Copy of the old records of the town of Duxbury, Mas. From 1642 to 1770 [land records and town meetings], Part 9

Author: Duxbury (Mass.); Ethridge, George
Publication date: 1893
Publisher: Plymouth, Avery & Doten, Book and Job Printers
Number of Pages: 364


USA > Massachusetts > Plymouth County > Duxbury > Copy of the old records of the town of Duxbury, Mas. From 1642 to 1770 [land records and town meetings] > Part 9


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Our mutual agreement is, that all that part of the said ninth lot that lyeth to the Westward of the above said bounds and line, shall be the said Aaron Soule's, and belong and appertain to him. his heirs and assigns forever, and to his and their only proper use, benefit and beloof forever, with all and singu- lar. the profits, privileges and appurtenances there unto belonging, and that all that other part of the said Ninth lot which till now hath been owned by us in equal proportion, and lyeth on the Easterly of the above said Bounds and line, shall be the said James Thomas's. and belong and appertain to him, his heirs and assigns, forever, and to his and their only proper use, benefit and behoof forever, with all and singular, the profits, privileges and appurtenances


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DUXBURY RECORDS.


there unto belonging. James Thomas having the other fifth share of said lot lying on the Eastward corner thereof. Now the above said division of the above said four shares in the above said Ninth lot of salt meadow. thus made. We the said Aaron Soule and James Thomas, do mutually agree, shall stand and remain, as a full settlement and division of the above said four shares in the said Ninth lot in said salt meadow for us. our heirs and assigns forever. In witness whereof we have here unto set our hands and seals the seventeenth day of April in the year of our Lord One thousand Seven hundred and twenty two ..


AARON SOULE. (>)


JAMES THOMAS. (s)


Witness


MARY THOMAS. HANNAH THOMAS.


1722. July 23. Vol. a. Page 105.


A mutual agreement between Joseph Soule John Simons and Joseph Simons. all of Duxborrough in the County of Plymouth in the province of Massa- chusetts Bay in New England, yeoman, is as followeth. viz


We the said Joseph Soule John Simons and Joseph Simons. being owners and proprietors of the fourteenth lot in the salt meadows in the second division of the Commons which belonged to the towns of Duxborrough and Pembroke in the County above said, viz, the said Joseph Soule being owner of three fifths parts. or shares, thereof. and the said Jolin Simons and Joseph Simons being owners of one fifth part. or share thereof each of them, said lot lyeth in the township of Duxborrough above said, and was laid out Anno Domini 1712, and as yet hath laid undivided among them. therefore they. to wit, the said JJoseph Soule. John Simons and Joseph Simons, that each of them might know his own respective part or proportion therein, have agreeded


123


DUXBURY RECORDS.


upon a division thereof as followeth, viz. that the said Joseph Soule shall have for his said three fifths shares. these three parcels next mentioned. 1st all that part of said lot which lyeth upon little wood neck. guly all that little sedge flat (being part of said lot) that lyeth on the Easterly side of Great Wood Neck. 3dly that part of said lot that is adja- cent to the Northierly end of the 15th lot in the said salt meadows. and begineth at a stake standing in the line of the said 15th lot. on the westerly side of Great Wood Neck. and thence running up little Wood Island river as said river goeth. until it comes to Elnathan's River. to a stake standing near said river. and thence running South East and by East three degrees Easterly. to a stake upon the Easterly side of great wood neck. and thence on the same course into the river. and so down stream as the river goeth till it comes to a stake between two branches of a creek. thence to the stake first men- tioned. and that the said Joseph Simons shall have for his said share in said fourteenth lot, this parcel bounded as followeth. viz. Begining at the stake at the North west end of the last mentioned part of said meadow laid to the said JJoseph Soule, standing by Elnathans river, and thence running up stream as the river goeth. till it comes to a guzzle. and bounded by that guzzle till it comes to a stake at the head thereof. and thence East South East to a stake, and thence, the same course. into the river. and so by said river down stream. to Joseph Soule's last mentioned piece of meadow, and that the said John Simons shall have for his said share in the said four- teenth lot. all that part thereof that is not compre- hended within the said Joseph Soule and Joseph Simons's parts thereof. bounded and described as above. Now the above said division of said four- teenth lot in the said salt meadows. thus made We the said Joseph Soule. John Simons and Joseph Simons. do mutually agree shall stand and remain as a firm and full settlement and division of the


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DUXBURY RECORDS.


above said fourteenth lot in the said salt meadows, for us, our heirs and assignes, forever, and that each one shall have and hold his own respective part of parts therein as is above expressed, with all and singular. the profits, privileges and appurtenances there to belonging to each of them, their heirs and assignes forever.


In witness whereof we have here unto set our hands and seals the twenty third day of July in the year of Our Lord God, One thousand Seven hundred and twenty two. 1722.


JOSEPH SOULE. (s)


JOSEPH SIMONS. (s)


JOHN SIMMONS. (s)


Signed Sealed and delivered in presence of


JOSIAH DELANOE.


CORNELIU'S SOULE.


An agreement between Christopher Wadsworth of the one part, and Grace Sprague, widdow, relict of William Sprague, late of Duxborrough, dec. of the other part, both of Duxborrough in the County of Plymouth, in the province of Massachusetts Bay in New England, is as followeth -


Where as we the said Christopher Wadsworth, and Grace Sprague, are at present in possession of the tenth lot in number, in the upland which belonged to the second division of the Commons which belonged to the towns of Duxburrough and Pem- brook. in the County above said, and we being equally interested in said lot which till this time hath been in partnership and undivided between us. We therefor, that each one might know their own respec- tive proportion in the said lot, have agreed on an equal division thereof as followeth, viz


We began at a stake and stones, in the line of the said tenth lot, viz. the line on the Southerly side of said lot, about the middle of the said line, and said stake standeth about three rods and a half to the Westward of a red oak tree marked, which is the North corner bounds of the Ninth lot in the said


1723. Nov 30. Vol. a. Page 79.


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DUXBURY RECORDS.


division of upland. and standeth on the West side of North Hill way, and thence we run North Sixteen degrees Easterly, by a range of marked saplings. to a stake and stones standing in the range of the land of Benjamin Chanler.


Now our agreement is, that all that part of said tenth lot which lyeth to the Westward of the above said range of marked saplings. which run North sixteen degrees Eastward from the first mentioned stake and stones, to the last mentioned stake and stones, with all and singular. the profits, privileges, and appurtenances thereto belonging. shall be the proper part of the said Christopher Wadsworth, to belong and appertain to the only proper use. benefit and behoof of him the said Christopher Wadsworth, his heirs and assigns forever, and that all that part of said tenth lot. which lyeth on the Easterly of the above range of marked saplings which run North sixteen degrees Easterly. from the first mentioned stake and stones, to the last mentioned stake and stones, with all and singular, the profits privileges and appurtenances there to belonging. shall be the proper part of the said Grace Sprague, to belong and appertain to the only proper use, benefit and behoof of her the said Grace Sprague her heirs and assigns forever. Now the above said agreement and division thus made. We the said Christopher Wadsworth and Grace Sprague, do mutually agree shall be, stand and remain as a firm and full settle- ment and division of the above said tenth lot of land, for us our heirs and assigns, forever.


In witness where of we have here unto set our hand and seals the thirtieth day of November in the year of our Lord God. One thousand Seven hundred and twenty three, 1723.


CHRISTOPHER X WADSWORTH. (s)


his mark


GRACE X SPRAGUE. (s)


her mark


Signed Sealed and delivered in presence of


JACOB THOMSON. WILLIAM BREWSTER.


126


DUXBURY RECORDS.


Articles of agreement between John Partridge of Dusborough, in the County of Plymouth. in the Province of Massachusetts Bay in New England. yeoman. of the one part, and Benjamin Alden of said Duxborrough, yeoman. of the other part. are as followeth viz. Where as. we, the said JJohn Partridge and Benjamin Alden. are owners and pro- prietors of a certain tract or parcel of swampy land lying within the township of Dusborrough above said. on both sides of the South river, so called, said track of swampy land begineth at a place called Otter rock. and thence runneth down stream to the dam of the saw mill now standing on South river, and we being owners in equal proportion of said swampy land, which till this time hath remained in partnership and undivided between us. have agreed upon a division of part thereof, that each one might know his own respective proportion therein. and we divided all the swampy land from said Otter rock down stream to the Northerly side of said Alden's land, which lyeth on the Easterly side of the said South river, into two parts, as followeth viz We


began at the Westerly end of the line or partition fence which parts the farms whereon we the said John Partridge and Benjamin Alden now dwell. and thence we run a West line across the said swampy land. and South river, to a stake and stones, stand- ing on the Westerly side of the said swampy land. that is, on the Westerly side of the said South river. Now our agreement is, the said John Partridge having paid to the said Benjamin Alden. the sum of Three pounds in money, that all that part of the said swampy land on both sides of the said river up stream from said West line to said Otter rock, with all and singular. the profits. privileges, commodities, Hereditaments and appurtenanees there to belonging. shall belong unto. and be the proper part of the said John Partridge. to belong and appertain to the only proper use. benefit and behoof of him the said John Partridge, his heirs and assigns, forever, and that


1723-24. Jany 16. Vol a. Page 117.


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DUXBURY RECORDS.


all that part of said swampy land on both sides of said river, from said West line down stream to the North westerly corner of the twenty three acres of land belonging to said Benjamin Alden, which is part of the 54th lot in the upland in Second division of the Commons which belonged to the towns of Duxborrough and Pembrook in the County above said, and running from said corner due West, across said swampy land and South river. with all and singular, the profits. privileges, commodities, hered- itaments and appurtenances there to belonging, shall belong unto, and be the proper part of the said Benjamin Alden, to belong and appertain to the only proper use, benefit, and beloof of him the said Benjamin Alden, his heirs and assignes forever.


Now the above said agreement and division thus made, we the said John Partridge and Benjm Alden, do mutually agree shall be, stand and remain as a full and firm settlement and division of the above said swampy land. viz, from Otter roek down the stream to said Northwesterly side of the said Alden's land as above said, for us. our heirs and assigns. forever, and shall be recorded in the records of the said Town of Duxborrough. In witness where of we have here unto set our hands and seals the Sixteenth day of January in the year of our Lord God. One thousand Seven hundred and twenty three or four.


JOIN PARTRIDGE. (s)


BENJAMIN ALDEN. (s)


Signed, Sealed and delivered in presence of


JOIN ALDEN. JOHN WADSWORTHI.


1723-24. Mar 23. Vol. a. Page 182.


Articles of agreement between Abraham Samson Senor of Duxborrough, in the County of Plymouth, in the Province of Massachusetts Bay, in New Eng- land, yeoman, of the one part, and Christopher Wadsworth of said Duxborrough, yeoman, of the


128


DUXBURY RECORDS.


other part, are as follows, viz. Whereas we the said Abraham Sampson and Christopher Wadsworth, are owners and proprietors in equal proportion of two certain lots of land, lying and being within the township of said Duxborrough, said lots are the forty fifth, and hundred and forth sixth lots in non- ber, in the upland belonging to the second division of the Commons which belonged to the towns of Duxborrough and Pembrook, in the County above said, and were laid ont Anno Domini 1713, and said lots till this time have been in partnership and undi vided between us. We therefore. that each one might know his own respective proportion in the said lots, have agreed upon a division thereof, as followeth viz


The said Christopher Wadsworth having paid to the said Abraham Samson three pounds five shillings in money. on the which consideration, our agreement is, that the whole of the said 146 lot, and Eight acres and a half of the said 45 lot, being all that part of the said 45 lot which lyeth on the Westerly side of the South river, with all and singular, the profits, privileges, hereditaments, commodities and appurtenances, there unto belonging, shall belong muito. and be the proper part of the said Christopher Wadsworth, to belong, and appertain to the only proper use, benefit and behoof of him the said Christopher Wadsworth, his heirs, executors, admin- istrators and assigns, forever, and that all that part of the said 45th lot which lyeth on the Easterly side of the South river, being twenty nine acres and a half, should belong unto, and be the proper part of the said Abraham Samson, to belong and appertain to the only proper use, benefit and behoof of him, the said Abraham Samson, his heirs, executors, administrators and assigns, forever, with all. and singular, the profits. privileges, commodities, hered- itaments and appurtenances there unto belonging.


Now the above said agreement and division thus made. we the said Abraham Samson and Christopher


DUXBURY RECORDS. 129


Wadsworth, do mutually agree, shall be, stand and remain as a firm and full settlement and division of the two above said lots of land, for us and our heirs and assigns, forever.


In witness whereof we have here unto set our hands, and seals the twenty third day of March. in the year of our Lord God One thousand Seven hun- dred and twenty three or four.


ABRAHAM SAMSON. (s)


his


CHRISTOPHER (C) WADSWORTH. (s)


mark


Signed Sealed and delivered in presence of


JOHN DELANOE. JOHN WADSWORTH.


1724-25. Feb. 1. Vol. a. Page 118.


Upon the 1st day of February Anno Domini 1724-25.


We the subscribers, to wit. Joseph Chanler Sen" and Samuel Chanter, both of Duxborrough, in the County of Plymouth, in the Province of Massachu- setts Bay in New England, have run the dividing line, and settled the bounds between the farms of land whereon we each of us do now dwell. as fol- łoweth, viz. We began at a stone set in the ground in the line of the Easterly side of the 149th lot in the upland in the Second division of the Commons, which belonged to the towns of Duxborrough and Pembrook, said lot being now in possession of Thomas Phillips, and from thence we run East 32 degrees South to Brewster's brook so called to a stump, and from thence we ran East 6 degrees Southerly, 7 rods to a stone set in the ground, and from thence we ran North 41 degrees and a half Easterly, to a stone pitched in the ground, on West- erly side of the Country road, which last mentioned stone is at the Easterly end of said dividing line, and we mutually agree the above said dividing line shall stand and remain as a dividing line or partition


9


130


DUXBURY RECORDS.


between the above said farms, for us and our heirs and assigns forever. In witness whereof we have set our hands the day and year first above written.


JOSEPH CHANLER.


his SAM (a) CHANLER. mark


Signed in presence of


ICHABOD SAMSON. EBENEZER THOMAS.


1725. July 30. Vol. a.


Page 119.


Upon the thirtieth of July Anno Domini 1725.


We the subseribers, to wit, John Weston and Benjamin Peterson of the one part, and William Brewster on the other part, all of Duxborrough in the County of Plymouth, in the Province of Massa- chusetts Bay, in New England, have run the line and settled the bounds between the salt meadow of the said John Weston and Benjamin Peterson, and the npland of the said William Brewster which lyeth adjacent each to the other in said Duxborrough in the Captain's Nook so ealled, said salt meadow and upland is part of the farm whereon Samuel Bartlet, late of said Duxborrough, Dee. dwelt at the time of his decease, and lyeth towards the Northerly part of said farm, said salt meadow lyeth contiguous to the salt meadow of Myles Standish, and is parted on the Northerly side there-of from the said Standish meadow by a ditch, We therefore began at the head or Westerly end of said diteh, and thenee we run as the fenee now standeth. about the Westerly part of said Weston and Peterson's meadow, as the fenee now standeth, and thenee as the fenee now standeth, on the Southerly side of the said meadow, till we come to a stone pitched in the ground, in the said fenee, said stone standeth about five or six foot dis- tant from a small white oak tree marked, said tree standeth on the Northerly side of said fenee about - feet from the fenee. and thenee from said stone,


4


131


DUXBURY RECORDS.


we ran East thirteen degrees and a half Northerly nearly ten rods. to another stone pitched in the ground, and from thence we ran North twenty one degrees Easterly, into the salt bay. Now our mutual agreement is. that the above said Bounds and line, settled and run as above said, shall be and remain to be the bounds and partition between our above said salt meadow and upland, for us our heirs and assigns forever. In witness where of we, viz, the above said parties, have here unto set our hand sand seals the day and year first above written.


JOHN WESTON. (s)


BENJAMIN PETERSON. (s)


WILLIAM BREWSTER. (s)


Signed, Sealed and delivered, in presence of


GEO. PARTRIDGE.


WILLIAM WITTER.


Know all men by these Presents, that we the sub- scribers, to wit Samuel Seabury Senr, of Duxborrow in the County of Plymouth, in the Province of Massachusetts bay, in New England, Cooper, and Christopher Wadsworth of said Duxburrough, yeo- man, Being owners and proprietors of a certain lot of salt meadow, lying and being within the township of said Duxborrough, said lot containeth five shares, and is the fifth lot in number in the salt meadow which belonged to the Second division of the com- mons which belonged to the towns of Duxborrough and Pembrook, in the said County, and was laid out Anno Domini 1712, and is bounded as may appear by the records of the proprietors of the land and meadows belonging to said division, the said Samuel Seabury being owner of three shares, or fifth parts in the said lot, and said Christopher Wadsworth being owner of two shares or fifth parts in the said lot, and said lot till this time hath laid in partnership and undivided between us. We have agreed upon a division there of that each one might know his own respective part, or proportion therein, and the divis- ion is as followeth viz.


1728. April 5. Vol. a. Page 120.


3


132


DUXBURY RECORDS.


We ran a straight line across the said lot, and began at a stake in the marsh, on the Easterly side of a creek which standeth in the range on the East- erly side of the said lot, and which stake is also a corner bound between the third and fourth lots in the said salt meadow, and from said stake we ran North west and by North. a quarter of a point North, to a stake set in the marsh by the side of the Mill river, and thence on the same course, into the said river. And our mutual agreement is, that all that part of said fifth lot that lyeth on the Northerly side of the above said eross line run as above said, shall be the said Samuel Seabury's part of said lot, and shall belong and appertain to him, his heirs and assigns. forever, with all, and singular, the profits, privileges and appurtenances there unto belonging, and that all that part of said fifth lot viz, all that part there of that lyeth on the Southerly side of the above said cross line run as above said, shall be the said Christopher Wadsworth's part of said lot, and shall belong and appertain to him, his heirs and assigns, forever, with all and singular, the profits privileges and appurtenances there unto belonging.


Now the above division of the above said fifth lot of salt meadow, thus made. We the said Samuel Seabury and Christopher Wadsworth, do mutually agree shall stand and remain as a firm and final settlement forever.


In witness where of we have here unto set our hands and seals, the fifth day of April, in the year of our Lord God One thousand Seven hundred and twenty eight.


SAML SEABERY SENOr. (>)


CHRISTOPHER X WADSWORTH. (s)


his mark


Signed, sealed and delivered in presence of


JOHN WADSWORTH. SENOr.


URIAN WADSWORTHI.


133


DUXBURY RECORDS.


1727. Jun 21. Vol. a. Page 157.


An agreement between Joseph Soule of Dux- burrough in the County of Plymouth in the Province of Massachusetts bay, in New England, yeoman, of the one part, and Ephraim Cole of said Duxborrough yeoman. of the other part, is as followeth, viz. Whereas we, the said Joseph Soule and Ephraim Cole are owners and proprietors of the twentieth lot in the salt meadow of the second division of the commons which belonged to the township of Dux- borrough and Pembroke in the County above said. The said lot being laid out for three shares wherein is contained a certain small Island ealled Block Island, and the said Joseph Soule being the pro- prietor of one share, or the third part of said lot, and the said Ephraim Cole being the proprietor of two shares, or two thirds part of said lot, which till this time hath been undivided between them, we therefore, that each one might know his own respee- tive proportion in said lot, have agreed upon a divi- sion thereof as followeth, viz. that the above said small Island called Block Island, with all, and sin- gular, the profits, privileges and appurtenances there unto belonging, shall belong and be the proper part of the said Joseph Soule, to belong and appertain to him the said Joseph Soule, his heirs and assigns, forever, and that all the residue, or other part of said lot, shall belong unto and be the proper part of the said Ephriam Cole, with all and singular, the profits privileges and appartenances there unto be- longing, to belong and appertain to the only proper use, benfit and behoof of him the said Ephriam Cole his heirs and assigns forever. Now the above agree- ment and division thus made, we the said Joseph Sonle and Ephriam Cole do mutually agree shall be, stand and remain as a firm and full settlement and division of the above said Twentieth lot in said Salt meadows. for us. our heirs and assigns, forever.


In witness whereof. we have herennto set our hands and seals, the Twenty first day of June in the


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DUXBURY RECORDS.


year of our Lord God one thousand Seven hundred and Twenty Seven. 1727.


Signed Sealed and delivered in presence of


JOHN SAMSON.


EBENEZER BARTLET.


JOSEPH SOULE (*)


his


EPHRIAM COLE X (s)


mark


1731. April 16. Vol. a. Page 137.


An agreement between Joshua Soule of Dux- borrough in the County of Plymouth, in the province of Massachusetts Bay, in New England, coaster. of the one part, and Isaac Peterson of said Duxborrough, yeoman, of the other part is as followeth, viz. Whereas we, the said Joshua Soule and Isaac Peter- son are owners and proprietors of two certain lots of land in equal proportion, lying and being within the township of Duxborrough above said, said lots being the fifty second and hundred and fifty first lots in the upland in the second division of the com- mon lands which belonged to Duxborrough and Pembroke in the County above said, and were laid out Anno Domini 1713 and are bounded as may ap- pear by the records of the proprietors of the common lands & belonging to the said division. We there- fore that each one might know his own respective proportion, and right in the two above said lots of land. have agreed upon a division thereof as fol- loweth viz. That the said hundred and fifty first lot with all, and singular, the profits, privileges and ap- purtenances there unto belonging, shall belong and be the proper part of the said Joshua Sonle, to be- long and appertain unto the only proper use, bene- fit and behoof of him the said Joshua Soule, his heirs, administrators and assigns, forever, and that the above said fifty second lot of land, shall belong unto. and be the proper part of the above said Isaac Peterson. with all, and singular, the profits, privi- leges and appurtenances there unto belonging. to be-


135


DUXBURY RECORDS.


long and appertain to the only proper use, benefit and behoof of him the said Isaac Peterson, his heirs, executors, administrators and assigns. forever. Now the above said Agreement and division thus made, we the above said Joshua Soule and Isaac Peterson, do mutually agree shall be, stand and re- main as a firm and full settlement and division of the said two lots of land, for us, our heirs and assigns, forever.




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