USA > Massachusetts > Essex County > Salem > Town records of Salem, Massachusetts, vol 1, 1634-1659 > Part 1
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GENEALOGY COLLECTION
3 1833 01095 5661
TOWN RECORDS
OF
SALEM , MASSACHUSETTS
VOLUME I
1634-1659
974.402 La 32 t 6.1
SALEM, MASS. THE ESSEX INSTITUTE 1868
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Digitized by the Internet Archive in 2013
http://archive.org/details/townrecordsofsalv1sale
ESSEX INSTITUTE HISTORICAL COLLECTIONS.
Vol. IXX. 1868 .- Second Series, Vol. I.
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INTRODUCTION. 1271405
ONE of the principal objects of the Essex Institute, as defined in its Charter, and in its Constitution, is the COL- LECTION AND PRESERVATION OF MATERIALS FOR THE HIS- TORY OF THE COUNTY OF ESSEX. The publication of the HISTORICAL COLLECTIONS OF THE ESSEX INSTITUTE Was commenced in April, 1859, with a view to accomplish this more fully, and thus to preserve in the most durable form, and, at the same time, to render accessible to all students of our local history the valuable materials that are found in the ancient manuscript RECORDS OF COURTS, PARISHES, CHURCHES, and TOWNS in this county ; ab- stracts of WILLS, DEEDS, and JOURNALS; records or minutes of BIRTHS, MARRIAGES, DEATHS, BAPTISMS ; IN- SCRIPTIONS on tomb-stones, etc. ; GENEALOGICAL tables, and BIOGRAPHICAL notices. Selections are made by the Publication Committee from these sources, and from re- ports and papers of historical interest read at meetings of the Institute.
Eight volumes have now been issued, and it is believed ESSEX INST. HIST. COLLECTIONS, SER. 2, VOL. I. 1 Jan., 1868.
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that a very comprehensive and important collection has already been made. Much, however, remains to be done ; for hardly another locality in the country possesses so many ancient and valuable manuscript records.
With the present volume, the ninth, which will com- mence a NEW SERIES, it has been deemed advisable to adopt the more convenient octavo form. The peculiar form heretofore used is explained by the fact that the ar- ticles were at first printed in a newspaper, and then the type simply arranged in double column for the Collec- tions. This method was soon abandoned, but the form of the paging was retained. Much inconvenience, delay, and expense have been occasioned by the difficulty of pro- curing paper for such a size ; and besides this, in cases where a contributor desires to have extra copies of any communication struck off in pamphlet form, the octavo page is generally preferred. Subscribers have also com- plained of the difficulty of keeping the bound volumes in an ordinary library. For such reasons, the change has been made, and we hope it will meet the approval of our subscribers.
The Committee would here acknowledge the gratitude due to those who have so generously aided in this work, both contributors and subscribers. As the object of this publication is not so much to furnish popular reading, as to convey information to those interested in the study of the early history of this community, or in the investiga- tion of family genealogies, and to hand down to posterity that knowledge which would otherwise be lost in oblivion,
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we are obliged to rely for its support upon the public spirit of those who stand ready to assist every good work, as well as upon the few immediately interested.
The last two volumes have been printed under the superintendence of editors appointed by the Publication Committee, and this volume, in accordance with the same plan, will be edited by one of the members of the com- mittee, appointed for the purpose, who will act under the direction of the Committee.
It is a source of satisfaction to reflect that the Institute, without funds, and relying solely upon the contributions of individuals, and the encouragement of other Societies, has been able to carry on so successfully its appointed work. A Library of twenty-four thousand bound vol- umes and fifty thousand pamphlets has been gathered together. Its very valuable scientific collection will be hereafter kept at the East India Marine Hall, under the care of the Trustees of the Peabody Fund, together with the unique, and in many respects unequalled museum of the East India Marine Society, and will doubtless, when ready for inspection and study, attract general attention for extensiveness and excellence. Frequent meetings have been held both in the field and at the rooms, and many courses of lectures have been given, the result of which is that our community takes a very high rank for general diffusion of interest in matters of science and history.
THE PROCEEDINGS OF THE ESSEX INSTITUTE, published from 1848 to the present time, the HISTORICAL COLLEC-
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TIONS, the NATURALIST, and the NATURALIST'S DIRECTORY, all now printed by the Institute at its printing-office, sufficiently attest the earnestness and activity of those in- terested in the Publications heretofore. We hope that the future will prove as full of success, and that we may continue to have the support of the public.
EXPLANATION OF SIGNS, CONTRACTIONS, &C.
[ ] Brackets indicate that the words enclosed are lost or doubtful.
[* * ] Brackets and stars " 66 66 " cancelled in the original.
" interlined. = | Double parallels 66 66
, Apostrophe indicates contraction ; thus, gen'al - general.
- Dash over a word indicates contraction, thus, comon-common.
A Caret indicates an omission in the original.
ye, yt, yr, ym, yn, signify the, that or it, there or their, them, then or than. mo, mth, m, signify month.
P stands for per or par ; thus, P son - person. p ty -party.
" pro or por ; thus, p p- proper. [ tion-portion.
Previous to 1752 the legal year began on the 25th of March, which was called the first month, April the second month, May the third month, and so on, January being called the eleventh month, and Feb- ruary the twelfth. Therefore "March 12, 1636," or "1636-7," in rec- ords previous to 1752, would be in modern reckoning March 12, 1637. And so of any date between Jan. Ist and March 25th.
TOWN RECORDS OF SALEM, 1634-1659. .
COMMUNICATED BY WM. P. UPHAM.
THE earliest records of the Town of Salem now ex- tant are contained in two books, namely, the TOWN RECORDS, beginning Dec. 26, 1636, and the BOOK OF GRANTS, beginning Oct. 1, 1634. The latter is pre- served entire, as appears by the paging and from the Index which is in the handwriting of Jeffry Massey, the Clerk from 1649 to 1654. It contains transcripts from the Town Records of whatever related to land, and other important matters of a general nature. The first part of it is in the handwriting of Emanuel Downing, who came here in 1638, and was appointed by the General Court, Oct. 7, 1640, "Recorder of Deeds for Salem." An order had been passed by the town, March 30, 1640, that "Mr. Sharpe shall write the records of all the Towne Lands." The work appointed for Mr. Sharpe seems to have de- volved upon Mr. Downing. A grant was made to him Nov. 26, 1649, "in consideration of his paynes for tran- scribing the bookes of the townes records to be kept for posteritie." The water-mark of the paper of the Book of Grants, is the same as that of the portion of the Rec- ords which covers the period from 1640 to 1649, that of the preceding portion being different.
We may therefore conclude, that Emanuel Downing began the Book of Grants about 1640; and that it con- tains a copy of all the records relating to land, and other matters proper to be transcribed, that was in existence at
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that time. On the outside fly-leaf is written in the hand- writing of John Hathorne, the Clerk in 1679, "Salem Towne Booke, being ye first book of Records of Land."
The Town Records consisted originally of several small books, some of which were subsequently bound together. The first, which contained the record from which the first five leaves of the Book of Grants was transcribed, is lost. The second, which originally consisted of ten leaves, con- tained lists of grants or allotments of land, and was, in 1637, twice referred to as the "Book of Calculations." Two leaves of it have been lost, as appears by the num- bering of those still remaining, which was by the same hand as the record. The third book, which also consisted of ten leaves, contains the record kept by Ralph Fogg, . beginning Dec. 26, 1636, and is immediately followed by the record kept by John Holgrave, on the first page of which is written by him "Fourth Book 1637."
Other portions of this original Book of Records are lost, namely, from June 19, to July 12, 1637; from March 25, 1641, to July 18, 1643; and from Feb. 3, 1648, to March 8, 1655. These missing portions can, however, be partially supplied from the Book of Grants.
The interest which attaches to these ancient manuscript records is heightened when we consider how few were the "plantations" then existing in the Massachusetts Colony. In fact, they date back to the very time when towns, as such, came into existence. On the 3d of September, 1634, the General Court appointed a Committee, consist- ing of nine members, to set out the bounds of towns. At the same Court leave was granted to "the inhabitants of Salem to keepe a markett weekely, on the fourth day of ye weeke, commonly called Wednesday." On the 4th of March, 1635, and the 3d of March, 1636, special com-
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mittees were appointed to set out the bounds between Salem and the adjoining towns.
Previous to this time Salem seems to have had a sort of separate or independent government, retaining in some respects the character of a General Court, which properly belonged to it prior to the arrival of Winthrop. Its lim- its were not accurately defined, or even known. As late as May 2, 1636, the records speak of certain orders as passed "at a general Court or towne meeting of Salem." In a letter of Edward Howes to John Winthrop, jr., dated at London, March 25, 1633, he says, "There was presented to the Lords lately, about 22 of C. Indicutts * lawes." (See Mass. Hist. Coll., 3d series, vol. 9, p. 257.) It is possible that the whole subject of the juris- diction of the Salem government was thus referred to the Lords, and that our earliest records, from 1628 to 1634, under the administration of Endicott and his council, were carried to England, and may yet be discovered there.
At a General Court held March 3, 1635-6, the follow- ing order was passed, which, as it is in fact the origin of the various and important powers ever since exercised by towns, and will serve as an appropriate introduction to these records, is here given in full.
" Whereas particular towns have many things which concerne onely themselves, and the ordering of their own affairs, and disposing of business in their own town, it is therefore ordered, that the freemen of every town, or the major part of them, shall onelyt have power to dispose of their own lands, and woods, with all the privileges and appurtenances of the said towns, to grant lots, and make such orders as may concern the well ordering of their
* Captain Endicott's.
+ Alone.
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own towns, not repugnant to the laws and orders here established by the General Court; as also to lay mulcts and penalties for the breach of these orders, and to levy and distrain the same, not exceeding the sum of xxs ; also to choose their own particular officers, as constables, surveyors for the highways, and the like; and because much business is like to ensue to the constables of several towns, by reason they are to make distresses, and gather fines, therefore that every town shall have two constables, where there is need, that so their office may not be a burthen unto them, and they may attend more carefully upon the discharge of their office, for which they shalbe liable to give their accompts to this Court when they shalbe called thereunto."
The following copy of the first records of Salem is from the original. The spelling, punctuation, &c., will be strictly preserved, and passages erased or interlined in the original will be retained, and indicated by being en- closed, the former between brackets and stars, and the latter between double parallels.
The missing portion of the Book of Records from Oct. 1, 1634 to Dec. 26, 1636, is supplied from the Book of Grants.
Extract from the Book of Grants.
[The first part of the Book of Grants, from which this extract is taken, is in the handwriting of Emanuel Downing.]
The first of the 8th moneth 1634
One the 4th day seaventhnight next the Market at Salem [is to] begyn, and to continew from 9 a Clock in the morning [until] 4 of the Clock after noone.
19. of the 11th moneth 1634
After discourse about deviding of 10 acre lotts, Its or- dered that the least family shall haue 10 acres, but greater familyes may [haue ] more according to yr nombers
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12th moneth 1634
Its agreed that the townes neck of land shalbe pre- , served to feed the Catle on the Lords dayes and therefore pticular men shall n[ot] feed theire goates there at other tymes, but bring them to the h[*] that grasse may grow against the Lords dayes. Its ordered that the high way shalbe beyond the swamp on the No[rth] side of m" Johnsons Lott.
6th day of the 2ª moneth 1635.
That Lawrence Leech Richard Ingersoll & others be sure to lea [ve] roome for high wayes for Carts to bring home wood &c.
That betweene Lawrence Leach and Richard Ingersoll they doe pmise to make a suffitient Cart way.
Howse lotts graunted by the towne
To m' Townsend Bishop 2 acres ye 2ª lott from ye lanes end To Joshua Verrin 2 acres
mr Batter & br. in law 2 acres
To George Smyth 2 acres
To Michaell Sallowes
To James Smyth a smyth 2 acres
To Richard Ingersoll 2 acres
Lott next to the end of Captain Endicotts Lott, to be an high way of 4 pole broade. t
Mr Burdet, appoynt the rock to be veiwed for him
22th of the sixt moneth 1635
Its ordered that m" Burdett, shall haue a lott upon the Rock beyond m' Endicotts fence set out by the overseers.
* Hill? This may have been what was afterwards known as "Lawes' Hill," now Broad street, which was in the earliest years called "the common."
t Washington street? See Hist. Coll. Essex Inst., vol. viii, p. 253. ESSEX INST. HIST. COLLECTIONS, SER. 2, VOL. I. 2 Jan., 1868.
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Divers speaches about convenient places for shops, for w [ork ]men, as at the end of the meeting house from willm [ * '] corner fence ; And that m" Endicot, mr . Sharpe, mr [ 1] & m" Alford, should consider of some convenient place for shops yt may be wth the owners consent.
Its ordered that all the Inhabitants of this towne of Salem yt haue fearmes greater or lesse, or any quantity of land granted to them, or any ten acre lott medoes or marshes be they more or lesse in quantity, shall repaire to the men appoynted to lay out bounds & by the last of ye 3. mo : to haue all yr ten acre lotts bounded, And all other that haue fearmes, or meadoes, or marshes : by ye first of ye 9. mo : next ensueing, & all yr lands being bounded, to make such marks or bounds, either by stones or deepe holes, And that euerie mans bounds may be re- corded upon ye penaltie of xs, pvided that those depu- ted to lay out bounds be paid for yr paynes.
16. of the 9th moneth 1635
[La ]yers out of
Captaine Traske John Woodbery mr Connant
are appoynted overseers & Lay- Fers out of Lotts of ground for
[L]ands Jeffry Massy John Balshe J this presinct ofSalem, but are to haue directions from ye towne where they shall lay ym out, And in leiwe of yr paynes they are to haue 4ª the acre for small lotts, and 10s the hundred for great lotts rightly & exactly laid out and bounded ; Any 3 of these may doe the worke.
30. of the 9th moneth 1635
That m' Peters and Captaine Endicott are to haue each a 2 acre lott at ye West end of the great pen bordering vpon Captaine Traske & ffather Woodberyes lotts. That
*Lords ?
¡ Fogg?
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all such orders as the towne shall thinke meet to be pub- lished, shalbe published one the next lecture day after the towne meeting
7th of the 10th mo :
Mr Garford having ben' here before ye 2 acre lotts were limited to one acre) hath a 2 acre lott graunted to him vpon the north side of birdlesse Cove,* And his daughter mris An Turland an other 2 acre lott |both| abutting vpon Michaell Sallowes & James Smyths lotts, pvided they both build vpon them and soe be ready to sell his howse in the towne, at such a rate as yt shall stand him in or els to [refer] it to the Arbitration of tooe men, he to choose one and the tow[ne] an other
21. of the 10th moneth 1635
That m" Cole shall haue a farme of three hundreth acres in the place where his catle are by Brooksby. And Cap- taine Traske & ye rest of the Surveyors are to lay it out and bound yt according to yr discretion, ovided in Case mr Cole be disposed to pte wth yt by Sale that he make his first pro [fer] vnto the towne vpon reasonable tearmes before he offer yt vnto any other.
28th of the 10 moneth 1635
That 10 acre lotts may be graunted to any A
That Abram Warren may haue a 10 acre lott and an howse lott.
Granted vnto Robt Cole his heires and assignees three hundreth acres of land whereof fortye acr[es] is Marshe fitt to be mowed lying and being abou [t] 3 myles from Salem West ward vpon a freshe w[ater] brooke called the North brooke
* This, as well as "Burley's Cove " afterwards mentioned, was prob- ably Collins' Cove; the land granted being near Osgood's wharf.
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4th of the 11 moneth 1635
That Leiftenant Johnson shall haue a farme of 20[0] acres at Brooksby on the North side of the river " high- wayes exempted and all rivers free| and shall maynteyne high ways in yt, wth the usual pviso in Case of Sale
25th of the 11th moneth 1635
That Cap" Traske, Jnº Woodbery, mr Connant, Peter Palfrey & John Balch are to haue 5 fearmes viz. each 200 acres a peice to [a] fearme in all a thousand acres of land togeather lying and bei[ng] at the head of Basse River 124 pole in breadth and soe [to] runne northerly to the River by the great pond side, and soe [in] breadth mak- ing vp the full quantitye of a thousand acres, these lymits laid out & surveyed by vs
JOHN WOODBERY JOHN BALCH
8th of the 12th moneth 1635
This grant
That m" Burdet may haue a tenne acre lott at is void. the vpp end of Basse river
That Richard Bennet may haue a 2 acre lott
That R. Hollingworth may haue halfe an acre in the place he desires, but must take soe much from his 2 acre or howse lott else where
25th of the 11th mo : 1635
Memorandum the lymitts of a farme granted vnto mr ffrancis Johnson of 200 acres of land at Brooksby high wayes being exempted for him to mayntayne & the pviso concerning sale to ye towne observed, bounded by mr Thorndike on ye north side and the Comon on the other, the ffearme is on ye North side of the River of Brooksbee above 2 myles from Salem westerly
ROGER CONNANT JOHN BALCH
a
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25th of the 11th moneth 1635
Mdum the lymits of a fearme of ground granted to Hen- ery Herick, betweene too & three acres of ground lying on the North side of Jeffry Massyes Cove bounded by the Rock on one side & Woolistons River on the other
16th of the 12th moneth 1635
After a lardge discourse about a fearme for mr Thomas Reade & of the meetness or vnmeetnes in regard of the towne pasture, It was agreed by the maior pte that he should haue three hundreth acres of land lying and being North west Northerly from Salem lymeted and bounded out by the said Inhabitants in manner following
[Blank.] The 16th of the 12th moneth 1635
Granted by the freemen of Salem the day and yeare aboue written vnto m' John Blacklech of the same his heires and assignees for ever one fearme conteyning three hundreth acres of land scituate lying and being from Salem North East and being at long Marshe extending from a marked tree growing and being ner [e] to the East of the Marshe along the Sea Side and conteyning halfe the marshe thence Westward, and from the West end of the said Marshe conteyneth halfe of the playne ground be- twixt that & the freshe pond lying nere to the Sea Side in all conteyning as before mentioned, the quantitye of three hundreth acres of land, bounded by the said Inhabitants, pvided always that ||if | the said m" Blackleech shall at any ty [me] make sale of yt, that the towne shall haue the first pfer of yt before any other.
JOHN ENDICOTT W. TRASKE PHILLIP VERRIN TOWNSHEND BISHOP JOHN HOLGRAVE EDMOND BATTER THOMAS GARDINER
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Aº 1635
In Salem by the towne in generall the 15 of the 12th moneth, that who soe ever hath or shall cutt any trees and leave in the paths about the towne to the disturbance of Carts Catle or passengers not being removed wthin fiftene dayes shall forfeit five shillings for each such offence ;
Informers wth evidence to haue halfe of the fynes
11th of the 11th moneth 1635
This is void by Granted by the freemen of Salem [*vnto*] the grant of an other farm in Leiwe of
the day and yeare above written vnto m' Thomas Scrugs of the same his heires and this to mr Scrugs assignees for ever a farme conteyning three hundreth acres of land whereof thirty acres are fitt to be mowed scituate lying and being in the outmost bounds of Salem towards m' Humphries and is from the Sea where the freshe water runs out, West and by North is the fearme next to m' Humphryes bounded by the Comon by the North west end & East end - pvided alwayes & in Case of Sale, the towne of Salem haue the first ofer before any other.
JOHN ENDICOTT ROGER CONNUNGHT JOHN HOLGRAVE THOMAS GARDNER EDM. BATTER
11 of the 11th moneth 1635
Graunted by the ffreemen of Salem the day and yeare above written vnto m' Townsen Bishop of the same his heires and assignees for ever one fearme conteyning three hundreth acres, butting vpon m' Endicotts farme on the east, and fowre hundreth pooles in length, and six score poles in breadth, that is to say six score and fowre at the
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west end and one hundreth and sixteene at the East end, bounded by the water, betweene the fearme of the execu- tors of mr Skelton, and him at the North East corner of his farme, And hath there allowed, from mr Endicotts farme, eight acres for an high way. is bounded again at the South west Corner by the brooke, - ppvided al- wayes that in Case of Sale, the towne of Salem to haue the first proffer of yt before any other.
JOHN ENDICOTT ROGER CONANT
THOMAS GARDINER JEFFRY MASSY EDM. BATTER
By the towne representative 22th of the 12th moneth 1635
Richard Bishop having planted his earable pte of his ten acre lott, Its ordered that soe much as he leaves of his said lott to the townes vse for fire wood & elce, soe much more carable ground he may haue for his op use.
Its agreed that Hugh Laskin may haue about ten pole to the water side, by that place where the old planters do move for.
[Blank.]
By the towne representative viz. the 13 men the 28th of the first moneth 1636
Deputed
John Peach ffisherman and Nicholas Mariott having fenced about five acres of ground on Marble Neck (though contrarie to the order of the towne) yet Its agreed that they may for present improve the said place for building or planting, vided alwayes that the ppriety thereof be reserved for the right of the towne of Salem, to dispose of in cesse of tyme to them or any other ffisher men, or others as shalbe thought most meet, yet soe as that they may hauc reasonable consideracon for any chardge they shalbe at.
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Its agreed that Willm Lord is to haue a tooe acre lott as nere as may be among the 10 acre lotts, in liew of pte of his howse lott that he hath given to the meeting howse.
By the towne representative the eiteenth of the second moneth 1636
Granted vnto m' John Holgrave fisherman three quar- ters of an acre of land vpon Winter Island for flakes &c. And halfe an acre wthout Winter Island for his howse lott. Item vnto his sonne Joshua Holgrave is granted an howse lott according to the discretion of the towne whither by lott or elce.
At a generall Court or towne meeting of Salem held the second of the third moneth called May Aº 1636
Imprimis after the reading of former orders ; In the reading of an order for the division of Marble Head Neck ; A motion was brought in by Cp. Endicot in be- halfe of mr John Humphries for some land beyond fforest River, moved by spetiall argumen[ts] one whereof was, LEAST YT SHOULD HINDER THE BUILDING OF A COL- LEDGE, wch would be manie [mens] losse, It was agreed vpon this motion that six men should be nominated by the towne to view these lands and to consider of the premises, and for that end was named
m" THOMAS SCRUGS CP. TRASKE
mr ROGER CONANT m' TOWNSEN BISHOP JOHN WOODBERY PETER PALFREY
That these six or any fowre of them are deputed for this business to speake or-A
Item that Benjamin ffelton is to haue a tooe acre lott as the layers out thinke meete.
Item yt was ordered that whereas m' Scrugs had a farme of three hundred acres beyond forest River, And that
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Cp. Traske had one of tooe hundr[ed] acres beyond Basse River, The , Cp. Traske frely relinquishing his farme of tooe hundred acres, It was granted vnto mr Thomas Scrugs, and he there vpon frely relinquished his farme of three hundred acres that soe mr Humphryes might the better be accomodated.
Item m' Johnson and mr Thorndike relinquished their farmes, but the towne pmised first accomodations vnto them.
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