUMENTARY HISTORY


OF


CHELSEA


Committee of Publication CHARLES F. ADAMS CHARLES C. SMITH HENRY W. HAYNES


-


1


A


DOCUMENTARY HISTORY OF


CHELSEA


INCLUDING THE BOSTON PRECINCTS OF WINNISIMMET RUMNEY MARSII, AND PULLEN POINT


1624-1824


COLLECTED AND ARRANGED, WITH NOTES BY MELLEN CHAMBERLAIN


IN TWO VOLUMES VOLUME II


BOSTON PRINTED FOR THE MASSACHUSETTS HISTORICAL SOCIETY 1908


1


THE UNIVERSITY PRESS, CAMBRIDGE, U. S. A.


J


1217278 CONTENTS


PAGE


ILLUSTRATIONS .


CHAPTER XX


THIE CONTEST RENEWED


1


Appendix 1. Original Accounts .


11


Appendix 2. The Survey of the Paige Farm


15


CHAPTER XXI


ELISHIA COOKE'S LAST APPEAL


17


Appendix to Chapters XIX-XXI. Nicholas and Anna


Paige and Captain Keayne's Estate


Appendix to Chapter XXI. The Paige Farms


CHAPTER XXII


WINNISIMMET FERRY


85


CHAPTER XXIII


WINNISIMMET FERRY IN COURT


9.4


CHAPTER XXIV


WINNISIMMET FERRY : ACTS AND ORDERS .


101


Appendix. The Landing Place of Winnisimmet Ferry


in Boston


123


CHAPTER XXV


HIGHIWAYS AND TOWN WAYS AND BRIDGES


134


Appendix. Original Documents .


166


vi


CONTENTS


CHAPTER XXVI


PAGE


ECCLESIASTICAL


178


Appendix 1. Miscellaneous Memoranda 187


Appendix 2. Rev. Thomas Cheever . 192


CHAPTER XXVII


FORMATION OF A


CHURCHI, AS GIVEN BY REV. THOMAS


CHEEVER


197


CHAPTER XXVIII


REV. WILLIAM MCCLENACHAN'S PASTORATE


251


Appendix. Petition of Rev. William MeClenachan .


. 279


CHAPTER XXIX


PHILLIPS PAYSON'S PASTORATE.


283


Appendix. Votes from the Town and Selectmen's


Records, and Payson Genealogy


316


CHAPTER XXX


EDUCATION .


322


CHAPTER XXXI


MISCELLANEOUS MATTERS, 1631-1739


342


CHAPTER XXXII


WINNISIMMET, RUMNEY MARSH, AND PULLEN POINT BE- COME A TOWN WITH THE NAME OF CHELSEA . 359


1


CHAPTER XXXIII


CHELSEA AS A TOWN


374


vii


CONTENTS


CHAPTER XXXIV


PAGE


CHELSEA AS A TOWN (continued) . 378


Appendix. Counterfeit Money 386


CHAPTER XXXV .


A NEW PARISH, JURYMEN, AND TAXATION


388


CHAPTER XXXVI


POINT SHIRLEY


391


CHAPTER XXXVII


THE SMALL-POX


395


CHAPTER XXXVIII


IN THE FRENCH WARS .


407


CHAPTER XXXIX


BEACHES AND MARSIIES


412


CHAPTER XL


THE AMERICAN REVOLUTION COMING .


417


CHAPTER XLI


THE AMERICAN REVOLUTION BEGUN


425


CHAPTER XLII


REMOVAL OF LIVE STOCK FROM THE ISLANDS 432


Appendix. Extracts from Contemporaneous Records . 450


viii


CONTENTS


CHAPTER XLIII


PAGE


CHELSEA IN THE REVOLUTIONARY WAR - BUNKER HILL . 153


Appendix. Chelsea Companies in the Fight . 459


CHAPTER XLIV


CHELSEA IN THE REVOLUTIONARY WAR - MILITARY FORCES


AT CHELSEA DURING THE SIEGE OF BOSTON 463


Appendix. Original Documents 470


CHAPTER XLV


CHELSEA IN THE REVOLUTIONARY WAR - LOSSES FROM


MILITARY OCCUPATION 472


Appendix. Damages sustained by Jonathan Green .


475


CHAPTER XLVI


CHELSEA IN THE REVOLUTIONARY WAR - QUOTAS, ENLIST-


MENTS, BOUNTIES, AND PAY 479


CHAPTER XLVII


CHELSEA IN THE REVOLUTIONARY WAR - ARMS, AMMUNI-


TION, CLOTHING, AND SUPPLIES 505


CHAPTER XLVIII


CHELSEA IN THE REVOLUTIONARY WAR - ALARMS AND


SIGNALS


516


r


CHAPTER XLIX


CHELSEA IN THE REVOLUTIONARY WAR - THE SMALL-POX 525


CHAPTER L


TAXATION AND POLITICAL AFFAIRS


535


ix


CONTENTS


CHAPTER LI


PAGE


CHELSEA BRIDGE AND SALEM TURNPIKE 550


CHAPTER LII


REV. DR. TUCKERMAN'S PASTORATE 559 Appendix. Extracts from the Town Records . 573


GENERAL APPENDIX


I. Persons admitted to Full Communion, from the Church Records at Rminney Marsh 579


II. Baptisms from the Church Records at Rumney Marsh 588


III. Baptisms during Rev. Dr. Tuckerman's Pastorate 602


IV. A Registry of Deaths from October 26, 1757 .


V. Deaths during Dr. Tuckerman's Pastorate . 612


VI. A Registry of Marriages from October 26, 1757 619


VII. Intentions of Marriage 629


VITT. Deed of the School-house


633


IX. Educational Statistics 635


X. Military Statistics and other Matters 639


XI. Taxation and Miscellaneous Items 656


XII. Officers at Rumney Marsh and Chelsea . 669


XIII. Inscriptions in Rumney Marsh Burying-Ground . 691


INDEX


713


ILLUSTRATIONS


PAGE


Paige Farms


16


Chelsea Meeting-house 185


Green House 413


HISTORY OF CHELSEA


CHAPTER XX


THE CONTEST RENEWED


S IXTEEN years after the proceedings recorded in the last chapter, in 1684, Captain Nicholas Paige and Anna his wife, as heir of her grandfather, Captain Robert Keayne, commenced a suit in the County Court at Boston, against John Wiswall, Jr., tenant of lands at Romney Marsh under his father, Elder Wiswall, and Elizabeth Cooke, widow of Richard Cooke, who claimed the estates at Rumney Marsh, under the deed of 1663.1


' As proceedings outside of court, the following entries are of interest. " 28: 8: 1669. In order to an agreement made by a Comittee and the Seleet- men with Lt. Richard Cooke and Deacon John Wiswall the 26th of the 2nd. mo. 1669 about the payment of a legacie given by Capt. Robert Keayne to the towne, this day the said Cooke and Wiswall did assigne and make over to the selectmen for the townes use the one halfe of the new house in Bos- tone (next ye, old house) which was a parte of Mrs. Keayns thirds and seeured to the treasurer the payment of £148, 6s. 8d. - one halfe thereof on the 28th of March 1670 the other halfe the 25th of March 1671.


" The same day the seleetmen assigned over the said Cooks and Weswalls deed or assignment to Nicholas Page and his heires for ever the said halfe parte of the new house in consideration of £120 to be paid by him to the Treasurer for the use of the towne vizt £40 March 25th 1670. £50 March 25th 1671 and £30 March 25th 1672 all in mony seenred by said house as apeares by his obligation." Boston Town Ree., ii. 47 in Boston Rec. Com. Rep., vii. 50. [ May 27, 1667, ten days after the House of Deputies acted adversely on the petition of the overseers of Captain Keayne's will, the seleetmen appointed a committee of three " to make inquire into the thirds of Mrs Coole estate, and are hereby fully impoured to ishue all matters concerning the Townes legacye." Captain Keayne's widow became the wife of Samuel Cole, and on her death the Library in Boston was to receive one half, Har- vard College one fourth, and the granddaughter Anna, one fourth of the property in which the widow had a life interest under the Captain's will. VOL. 11 .- 1


2


HISTORY OF CHELSEA


[CHAP. XX


County Court, January 29, 1683/4


Nicholas Paige of Boston and Anna his wife daughter of Major Benjamin Keyne, dece! and Grand daughter of and sole heire unto Capt. Robert Keyne, sometime of Boston deced. Plt. conta. John Wiswall Jun". of the Township of Boston Deft. in an action of the case for entring into and deteining and refusing to . give possession of a certain ffarme at Rumney Marsh which was formerly the land of the said Robert Keyne and whereof he dyed seized, and which now is the inheritance of the said Anna, together with all other due damages.


The attachment and evidences in the case produced being read and committed to the Jury which are on file, the Jury brought in their verdict. they found for the Plt. possession of the ffarme sued for and costs of Court


The Deft. appealed from this Judgement unto the next Court of Assistants, and himselfe principal in ffive hundred pounds, mr. John Wiswall Senr. and mr. Elisha Cooke Sureties in Two hun- dred and ffifty pounds apeice stand bound in the Suines aforesd. unto the Treasuror. of the County and party concerned on condi- tion that the Deft. Jolin Wiswall Junr. shall prosecute his said Appeale to effect.2


Wiswall's appeal resulted in a reversal of the former judg- ment, as thus appears :


Att a Court of Assistants held at Boston 4th marchi 1683 [1684]. . . . John wisewall Jun plant. conta mr Nicolas & m's Anna Paige deffend's in an Action of Appeale from the Judgment of the last County Court in Boston After the Attachment Courts Judgment Reasons of Appeale & euidences in the Case produced were read Comitted to the Jury and are on file with the Records


Mrs. Cole was living in March, 1666 (Suff. Deeds, L. 5, ff. 484, 485) ; but died apparently before the overseers' petition in May, 1667, as her signa- ture was not appended to the deeds by which Samuel Cole in September and October, 1666, transferred title to property in Boston; nor is she men- tioned in his will, dated December 21, 1666. He died at Winnisimmet, where a granddaughter lived. See vol. i. pp. 246, 247, 380; Suff. Deeds, L. 5, ff. 53, 74, 91; Boston Ree. Com. Rep., x. 37.]


" 1683 Augt 2d. Giuen David Edwards an ordr vndr ye seleet mens hands to reeeaue of Elder John Wiswall & Doetr Elisha Cooke, 34ld. 4s. in mony for severall things he brought from England for ye vse of the Library, by order of Capt Brattle, & is in pte of a greate sume due from them, for Capt. Robt. Keynes legaeie to ye vse of sd Library, as apeares fol. 47." (Boston Ree. Com. Rep., vii. 162.) See also ibid., 5, 7.


2 MSS. Rec. of Suff. Co. Court, 1680-1692, p. 161.


3


THE CONTEST RENEWED


CHAP. XX]


of this Court the Jury brought in their virdiet they ffound for the plaintiff reuersion of the former Judgment & Costs of Courts i. e. seuen pounds sixteen shilling.


The defendt in open Court sajd he Attainted the Jury for error and the sajd Nicolas Paige Acknowledged himselfe bound In 20" sterling to the Treasurer of the Country & party Concerned his heires execcuto's &c on this Condition that he will prosecute this Attaint at the next Court of Assistants to effect == 3


In the "attaint of the jury," September 2, 1684, Paige was defeated, and the former verdict in behalf of Wiswall was confirmed.4


Nothing daunted by the result of the preceding suit, - probably they did not await it, - Nicholas and Anna Paige brought an action which called in question the validity of Wiswall and Cooke's title under Lane's deed of 1663. The record is this : 5


At a County Court for Suffolke, held at Boston 29th April A? 1684


Captain Nicholas Paige of Boston & Anna his wife daughter of Major Benjamin Keayne dece! & Grand daughter of & sole heir unto Capne Robert Keayne sometime of Boston deced Pit conta Elder John Wiswall of Boston & Elizabeth Cooke Relict of Lt Richard Cooke late of Boston dece! Def's in an action of the case for entring into and detaining & refuseing to give possession of a cer- tain pasture close scituate in Boston afores! containing about one aere lying by the land of m! Edward Tyng late of Boston dece! which sd pasture was sometimes the Land of the s! Capne Robert Keayne whereof hee dyed seized and which now is the right & inheritance of her the s! Anna with all due damages : The Attach- mt & evidences in the case produced being read and committed to


3 Rec. of the Court of Assistants, i. 249. [For the list of jurymen see Ibid., 245.]


4 Ibid., 255. This " attaint of the jury " requires explanation. When the losing party thought that the ease went against him by reason of miscon- duet of the jury, or by their failing to give weight to the evidence, he was at liberty to show these facts and have a new hearing. Sometimes the jury were punished for manifest misconduct. The process is no longer known, so far as I am aware; but if the verdiet is manifestly wrong, it may be set aside by the Court. Quiney, Mass. Reports, 559. [ Note a change in the law in September, 1684, the date of this trial. Mass. Col. Ree., iv. pt. i. 381; pt. ii. 508; v. 449; Ancient Charters and Laws, 147.] The bill of costs has been preserved [see infra, p. 11].


5 MSS. Ree. of Suff. Co. Court, 1680-1692, p. 177.


.


4


IHISTORY OF CHELSEA


[CHAP. XX


the Jury which are on file , The Jury brought in their Verdict for the Def's costs of Court. The P !! appealed from this Judgemt unto y: next Court of Assistants, and sd Nicholas Paige principall in Ten pounds and Ebenezar Savage and Samuel Phillips Sureties in Five pounds apeice stand bound to the Treasuror of this County & party concerned in the Sumes afores! for s! Paige his prosecu- tion of this Appeale to Effect.


Proceedings on Appeal


" The Plts Questions in Law wth a motion to the Court there- about in Six pages & Appeale from ye Courts Resolution in two - reckond all as one pap"." The above is the filing-title to a document of which the following only remains; " it relates, I suppose, to the foregoing suit.


Allegation. That whereas the Defendants produce severall papers & Records of Transactions concerning Capt. Keayns Estate between the Executrix & mr. Lane before the marriage eovenant between sd. Lane & mrs. Anna was by the Court deelared null & void. -


Ans". That what trust soever was comitted to mr. Lane either by the sd. Exeeutrix or by the Court was upon his prtending to marry the heir this demandant or upon his covenanting in mar- riage wt her but the sd. Lane never prforming the marriage eove- nant as he himselfe confessed in Court all that trust reposed in him became null & void & thereupon so deelared by the Court & all those acts reposeing trust in him made void & Capt. Keayns Estate taken out of his hands & upon his Petition he also freed from all bonds and Obligations to Capt. Keayns Relict & Exeeu- trix touching Capt Keayn's Estate. See the Nullity & Gen11. Courts Order thereupon & his Petition.


Upon all which we humbly pray the Court to determin aceord- ing to Law whether any of those papers heretofore null & deelared to be so by the Gen11. Court ought to pass to the Jury as Evidence yea or noe. Resolved in ye Negative


34. May. 1684.


Attest! Jsa : Addington Clre.


mr. Elisha Cooke appearing as Attourny to his Mother elaimd. an Appeal from ye. Judgemt. of ys. Court in their resolution of ye above written & annexed Querys, unto ye. Judgemt. of ye. Beneh at ye next Court of Assistants; which the Court granted, and himselfe & Elder John Wiswall (the other Deft.) entred bond of twenty pounds jointly and severally to the Treasuror. of this


6 Chamberlain MSS., iv. 11, 19. [A complete paper is in Suff. Early Court Files, No. 2233.]


5


THE CONTEST RENEWED


CHAP. XX]


County & pty concerned for ye. prosecution of sd. Appeale to Effect. Attest". Jsª : Addington Cire.


Allegation. That all Cap! Keayns Estate was given away by will & so nothing for the heire to inherit.


Ans. 1. That Except the Defendants can intitle themselves by some express Claws in the will, this will be no plea for them to make title to this Land.


2. That there is not any pt. of sd. Lands given to any pson or psons whatsoever in pticuler, nor so that any one could intitle [himself ] to any pt. thereof but the heir onely. -


3. If it had in express terins been said in the will that his Executor. or any other should Sell his Lands to pay his Leg- acys, yet that takes not away the descent from the heir. See Godolphin, page 372. s. 3.


Upon which we pray the Court to determin according to law whether by the will Capt. Keayn's heir is deprived from inheriting his Lands. -


Vera Copia of it's original on file


attest! Jsª : Addington CIre.


Wiswalls & Widow Cooks Allegation. That all Capt. Robert Keayns Estate was Sould for payment of debts & Legacys &c. by Articles & produces a Coppy for proofe attested a true Coppy of the Origenal Edward Rawson Secretary 7


Ans. That the sd. pretended Coppy is no proof of any such Articles, for there is no Record nor Original on file of any such thing.


That his Attestation or under writing a true Copy of the Orig- inal Edward Rawson Secretary is no more a proofe that there is any such Original or that the pretended Copy is true then if any other man had so attested who is not in Offis.


For his Oath binds him no farther then matters imediatly transaeted by the Generall Court &ª So that he is not under Oath in any other matters nor ought to give any such attestation in any thing but such matters onely as are of Record or file by order of the Generall Court or Court of Assistants so that his attestation is no proff thereof.8 See The Sceretary's Oath folio 165.


2dly. If the prtended Copy might be supposed to be true, vet it is no Evidence to a Jury but the Original it Selfe under hand & Seale must be shewed in Court & so given to the Jury who are to try whether that Justrumt. bee the Deed of the party suposed


7 [This document is in the appendix to chap. xxi, infra, p. 59.]


8 [This agreement had been authorized by a vote of the General Court, November 12, 1659, and was confirmed by the committee then appointed. Infra, pp. 58, GO.]


6


HISTORY OF CHELSEA


[CHAP. XX


or no; but whether that prtended Jnstrumt. do pass or convey the Lands according to law The Court ought to determin. Coke folio. 35. 6. 1 & 225. a & b.


Upon all which we humbly pray the Court to determin accord- ing to Law whether the sd. p"tended Copy ought to pass to the Jury as Evidence yea or noc. Resolved in ye. Negative 3d. May. 1684.


Attestr. Jsª : Addington Clre.


And whether the sd pretended Articles do pass the Lands of Capt. Keayne to mr. Lane wch. was but a ruff draught never finished nor Seald nor delivered to mr. Lane nor Signed by the demandant nor he never giveing bond to fulfill the promisses, we pray the Court to determin whether this prtended Instrumt did pass the Lands of Capt. Keayne to mr. Lane according to law yea or noe. See the Massachuset Laws. page. 32.


Vera Copia of it's Original on file Attestr. Jsa : Addington CIre."


These arguments did not prevail, as the court declared in the second case below that the papers should have been given to the jury.9


[John Wiswall & Elizabeth Cooke their Reasons of Appeale from ye Judgment or order of ye County Court held at Boston ye 29. day of Aprill last past, by which order severall coppyes of Records of Court which ye Appellants delivered into yt Court to defend their Interest in an Action comenced agt them by Mr Nichº Paigc &c were taken out of ye Case & not delivered to ye Jury


1. Because such a method is contrary to ye practise of all or Courts of Justice.


2. It depriues ye Appellants of their birth-right as English subjects to haue their Case tryed by a Jury


3. Because Jurors are ye pp Judges of Evidence.


4. It invallidates all coppyes of Court Records though attested by their prop officers & renders them & their Offices of noe credit. These Reasons Recd ye 28º John Wiswall Senor Augº 1684 ₽ Isª Addington Clr. Elizabeth Cooke]


Court of Assistants, September, 1684. mr Nicholas Paige & Anna his wife plaint Conta m" John wisewall sen & m's Elisabeth Cooke Executrix to ye late Left Richard Cooke defendt in an Aetion of Appeale from the Judgment of the last County Court


" [The argument of Cooke on this point is inserted in brackets. It is in Suff. Early Court Files, No. 2233, vol. xxvii. p. 47.]


7


THE CONTEST RENEWED


CHAP. XX]


in Boston After the Attachment Courts Judginent Reasons of Appeale & euidences in the Case produced were read Comitted to the Jury & are on file with the Reccords of this Court the Jury brought in their virdict, they found for the deffendts Confirmation of the former virdiet & Costs of Courts.


In" Jnº wisewall sen & m's Elizabeth Cooke executrix to y" late Left Rich Cooke plaintiff8 Conta Capt Nicholas Paige &c defendt In An Action of Appeale from the Judgint of the last County Court in Boston as to a non Suite = on a full hearing of both plaintiffs & deffendt The Bench doe Give Judgment for the plantiff's and doc declare that the papers in question ought to have been delivered to the former Jury: & Grants ye plaintiffs Costs of Courts.10


So far Wiswall and Cooke had defeated Nicholas and Anna Paige, but better times were at hand. The old charter was vacated late in 1684, though the government changed only with the coming of Joseph Dudley's commission as President of New England in May, 1686. Nicholas and Anna Paige quite probably thought that Elisha Cooke, a friend of the old charter, and a very astute politician, carried his case by political influ- ence. However this may have been, they brought an action in a new form, ejectione firmae,11 unknown before in the colony, and prevailed.


Sewall notices the case.12 August 5, 1686: "This day Capt. Paige hath a Judgment for Capt. Keyn's Farm: Mr. Cook Appeals."


At a Conneill held in Boston New England December 16th. 1686. . .. Mr. Elisha Cooke appearing before the Court, and being demanded if he would sign his Bonds of Appeal to his Maj'y in Councill according to a late injunction of the Court of appeals in the cases depending between himselfe and others (and Capt". Nicholas Paige & his wife) and if he had Suretyes for that pur- pose answered he could not consent to give such Bonds as were required by the Court for the same. Also Mr. John Wissell Sen".


10 Records of Court of Assistants, i. 256.


11 The declaration is in the appendix of Stearns' Real Actions. Turel rs. Dyer in Ejectione firma from two messages in Rumney Marsh, July 27, 1686. For a fuller statement of this case with much new matter and notes by the learned editor see Provincial Acts and Resolves, vii. 507-511. [See in the appendix to chap. xxi. the papers in one of these suits. ] 12 Diary, i. 146.


8


HISTORY OF CHELSEA


[CHAP. XX


Jnº. Wissell Junr. being severally asked as of Mr. Cooke aforesaid returned the same answer as Mr. Cooke had done. Also Mr. John Flood being demanded as of Mr. Cooke aforesaid answered he should do nothing.13


Monday December 20, 1686, Last Satterday, Mr. Cook not prosecuting his Appeal, Possession was given by Major Bulkly and Marshal Green, of the Farm to Capt. Paige and his wife.14


During the Andros government, when writs of intrusion were brought against the owners of estates on the ground of their reversion to the Crown after the revocation of the Charter in 1684, Colonel Paige and his wife, 21 March, 1687/8,15 petitioned for patents for two estates, one on the south side of King Street, against the Town House, Boston, and the other the Keayne farms at Rumney Marsh.16 Patents were granted, and may still exist.17


Elisha Cooke reopens the Case


For nine years Nicholas and Anna Paige, having defeated Cooke and satisfied the King, enjoyed their estates and were content ; but Cooke was not content, and sought relief in the General Court which passed a vote For granting a review, to Elisha Cooke and others of certain actions brought in the time of President Dudley, by Colonel Nicholas Paige and Ann, his wife, concerning lands in Rumney Marsh and Bos- ton, wherein judgment was entered against the Defendants, June 17, 1695.18 With this enabling aet 19 Cooke re-opened the contest which had slept for nine years. September 18, 1695, Sewall 20 records: " This day, Sept. 18, Mr. Cook enters the Lists with Col. Paige, and sues for Capt. Keyn's Farm again." This suit was by review of the judgments


13 2 Proc. Mass. Hist. Soc., xiii. 284.


14 Sewall, Diary, i. 162.


15 [The confirmation of these estates was entered on the Council Records December 19, 1687, in vol. ii. p. 157.]


MSS. Records of the Council, ii. 157.


17 The survey of the farm is given infra, p. 15.


18 [The correct date is June 17, 1696. This followed the action by re- view, and the petition of Cooke, Wiswall, et al., given below. This bill is omitted, as it is printed in Provincial Acts and Resolves, vii. 117.]


19 [This bill was not signed by the governor. Infra, p. 38.]


20 Diary, i. 413.


9


THE CONTEST RENEWED


CHAP. XX1


against him in 1686, referred to above, and given in full in the Provincial Laws as above cited. Nathaniel Thomas, Thomas Newton, and Thomas Dudley,21 counsel of Nicholas and Anna Paige, answered as follows : 22


Suffolk. ss Att an Infer' Court of pleas holden in Boston for the s' County on the first Tuesday of Octo! Anno Dom' 1695. Annoq: RRA Wilheln Angae &c vijfo -


The Plea of Coll. Nicholas Paige & Dame Anna Paige his wife to the Action brought agt them by Elisha Cook Esqr Juº Wiswall & Jnº Floyd at this Court.


The sd Nicholas Paige & Dame Anna Paige his Wife Came into Court & by Nathan" Thomas Esqr their Attorney say that the sd Elisha Cook, Jnº Wiswall & Jnº Floyd their Action of Review aforesd onght not to have & maintain agt the Defend's in this Court, for that no action of Review will Lye in this Inferr Court of pleas upon a Judgment given in the Court of appeales or Grand Assize mentioned in the plus Writt, and also for that there are several other persons mentioned in the process Record & Judgint upon wch the Writ of Review is Brought which are not mentioned in the Writt of Review nor any Legally Representing them, & this the Defend' is Ready to Averr whereupon he Craves JJudg- ment if the sd Elisha Cook Jnº Wiswall & Jnº Floyd their Action aforesd agt the Defend's ought to maintain.


And that the sd Action of Review is Nathaniel Thomas,


barred by the province Law Entituled an Thos: Newton,


Act for Establishing Courts of Judieature Tho. Dudley. &c page 11.


[Suffolk ss At an Inferiour Conrt of Pleas holden in Boston for ye said County on ye first Tuesday of October Anno Dni 1695. Annoq RRs Willielmi Angl &e Septimo.


The replicacon of Elisha Cooke Esq! John Wiswall & John floyd at this Court to the plea of Nicholas Page and Dame Anna his wife to an accon brought by them ye said Pls




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