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WENHAM TOWN RECORDS
1707-1731
Published by Wenham Historical Society 1938
WENHAM TOWN RECORDS VOLUME II
1707-1731
Published by WENHAM HISTORICAL SOCIETY 1938
THE PERKINS PRESS TOPSFIELD, MASS.
This certifies that William Moulton appeared and made Oath that the records herein coppied by him, of what has been called the Swamp book: are a true coppy So far as any coppy remains and in no case has the sense or meaning been altered.
B. C. PUTMAN,
Wenham Feb. 19th 1861
Town Clerk
The spelling and punctuation of the original has been followed in the copy. Interlined words are indicated by being inclosed between perpendicular lines.
The index contains every name found in the record and is also a general index of places and subjects.
WENHAM TOWN RECORDS 1707 - 1731
At a generall town meeting of the inhabitants and free- holders of Wenham legally warned and assembled for the choice of town officers March 4th 1707. Thomas Patch chosen moderator.
Deacon James Friend, Thomas Patch, Lieut. John Por- ter, Ensign Samuel Kimball and William Fairfield are chosen selectmen for the year ensueing.
John Berry chosen constable for the west end of the town and Thomas Edwards constable for the east end for the year ensueing. William Fairfield chosen Town Clerk for the year ensueing. Capt. Fisk was chosen Town Treasurer for the year ensueing.
For surveyors of Highways John Edwards chosen for the town and Joseph Hacker westward of the Straights for the year ensueing.
For fence viewers Joshua Wallis, Ebenezer Batchelder, and Thomas Kimball are chosen for the year ensueing.
For sealer of wheights and measures Ensign Walter Fair- field chosen.
For tithing men John Batchelder and Nathaniel Waldron are chosen for the year ensueing. For sealer of leather Tobias Trow is Chosen for the year ensueing. Upon motion made by John Coy to the town for to send men to try wether or no he had his right of land which the town grant- ed him formally in his possession or not and if he hath not to make him satisfaction and pursuant to the above request the town made choice of Ensign Fairfield, Josiah Dodge and John Gott to be a committee, fully empowered to meas- ure and make up to him in case he hath not his right in his posession allready whatsoever the town hath formally grant- ed him. William Fairfield Thomas Edwards John Berry Nathaniel Waldron John Batchelder and Ebenezer Batch- elder took the oath of office.
March 4th 1707
At a town meeting of the inhabitants and freeholder of Wenham granted to Daniel Machithin 60 poles of common land joining to the land of the late John Dodds now in the posession of his widow and allso bounding upon the brook
(3)
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WENHAM TOWN RECORDS
coming out of the land formally Thomas Hobbs and so Eastwardly of said brook for the use of the setting up of a tanners yard in the town and to be to him and his so long as they are used for that purpose and if otherwise used so that it is not profitable for the town by the use above said, it shall be still the towns and his grant to be made void. Samuel Kimball Senr decents from the grant abovesaid and Joseph Fowler allso entereth his decent from said grant to Daniel Maclaflin of the land abovesaid
Allso voted that there be a general town meeting of the inhabitants and freeholders of Wenham at the meeting house on Wenseday sevenght at twelve o'clock for the fin- ishing of the work left to do this day and any other busi- ness that may then come in to be done.
March 12th 1707-
At a legal town meeting of the inhabitants and free- holders of Wenham voted and agreed that Left. John Por- ter and William Fairfield are chosen and empowered as agents for the propritors and freeholders of the town of Wenham and in their name and stead to appear at our next inferior count of common pleas to be holden at Ipswich on the last tuesday of march currant then and there in our said court to answer to Joseph Fowler of said town of Wen- ham in a cause said Fowler has commenced against said propritors then to be tried and so to prosecute or defend our said case from court to court untill the case be ended promising to stand by confirm and maintain whatsoever our said agents shall Lawfully do or cause to be done.
Voted. that all privileges and commonages divided and allotted to our inhabitants and laying in our town in whose improvements soever shall be assessed to all public pay- ments by a just and equal proportion |at the judgment and discription| of the Selectmen or Assessors.
June 19th 1707-
Whereas we the subscribers having purchased land which was of the common land at Lords hill of the Selectmen the day above said we do acknowledge ourselves severally in- debted to the town the sums hereafter mentioned that is to say James Friend £3.12.00
John Porter 7.18.00
William Fairfield 14.10.00
James Friend John Porter William Fairfield
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WENHAM TOWN RECORDS
December 12th 1707-
At a meeting of the Selectmen for the accounting with the Constables and representatives which have been em- ployed in the towns service and then accounted with Con- stable William Rogers about all the rates committed to him the year 1706 and there is yet remaining due to the town and he allowed for mending the pound £3 8$ 8d and then allso accounted with Mr. Thomas Patch for all accounts from the begining of the world to the day of the date hereof. And all accounts are balanced and closed except this years service as a Representative as witness my hand Thomas Patch
Allso accounted with said Patch for what is due to him for his services this present year to this present day of the date hereoff the sum of £8 14s 00d and there is due to him for the year 1708 for his service on the same acpt. the sum of £10 10s 00d. Then allso accounted with Deacon Fisk for service as a Representative from the begining of his said service unto this day and there due to him on ballance of all accounts the sum of £6 00s 00d.
November 20th 1707-At a meeting of the Selectmen a town rate was made and committed to Thomas Edwards for the paying our ministers due from the town with a warrant to collect the same amounting to £28 05$ 06d.
Then allso made a list in Constable John Berrys ward for the end above mentioned which is allso committed to him to collect with a warrant requiring him thereunto amount- ing to £32 00$ 00d with a wood rate of fifteen cords 1/2
December 4th 1707- At a meeting of the Selectmen a town and county vote was made and is committed to the above said Constables in two distinct lists with warrants anexed to each of them to collect and pay in to the town and county treasurer the respective sums hereafer mentioned the town rate being to pay the Representative £7 12$ 00d.
That is to say to Constable Thomas Edwards to the town treasurer £1 10$ 00d and to the county treasurer and to Con- stable John Berry to the county treasurer £2 02$ 04ª and to town treasurer £8 11s 05ª all which rates was above men- tioned were forthwith to be collected and the account thereof isued with the treasurer at or before the next |March fol- lowing the date hereof.
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WENHAM TOWN RECORDS
At a meeting of the Selectmen December 26th 1707-
The treasurer please pay Mr. Patch towards his services as Representative the sum of £2 00s 00d by Order of the Se- lectmen
William Fairfield town clerk received of Capt. Fisk two pounds the 26th of Dec. 1707 as witness my hand Attest a true entry William Fairfield Town Clerk Thomas Patch.
June 19th 1707- Deacon James Friend Credit by money paid to Samuel Kimball just to content for his highway damage £1 028 00d and allso paid for the Selectmens ex- penses £0 01s 00₫
December 26th 1707-Received by money paid by his son John into the town treasurer by order of the propritors in full. £2 09$ 00d
Received allso of Lieut. John Porter five pounds twelve shillings and ten pence which Deacon Fisk had in satisfac- tion by agreement with the said William Fisk at Salem the 27th of June 1707 with the Selectmen for his highway and was discounted out of the price of the land he bought of the town by the committee appointed to adjust the accounts £5 12$ 10d and allso received of William Fairfield allowed by the committee for his services as an agent and money ex- pended in said service the sum of £7 8$ 4d.
December 23rd 1707 - At a meeting of the inhabitants of Wenham being duty bound to choose a commisioner and some trusted to take and make a list of the polls and rate- able estates according to the act of the general Court.
Capt. Thomas Fisk chosen moderator Lieut. John Porter chosen commissioner and for trustees Capt. Thomas Fisk William Fisk Senr and John Gott are chosen for said Ser- vice.
At a meeting of the propritors of the Common land in Wenham duly warned December 23rd 1707 - Voted that there shall be a committee chosen to agree with Tobias Trow about his damage by the settling of a highway between him and Lieut. Porter and allso to settle with Samuel Fisk Senr about his damage by the highway being laid out over his land in 1704 and Thomas Patch Senr Thomas Edwards and
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WENHAM TOWN RECORDS
Charles Gott Junr are chosen and empowered to settle and agree with the persons above said and Theophelus Rix his satisfaction shall be a bill in proportion to the said Fisks damage & shall be allowed for his satisfaction by which shall be made him, shall be in proportion as other neighbors have had.
It is allso voted that Mr. Daniel Dodge, William Rogers, Benjamin Edwards and William Fisk Senr, Thomas Kim- ball are chosen a committee fully empowered to account with and allow the said propritors agents which have been employed in their service and with those that owe money for the land they bought at Lords Hill and the balance so made up the overpluss shall be paid into the town treasurer.
Received of Mr. Thomas Edwards Constable of Wenham the sum of thirty shillings upon the account of the County rate this present March 19th 1707 £1 10$ 00d. A truc entry attest Wm. Fairfield T. clerk (pr. John Appleton county treasurer.
December 26th 1707 - At a meeting of the committee ap- pointed by the propritors the 23rd of this instant to reckon with and make a ballance with their agents about their ser- vice which they have been employed about in their conserns and allso that owe money for the land they bought by order of the town of the Selectmen at Lords Hill and there is due to Capt. Fisk for his service in Joseph Fowlers case and Zacheus Perkins his caise at Nebeingport he have pur- chased no land the sum of £1 11s 08d.
And allso we have accounted with Lieut. John Porter about his service in said Fowlers case and allso for what remains due for the purchase of two acres he bought at Lords Hill and there remains due him on Ballance £2 19$ 10d.
December 26th 1707 - and we have likewise accounted with William Fairfield both for his service in the conserns above mentioned and as allso for the four acres he bought at Lords Hill as may appear on record of the town and there is due from him| on ballance of all accounts to the sum of £7 1$ 8d.
And allso there is due to Nathaniel Waldern for his ser- vice at Boston as agent for the propritors £0 8$ 0d.
Allso accounted with Deacon James Friend for the acre which he purchased and there is remaining due to the town £2 9$ 0d.
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WENHAM TOWN RECORDS
And allso we have accounted with John Gott and there is due to him for service at Newbury Court £10 15s 08d.
And there is due allso to Joseph Herrick upon the same acpt. £0 15$ 0d.
And we the subscribers being a committee appointed for the above mentioned service have hereunto set our hands,
Daniel Dodge Benjamin Edwards Committee
William Rogers
December 26th 1707-
I have received of William Fairfield according to an order of the propritors the ballance of the account made up by the committee being seven pounds one shilling and eight pence in full I say received by me.
Thomas Fisk town treasurer
£3 16$ 4ª.
Boston January 29th 1707-
Received of Mr. Thomas White Constable of Wenham by Mr. Samuel Gerrish, three pounds sixteen shillings and four pence in full, Received for Mr. James Taylor Treas- urer, the above is a true copy as attest per Jonah Allen William Fairfield Town Clerk.
Received of Capt. Fisk Town treasurer the fifteen shill- ings above due to me to content this 25th day of January 1708 I say received by me S John Gott The £2 19$ 10d is paid that is due to Lieut. |John Porter| by William Rogers town treasurer in 1710 as in his accounts.
March 9th 1708 - Received of Constable John Berry fif- teen shillings I say received by me (Joseph Herrick) a true copy of the original recpt attest William Rogers Town Clerk.
At a legal town meeting May the 12th 1707 of the inhabi- tants of Wenham Thomas Patch chosen moderator.
Mr. Thomas Patch chosen Representative to serve the town and represent them at the general Court for the year ensueing. For grand Juror Ensign Fairfield and Deacon Wm Fisk, for jury of trials John Gott, and Joseph Batch- elder are chosen to serve at the Superior Court next.
Voted that the Selectmen shall take care that all those
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WENHAM TOWN RECORDS
persons that have not yet received satisfaction for damage in the highway being laid out over their land at the west end of the town shall be speedily satisfied in land or money. In case they shall refuse land and that land shall be sold that remains at Lords hill (to those who will give the most for it) by them where the rest received satisfaction.
May 27th 1707 - At a meeting of the freeholders and in- habitants of Wenham
Voted : that Deacon Friend Benjamin Edwards and William Rogers are chosen and empowered as a committee to account with and allow to our agents employ'd by us against Joseph Fowler at the law; what they shall so judge and allso to account with the town agents with Zacheus Perkins his case and both so made up to be presented to the Town at their next meeting.
Voted- that there shall be a meeting of the propritors and inhabitants of our town on Tuesday the 3rd day of June next ensueing at 4 o'clock in the afternoon to consider of and finish up what we left to finish this day.
May 27th 1707 - At a meeting of the inhabitants and free- holders of Wenham duely warned Ensign Fairfield chosen moderator.
Voted -that whereas we have divided our common land in our town and Sunday controversys are arising and are likely to arise to the great prejudice of our town we will make our application to the general Court for relief in our dificulty.
Voted that the cause between Joseph Fowler and propri- tors which went against us by default at the Superior court at Ipswich shall be a part of the addrefs. Allso in case of our divisions we should have ommitted the setting out of a share to every propritor that may be found to be the proper owner, we may agree and raise money equally upon every freeholder by cqual proportions as they have received in the said division and allso for money to defray our necessary charges.
June 3rd 1707 - Att a meeting of the propritors and freeholders of Wenham. being Orderly convened then made choice of Capt. Thomas Fisk Nathaniel Waldron and Wil- liam Fairfield they or any one or too of them to prefer the petition at the general Court which the propritors at their mecting May 27th day agreed to make, and then to appear and manage |the same for them.[
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WENHAM TOWN RECORDS
Know all men by these presents that whereas we the sub- scribers Ephraim Kimball and Timothy Patch both of Wen- ham have each of us a right laying in common in those divi- sions wherein we are interested
Viz: Ephraim Kimball in the seventh division at the east end of our town and Timothy Patch in the Eighth division in the great swamp being pastures together in common in said divisions we do hereby declare and make an exchange each with the other both for ourselves and our heirs for- ever : that is to say all the right belonging to said Kimball in the seventh at the east belong to said Patch. and all the right belonging to said Patch in the eighth division in the great Swamp shall belong to said Kimball and we do hereby enable each other in our Respeitive rights entered to use improve or divide with the rest of the partners in the divi- sions above exchanged as we ourselves might have done and in confirmation of what is above written we have hereunto set our hands this 24th day of December 1706 Ephraim Kimball Timothy Patch
Attest. William Fairfield town Clerk
Know all men by these presents that whereas the Town in their divisions of Common have suited and allowed us the subscribers hereof to have our share and part of those two divisions of common land allready laid out in our town to- gether in partnership and allowed us to divide and make a record in the town book of every individual share as by record may appear and having received our share of those two parcells of common land allready divided in the eighth division so called at the east end of the town and in the ninth division of the Great Swamp have agreed and divided said division as followeth -
1st to Nathaniel Waldron his share in his own right and in the right of Capt. Fisk which he purchased: set out by mutual consent the easterly part of the eighth division at the east according to the bounds allready recorded untill it cometh (next to John Coys fence) to a stake about * pole below Coys timber dam and so crossing over straight on the said lott to a steep ledge of rocks three foot to the westward of a small hemlock being a range bounds between the sev- enth and eighth lots, making all in full of his share of both divisions.
Next Zacheus Goldsmith his part in that division five
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WENHAM TOWN RECORDS
acres wanting 15 polls by measure bounded on Nathaniel Waldron east and on the seventh lott and Coys side all the land untill said measure be made up and the remainder of that lot according to the bounds thereoff to William Dodge in his own right and for an eighth purchased of said Wal- dron in which parcel of land the said Dodge hath received full satisfaction of said Nathaniel Waldron for an acre of Swamp which the town laid out to said Dodge at the east end of said division which is now made over to said Wal- dron and his heirs forever and further we the above men- tioned persons each with the other for ourselves and our heirs forever that it shall be lawfull for each or any of them to pass over each others share or part from time to time for the necessary useing of their shares as is above ex- pressed and to mend the way where the place requireth it and in the ninth division in the Swamp, first a share to William Dodge in full four acres and one half next Theo- phelus Fisks beginning at the said Fisks acre and so along towards Benjamin Fisks land untill the above measure be made up and all the rest of the lot according to the bounds made between the highway and the great meadow and the eighth lot and Deacon Fisks land doeth belong to William Fairfield in part of his proportion and in that parcel of land by pleasant pond and Ipswich line belonging to said pro- pritors and is divided first to Capt. Thomas Fisk Junr a part or share in full of all his rights in both divisions next Ipswich line seven polls wide at the pond and seven pole wide upon the highway and is bounded with a straight line and the remainder of that part of the Swamp division to Zacheus Goldsmith and William Fairfield being to the fol- lowing bounds it being eight poles in breadth the end next the pond and beloneth to said Fairfield untill it cometh to a tree marked with an F on one side and G on the other standing ten poles northwestward being squared from a small Hemlock on the Hemlock Island marked 3 with a marking Iron.
And the remainder of the land to the highway to Zacheus Goldsmiths to be in full of our proportions of the above said divisions divided and laid out by us the subscribers this 3rd day of January one thousand seven hundred and six & seven and in confirmation of the above written we have hereunto set our hands the day and year above said 1706. Thomas Fisk, Lieut. Nathaniel Waldron, Zacheus Goldsmith, | William Dodge, William Fairfield,| Attest Wil- liam Fairfield Town Clerk.
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WENHAM TOWN RECORDS
Know all men by these presents that whereas the town in their divisions of land allowed and suited us the sub- scribers in one company of commoners being suited to re- ceive our right in those divisions of common land allready laid out the one at the east end of our town and the other in the great swamp, and gave us power to divide amongst ourselves and make a record in our town book, have agreed and divided our proportion being the fifth division at the East end of the town and the sixth division in the great swamp as followeth, 1st to Mr. Daniel Dodge in the right of his deasesed farther John Perkins Daniel Killiam and Wil- liam Rogers in that right sett out to the frechold he hath, as Leut. Gotts their part and share of the fifth division at the east on the side next Capt. Wests farm being sixteen poles wide on the highway the same breadth to the creek and the remainder of the breadth on the highway to the sixth division to Thomas Patch in his own right and in the right of Charles Gott Junr.
Thomas Edward and Tobias Trow who allso have twenty three poles in breadth next the sixth division from the red Oake which is the corner bounds thereof against the Creek line to Capt. Wests farms beloneth to the above said Dodge, Kilham, Perkins, and William Rogers above named, and in confirmation of all that is above written or mentioned we who are the sole propritors of the said East division by virtue of purchase and the rest have hereunto set our hands this 23rd of December 1707
Thomas Patch Daniel Dodge his Thomas O Edwards mark
Dec. 23rd 1707-
At a meeting of the propritors duly warned in answer to Licut. Charles Gott it was voted that the propritors allow him into that right which they have reserved in the lot in the great swamp and in the lot at the east end of the town he |aquitting them from any further claim.[
Whereas the propritors of the third division of the com- mon land at the East end of our Town did refuse to divide the said division amongst themselves, the committee chosen by the town in such case have at the request of Lieut. John Porter who is three of the propritors of the eighth in that
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WENHAM TOWN RECORDS
division in his own right and Mr. Newmans and Samuel Fisks have agreed and divided said lot as followeth .-
The first lot to Lieut. Charles Gott he being received into that division upon consideration he aquit the said propritors of any further claim hath the first lot, being one eighth Raccoon Marsh next Beverly line eleven poles to a yellow oak and ten poles at the highway to a stake.
The second lot to Theofhelus Fisk nine poles at the West- erly line to a red oak and ten poles at the highway and one third over. The third lot to Mr. Gerrish nine poles wide at the Beverly line and ten poles wide at the highway.
The fourth to the right of Robert Cue deceased, upon the road ten poles to a stake. The fifth lot to Thomas White upon Beverly line nine poles to a stake and upon the road ten poles to a stake. The sixth lot to Lieut. John Porter in his own right upon the road ten poles to a stake and Beverly line nine poles to a stake. The seventh lot to said Porter in Mr. Newmans right upon Beverly line nine poles wide to a stake and upon the road ten poles and one-half to a stake.
The eighth lot is to the above Porter or his son Samuel upon the account of Samuel Fisks and laying upon the road ten poles and one half wide to a white Oak Stump which is the corner bounds of the 4th division and upon the Bev- erly line about Eleven poles wide to a stake and heap of stones adjoining to the 4th division: which division to be by us the subscribers hereof divided into eight rights as above said this 12th day of December 1707.
Thomas Fisk John Batchelder William Rogers A Committee
Whereas the propritors of the fifth division in the great Swamp who are allso propritors of the 3rd at the east could not agree to improve said lot together nor divide it among themselves, we the subscribers being a committee appointed by the town to divide amongst any disagreeing eight, have divided the said fifth division in the Swamp as followeth
This 1st of February 1707 at the request of Lieut. Porter and some others of the propritors of said division and we laid out the first eightli of that part of said division which layeth between the great meadow and the highway, to Lieut. John Porter in his own right at the meadow beginning at a
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WENHAM TOWN RECORDS
pine dividing between the 4th and 5th division 3 poles and 6 feet to a pine and at the road from a maple parting be- tween the 4 and 5th division 3 poles and 4 foot and the first eighth on the other side of the road of that division next to the 4th division being two poles and 6 foot wide at each end and the second eighth to said Porter upon Mr. Newmans account next to the meadow 3 poles and six foot and at the highway 3 poles and 4 foot and on the east side of the highway 2 poles and 6 foot wide at each end next his other and the third eighth to said Porter or his son Samuel upon the account of Samuel Fisk laying upon the west side of the highway at the meadow, 3 poles and 6 foot and at the highway 3 polls and 4 feet and on the east side of the highway 2 poles and 6 foot wide at each end west of the other.
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