USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 31
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Petition of Thomas Laughton,* for the selectmen of Lynn, dated 22 : 4 : 1677: "the county Bridge in our Towne beinge defective & dangerous for both man & Beast to passe over wee were constrayned to make vse of the worshipfull Maior Hathorne to Graunt a presse out for workmen to repaire the same which beinge Graunted the counstable pressed several psons to the worke which as hee giues vs an account of came to fourty shillinges," wherefore it was desired to know how he may be paid.
"the inhabetance of the farmes haue mad choyce of nath- anell Ingerson for to keepe a hous of Entrment for strangers and others by seling beere and sidere and lickers and pro- uision this was voted by the inhabentanc dated 25 : June 1677." Consented to by Edm. Batter,* Jno. Curwin,* Wm. Browne, Junr.,* John Pickering,* Bartho. Gedny* and Jno. Price,* selectmen.
*Autograph.
·
318
IPSWICH QUARTERLY COURT
[Sept.
Grand jury: Ens. Tho. Burnam, Tho. Lull, Tho. Jacob, Corpll. Jo. Andrews, Tho. Burnam, jr., Nathaniell Tredwell, Anthony Morse, Edward Woodman, Samuell Plumer, James Barker, John Harris, Abr. Redington, John Comings, John Steevens and Nicolas Walington.
Jury of trials: Mr. Daniell Epps, Nath. Adams, Nath. Wells, Corpll. Jo. Whipple, Robert Kinsman, Jo. Newmarsh, jr., Usuall Wardell, Jacob Tappan, John Knight, Abell Langly, John Palmer and Sam. Boswell. Sam. Gardner, Marshal Skery and Neh. Jewett, in Mr. Dumer's case. Mr. Dudley Bradstreet, Ens. Chandler and Abraham Perkins, in Mr. Shepard's case.
The constable of Newbury was fined for not making return of jurors. Sam -, not appearing, was fined, but presently coming in, said fine was taken off.
Mr. Rich. Dummer v. Henry Jaquis, selectman of Newbury, in behalf. of the town. For not making good all the land granted. Verdict for plaintiff, twenty-five acres of land. Said Jaquis, John Knight and Tristram Coffin appealed to the next Court of Assistants. John Knight, sr., and Tristram Coffin bound .*
*Writ: Mr. Richard Dumer, sr. v. Henry Jaquish, selectman of the town of Newberry, in behalf of the town; for not mak- ing good all the land granted by the said town in 1639, for which the said Mr. Dumer laid down land, which grant was 150 acres, a considerable part of which is not set out to him by the said town; dated Sept. 12, 1677; signed by Thomas Leaver, clarke, and served by Robert Lord,t marshal of Ipswich, by attachment of the house and land of Henery Jaquish and a part of the town common.
Bill of cost of Mr. Richard Dumer, sr., 3li. 3s. 4d.
Copy from the town book of Newbury, made by Anthony Somerby:{ "the 23th of the 7th mth 1638. Henry Short & Richard Kent were released from being Lott layers & the Towne hath appointed Richard Knight & Thomas Coleman to be lottlayers in their Roomes to lay out land & to attend upon it: for any man that hath a Lawfull grant of Land upon three dayes warneing."
"At a Towne meeting June 5th 1673. That wheras Mr Dumer complaines that he wants measure in seuerall Grants +Autograph.
. 319
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1677]
of land that was granted to him by the Towne. It was voted that all Mr Dumers Grant shall be measured by an equall charg between the Towne & Mr Dumer, And the Towne doth engage to make good his seuerall grants both upland & meadow, And Mr Dumer doth engage that the Towne shall haue the rest of the land that is aboue his measure to be Returned to the Townes Vse."
"And the Lottlayers & Leiut Woodman & John Knight was chosen mutually to see the said Land measured and done according to the said vote."
Copy from the old town book of Newbury, made by An- thony Somerby :* "January the 7th 1639 Att a generall Towne meeting There was granted to Mr Richard Dummer, an hundred & fifty acres of Land Runing in a direct Line from the creeke below m' Eastons celler to the corner of his farme allredy layd out And that sayd hundred and fifty acres are to be so layd out by the lott layers, and this in considder- ation of twenty two acres and a halfe in the common Resigned by the sayd Mr Dummer into the Townes hands, And that henceforth the sayd Mr Dumer doth not acknowledge the sayd Land to be his nor expect any preveledge whatsoever, which by any order of the Towne, were granted to any that left there lands there."
Jonathan Danforth,* surveyor, certified, dated Newbury, 16 : 4 : 1677, that "my self being desired to measure seuerall parcells of land by mr Dumer, yt day and year aboue written, I measured one percell called ye hundred & fifty acres. the bounds of it are as followeth. we began at a little creek or riuilit, by dunkcum stewards house, & from thence we ran to the south corner of mr Sewalls farme, to a great stub at ye corner of his fence, from thence to a great white oake marked and standing a little within mr Sewalls fence at that corner of his fence, next mill-meadow, & from thence, by mill meadow to another great white oake, which is ye North east corner of mr dumers old farme; from thence, to a place called the liuing spring, and then runing from ye said liuing spring up the south east line of ye aforesaid old farme untill you come as farr as ye highway to the house at the paster fence, then we ran acording to the said fence by the highway to ye gate of the other country road, near ye mill and so to the corner of ye fence, then turning down by the fence to ye riuer; & runing downe the said Riuer untill wee came to Dunkcums creek first spoken of, which makes a closeing line. I find The land within these lines containe one hundred & twenty fiue acres and no more so that there yet wanted twenty & fiue acres, of the hundred & fifty sought for. The exact
*Autograph.
320
IPSWICH QUARTERLY COURT
[Sept.
platforme of ye said land is better discerned by a plate taken of ye same & is inserted underneath:"
Om Sewells
corner.
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millmeg whiteoake. 4.O whilrake
Superficie= 125 acres.
Scale
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rayons Riuex.
the sta farine .
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old forme
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"These are further to testify that in ye 2d weeke of July, in the yeare 1674. I was at m' Dumers farme suruaying seuerall parcells of land for him, and ther was at that time present seuerall men of Newbury, namely, mr John Knight, mr Trustum Coffin and some other of Nubury men with them, and those men then shewed these bounds mentioned to be the bounds of those farmes aboue specified; & owned these and no other to be ye bounds of those farmes, after they had spent much time and labour to find out the true bounds: they shewed these bounds to Mr. Richard Dumer Jun' Capt. Brocklebank & my self, with some others, that were then waiting upon the business. And this I do further testify that this tract of land abouesaid; containes that wholl quantity of land within those bounds then owned by newbury men as aforesd: that wholl parcell of land within ye fence, (& acording to ye aforesd bounds) being exactly measured, and ys abouesaid Record & plott, is a true Record & plott of ye same, acording to rules of art." Sworn, 17 : 7 : 1677, before Tho. Danforth,* assistant.
Jonathan Danforth,* certified, at Newbery, 10 : 5 : 1674, that "being desired to suruey a tract of land lying in Nubury bounds lying in the south side falls Riuer, & on ye North side of easons Riuer, begining at a place called the liuing Spring
*Autograph.
1
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(lying within ye bounds of mr Dummers farme,) and from ye sd liuing spring to a great rock, & from the sd rock to ye falls Riuer, from thence to a great white oake standing in mr showells fence, and running by ye fence side & still con- tinuing ye sd fence by wllm Boyntons land to a stake |near Woodbridg point || standing in ye marsh & so taking all ye meadow on ye west & north side of ye said Riuer, vnto ye south west end of it, at Dunkin Stewards house, & so up ye sd easons Riuer to a white oake marked & standing about four pole short of easons siller & from the sd white oak running fifty eight degrees & a half west from ye Northe to a stake standing in mr dummers line on ye south east side of his old farme, and from ye said stake to ye liuing spring first men- tioned (excepting out of ye wholl m' Sam11 phillips meadow as it is bounded lying for twenty fiue acres) and ye superficies of ye wholl is ye Just sume of four hundred and seauenty acres takeing off this sume fourteen acres of mr Phillips meadow accounted in ye said number."
Hechelaus Woodman,* Samuell Brocklebanke* and John Knight* testified that they attended the measuring and that the foregoing is a true record of it, etc.
Richard Knight* and John Knight* testified that "wheareas thear apears to bee 14 Ackers of land wanting aboue of mr phillopses land within mr dumers fenc wee dou testify that wee Judge that goodman boington haue within his fenc neere 20 Ackers of mr dumars land which Mr. Danford and wee did not mesuar in this fouor hondard and seuenty Ackers."
Joseph Goodrage and Richd. Dumer, jr., testified that about the middle of July, 1674, they were with Mr. Jonathan Dan- forth when he ran the several lines that divided Mr. Sewall's farm, Mr. Dumer's farm and the lower neck by Steward's house, from the land granted to Mr. Dumer, sr., for 150 acres that lay between these farms. The Newbury lot layers, deponents and Mr. Doell, Lieut. Woodman, John Knight, sr., Thrustrum Coffin and Mr. Dumer were also there. Sworn by Mr. Richard Dumer, jr., in court.
Richard Knight,* aged about seventy-five years, testified that in 1638, Thomas Colmon and he were lot layers for Newbury, and in 1639 laid out 150 acres of land according to the town grant, running from the little river or creek before Eston's cellar up to the corner of his old farm before laid out, and so running northerly joining to the old farm until they came to the mill lots of meadow which were ten acre lots. This 150 acres they "distinguished from other grants in full measure: which was for Resigning to the town twenty & two acker & a halfe to the toune." In 1674, he helped measure
*Autograph.
322
IPSWICH QUARTERLY COURT
[Sept.
Nath. Chapman v. Edward Chapman. For withholding a parcel of land. Withdrawn.
Selectmen of Andover v. Thomas Fuller. Trespass. Ver- dict for defendant. Appealed to the next Court of Assistants at Boston. Left. John Osgood and Ens. Thomas Chandler bound .*
over this land and they found enough land to make good the town grant in this now sued for, distinct from other grants. Further that Dumer had enjoyed this 150 acres for thirty years, etc. Sworn in court.
John Pickard deposed that he was with Mr. Danforth when he measured the land in the fourth month, 1677, and that in this land there is a country way laid out. Sworn in court.
John Knight and Tristram Coffin deposed that when the land was measured in 1674, Mr. Rich. Dumer was sick and Capt. Sam. Brocklebanke acted for him, etc. Sworn in court.
John Knight and Benjamine Rolf, aged about thirty-seven years, deposed. Sworn, Sept. 25, 1677, before Jo. Wood- bridge, commissioner.
*Thomas Fuller's bill of cost, 14s. 6d.
Bill of cost of the selectmen of Andover, 6li. 1s.
Copy of Andover records, Sept. 12, 1677, made by Dudley Bradstreet,t recorder:
"Andour: Att a generall & lawfull towne meeting Aprill ye 9th 1677 It was uoted & passed by the towne, that the selectmen that now are, should prosecute Thomas Fuller sen" of Wills hill, at ye next Salem, or Ipswich Court, as a trespasser for Cutting downe & carrying away, a great many Cedar trees, in ye bounds of Andour, Contrary to ye towne ordr & without their knowledge."
"Andour: Att a lawfull towne meeting ye first of January 1676-7. Left: John Osgood Ensigne Thomas Chandler, John Frie, Jun', Stephen Johnson & Dudley Bradstreet were chosen selectmen for ye year ensuing. The instructions for ye select men were that they should manage all prudentialls of the towne, except the disposing of Land and timber, unless it be for defraying of charges about the meeting house."
"Andour: att Lawfull Towne meeting this 18th January 1658. For puenting ye spoyle, and wast of timbr: wthin ye bounds of this towne it is ordered that noe person shall after this present time, sell, send or Conuey away out of ye towne, any trees; timber, loggs, planks, boards, or other wares made
+Autograph.
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1677]
of Timber, growing or to be growing upon ye Common or any other part thereof, without leaue from ye towne, or the Major part of ye inhabitants thereof, under ye penalty of tenn shil- lings for euery tree, he shall make use and dispose of as afore- sd."
"Andour : att a gener !: Towne meeting ye 6th January 1672 It is ordered & agreed that noe man shall haue libertie to Cutt downe any Cedar tree or trees wthin ye libertie of ye towne, to sell out of the towne, without libertie from ye select men, but shall according to the former ordr forfeite tenn shillings to the towne for euery tree soe Cutt, & sold out of towne."
"Andour: att a gener" towne meeting ye first of January 1674-5. It is farther ordered and declared that noe man shall haue libertie after ye first of January 1675 to sell, or transport any Cedar out of the towne, either in shingles or otherwise, but shall forfeit twenty shillings for euery thousand of shingles, or quantity of Cedar proportionable, unless the towne shall upon some extraordinarie occasion graunt libertie to ye Contrary.
"Layd out by order of the Gen'll Court to Daniel Denison Esq Major Gen11. his farme of three hundred acres, adjoyning to the farme now in the possession of Bray Wilkinson.
"Impr: eighty acres of upland Lying in a longe square bounded on the northeast by John Putnams land on the south- west by a brooke that runns out of a pond into Prices meaddow on the Northwest by the land of Bray Wilkinson on the south- east by Prices meaddoe.
"Also one hundred & forty acres beginning at a white oake marked R. B. the bounds betweene Bray Wilkinson & John Putnam & the former eight acres, and from the sd tree joyn- ing upon Bray Wilkinson in a streight line to a rocky point where- a white oake is marked, & from thence by the southerly corner of Beachy meaddow to a white oake marked at the Northwesterly angle of Bray Wilkinson's farme, and so up to Andouer six miles bounds Also from the sd white oake marked R. B. upon a North & by west line, adjoyning to John Putnams land to a forked white oake marked, and so to the brooke that runs by Beachy meaddow to Andouer six miles bounds
"Also eighty acres of woodland on the Northeastside of the Brooke that runs by Beachy meaddow begining at a marked tree standing neere the brooke by a swampe & runing North east & by east about 200 rods to three white oakes marked, & then turning southward about 30 rodd to that part of the brooke where another brooke falls into the same, and a great rocke lies in the midst of the brooke." The court on Oct.
324
IPSWICH QUARTERLY COURT
[Sept.
8, 1662, approved of this return which was made by Willm. Hauthorne and Thomas Howlet.
Thomas Fuller, jr., testified that he helped measure from the place that Andevere men told him were their bounds, which was a short distance from a little cedar swamp near Wils hill. From there they measured four miles toward Andevere upon as straight a course as they could by com- pass "and then wee found wee had aboue halef a mile unto a tree that standes near to musceatea brouck which tree An- deuere men tould mee stoud tow miles from ther towin . . . . as wee measuered along my father did Charg us to bee suere that wee made mesuere and an allowanc for the saigging of the line and farder saith that I hard my father tendere an- deuere men to haue the lin rune by Indifrant men and there with to bee Conttent as they determined the Case." John Putnam testified to the same. Sworn in court.
John Ossgood, aged about forty-eight years, deposed that some time in April last, deponent and Steven Johnson went to the cedar swamp in controversy where there was a parcel of shingles made up by somebody not of their town, and found Thomas Fuller's sons at work there binding up shingles. They said that the shingles were their father's and that they owned 12,000 besides what were cut off. Deponent warned them against carrying them away and they desired him to speak to their father, who owned that he had made use of the timber in the swamp and his cart stood loaded with shingles. Said Fuller asked to go to the selectmen which he did, but refused to come to any agreement with them unless they would measure six miles with him. Steven Johnson, aged about thirty-six, testified to the same. Sworn in court.
Richard Barker deposed that by agreement between Rowley and Andover men they employed Mr. Johnathan Danfort to run their six mile line southward and the circumference line between Rowley and Redding, there being present for Rowley, Goodman Pickard and Ezekell Northen, and Ensign Howlett, John Gold, John Wiles and some others for Major Generall Denison, and himself, Left. Osgood and some others for An- dover. These, with the "artist," appeared at Andover meet- ing house, where Rowley men would have the chain measured by the standard, which they did and took up two links. An- other link broke before they had gone far. John Wiles carried the hinder end of the chain all day long and they had one man constantly at the other end, so that the line was as exactly run as it possibly could be. The circumference line was also as exactly done and Cedar swamp was nearer to Andover than a place then named Hetch hole, which was considerably within the bounds of Andover. John Osgood, aged about
325
RECORDS AND FILES
1677]
Capt. James Oliver and Thomas Dexter, jr., administrators of the estate of selectman Thomas Dexter, sr., deceased v. the Town of Lynn and Thomas Layton. Review. Non- suited, the attachment made being by a clerk of the writs in another town and not in the town whereof he was clerk of the writs. Appealed to the next Court of Assistants at Bos- ton. Left. Rich. Way, attorney to Capt. James Oliver, and Thomas Dexter, jr., administrator of the estate of Tho. Dex- ter, sr., and Thomas Moore bound .*
Mr. Jerimiah Shepard v. Thomas Tenny, Wm. Tenny and
. forty-eight years, testified to the same. Sworn, 25 : 7 : 1677, before Wm. Hathorne,f assistant.
John Osgood, aged about forty years, and Stephen John- son, aged about thirty-six years, testified that they, being appointed by the selectmen of Andover, to count the cedar trees cut in the swamp, found that there were 144 that had been carried away. Sworn in court.
John Steephens, aged about thirty-eight years, deposed. Sworn, 25 : 7 : 1677, before Wm. Hathorne,f assistant.
Johnathan Danfort, aged about fifty years, deposed con- cerning running the line about ten or twelve years ago and that they gave the name of Hetch hole to the place. Sworn, May 29, 1677, before Daniel Denison.t
John Osgood, aged about forty-eight years, and Thomas Chandler, aged about fifty years, deposed that about seven or eight years since, they were at Thomas Fuller's house and the latter asked them to give him leave to cut some cedar in the swamp. They told him they had no authority but if he would go to Andover, the town might, which he did, and offered to buy some but the selectmen refused to sell any, etc. Sworn in court.
*Writ: Capt. James Olliver and Thomas Dexter, jr., ad- ministrators of the estate of Thomas Dexter, sr. v. the Town of Lyn, or the selectmen, Thomas Layton, Capt. Richard Walker, Capt. Thomas Marshall, Ralph King, Samuel Cob- bat, William Basset and John Lewis; review of a judgment against him at a Court of Assistants in Boston, Sept. 1, 1657, which was an action of appeal from the judgment of Salem court, 30 : 4 : 1657; dated Sept. 20, 1677; signed by William Chard,t for the court; and served by Joseph Webb,t marshal of Suffolk, by attachment of common land near the meeting house which Lt. Richard Way and Robt. Coats showed him.
+Autograph.
326
IPSWICH QUARTERLY COURT
[Sept.
John Trumble, in behalf of the town of Rowley. Verdict for plaintiff. Appealed to the next Court of Assistants at Boston. Thomas Tenny and John Trumble bound .*
*Writ, dated 1677, signed by Thomas Leaver,t for the court, and served by Jeremiah Elsworth,f constable of Rowley.
Letter addressed "For William Tenny, with the rest of the select men Anno. 1676, Jan. 5:"
"Beountifull and loving freinds.
"Upon the confidence which I have of your candid Accep- tance of these lines, I send them to you, with an hearty salu- tation: having had good and grownded Information of the great care and love of this towne In passing a vote at a publiq towne meeting 74 that (by way of gratuity for my comming up to serve them) I shoold be allowed fifety pownds per An- num during my residence here In the Towne: whose love and liberality I cannot but be deeply sensible of, and doe gratefully Aknowledge the same and shall manifest my thank- fullness In a gratefull Acceptance of their free will offering, which gift at this Interim calls for double Acknowledgment In that I am Incapacitated to serve your selves & my family by providing for the same In that - - to exercise my self In. Now your selves being Trustees to p- -
cherfully and unanimously promised least alsoe my self shoold be deemed ungrateful to slight the Townes love In their liberall gift, and least I shoold neglect all due meanes In providing for my family (which he that doth not is reconed worse then an Infidell These Inducements premised I thought meet to take this opportunity to make a sober and honest demand of that which was soe lovingly promised now that your under- takings may be as prosperous and your enterprizes as success- ful as my Aimes good, and your credit great is my unfeigned wishes, who wish your welfare. Yours Jer. Shepard."}
"With respeckt to mr Shiperds paper whear of he demands fifty poonds per anum by vertew of ackt in 74: "the names of them who uotted for itt in 74, none; the names of such who are now willing it should be payd, none; the names of such who wear and are now against it, Thomas Teny, William Teny, John Haris, John Johnson, John Pickerd, halas Jackson, - - herd lighton, -hn Tod, Georg Kil- born, Joseph boyntan, Thomas boukbe, -ekell Jewit, -acon Jewitt, - -mes barker, sene, william Jackson, James bayly, sener, Joseph chaplin, -n person, iun, -es Dickinson, Thomas Leauer, jr., -- hn hopkinson, -thon +Autograph.
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hesktison, -n borbank, seneer, -thaniell barker, rzillah Barker, hn- trumble, -n Sawyer, Abell langle, John Pearson, senior, marke prime, John Baley, John Scails, Jeremiah Elsworh. att a leagall towne meeting held the 18 of ianewary 76 this paper was presented to the toune and thear non apeard for paying mr shiperd the 50 pound by thear hands but against it are thes names in last row."
Copy from the town book of Rowley, made Sept. 26, 1677, by William Teny,* keeper of the book: "At a legall Towne meting held the 16 of March 1676 or 77 it was agreed and voted that Richard Swan and John Johnson are chosen by the towne to manage any ciuill action or actions that may be commenced against the said Towne by mr Shepard with Respect to claime of stipend or any complaint of his to the said purpose and this they may do by themselvs or any per- sons they shall se cause to imploy and to manage the same by way of apeall or otherwise from court to court till the cause be ended and what shall be done by them or either of them or any other that they shall imploy shall be holden good as to all true intents and purposes.'
"at the same meting seuerall of the Towne did disent against this act and did declare themselues willing for to pay their shares of mr shephards fifty pounds that he had demanded and were not willing to stand suit in the first place thre of the selectmen," Samuell plats, Richard holms and Daniell wicom, selectmen, and Philip nelson, Corporall northend, Jon- athan plats, John acy, Abraham Jewit, , Thomas
Ezekell Mighell, Samuell brocklebank.
John Trumble, [John] Pickard, sr., and Ezekiell Jewit testified that of the fifteen who acted in the town meeting, the principal ones were Doctor David Benit, John Acy and Simon Chapman. The last two instructed Dr. Benit. Not any of the persons were qualified according to law to act in town business, and there were several in the house who were against the proceedings. Sworn in court.
Thomas Teny, William Teny, John Trumble and Ezekiell Jewit testified that upon Mr. Shiperd demanding who were selectmen on Jan. 6 or 7, 1676, when the town vote concern- ing the 50li. was taken, they desired to know who would stand by them in not laying a rate for it, whereupon Jeremiah Elsweth, constable, offered this vote: "theay that will stand by the selekt men in not laying of the said 50 pounds show it by such a sign: which uote we understood not which way it went. nether was it declard nor recorded nor desired to be recorded," etc. Sworn in court.
Copyt from the Rowley church book of an arbitration *Autograph.
¡This paper is badly torn.
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