USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 7 > Part 2
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Mr. Zerubabol Endecot's bill of cost, 3li. 1s. 8d.
Copy of Salem town records, made June 7, 1678, by John Higginson, f recorder to the selectmen: "11 : of the 11mo. 1635 Granted by the freemen of Salem the day & yeare aboue written unto m' Townsend Bishop of the same his heires and assignes for Euer one farme containing three hundred acres, butting upon m' Endicots farme on the east and foure hundred pooles in length & six scoare poole in Breadth that is to Say six score & foure at the west end and one hundred and sixten at the east End, bounded by the water betwene the farme of the executors of Mr Skelton and him at the north east Corner of his farme, and hath there allowed from m' Endicots farme eight acres for an highway is bounded againe at the southwest corner by the brooke, prouided alwayss that in Case of Sale the towne of Salem to haue the first profer of that before any other. Jno. Endicot, Tho. Gardner, Roger Conant, Jeffery Massey, Edmond Batter."
Wm. Hathorne, sr., testified that some few years since when Capt. Fiske ran the end line it took about fifteen acres of land below the swamp "wch land mr Endecott & his mother did moue yt they might haue itt by exchange wch mr Alin consented to for so much in an other place & left it to me to deluer to them for so much in an other place. Mr Endecott ¡ Autograph.
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said since he sett upp his fence about ye swamp, yt there was about 40 acres of m' Alins land wth in that fence." Sworn in court.
Copy of Salem court files of 30 : 4 : 1674, made by Hilliard Veren,* cleric.
Samuell Corning, sr., aged about sixty-two years, testified that he was at the laying out of Mr. Townson Beshopp's farm about forty-two years ago and it was bounded "at the north east corner vpon m' skeltones fairme by crane reuer and bounded agentt to the honered gouerners m' Eindicut on ye east neare vnto epsige hye way that then was and as for ye playne that is soposed to be part of the afore say fairme which ly at ye west end of ye fairme I doe not remember that euer I saw it befoer this last spring I being desiered by mr allen to giue the best light I could of ye bounes of the afoer sayd fairme. I allso being at the measouering and deliuerey of the say fairme to franses nurse by mr allen and I found and the rest of the naybors that were thear present that acording to the demensones of the say fairm in the towne buke that the entrey and the bouns did verey near agree which did mor confarme me in my thoughts." Sworn in court.
John Pickering and John Hathorne testified that on Feb. 4 "Wee ware then vpon Some Occation Up aboute Salem Farmes; and ware then Shewed a maple Tree (as wee & others gudged itt) which Tree was Marked as ordinarylye Bound Trees are marked amonghts us & to us Seemed to bee an Antient Bound itt stood a little to the Northward of a brooke wch Runns through part of a Farme knowne by the Name of Chickerings Farme which beforesaid Marked tree mr Zerubabell Endicott who was then present with vs, did owne before us & severall others to bee one of the Corner Bounds of mr Chickerings Farme & this Bound is Accounted the Southwest Bound." Sworn in court.
Nathaniell Putnam, Job Swinerton and Joseph Houlton testified that more than twenty years since "william Mapes yt formerlye Liued with mr Townsend Bishop shewed vs some bound trees, which he tould us was the bounds of mr Bishops farme as hee being at the Laying it out at the Northest Corner, a black oake marked verye neare the water, between the pine tree, & the great hollow which tree is Lately felled, & barked, yet the marks still remaine, alsoe a bound at the North west Corner, being an Aspe marked, & still standing & this said Aspe tree wee haue knowne to bee the reputed bound aboute two & three & twentye yeares." Sworn in court.
Israel Porter, aged thirty years, deposed that "Mr Endicott & his Father being about to sett up a saw mill at crane River, his Father desired m' Endicott to speake with Nathaniell
* Autograph.
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Putnam to give them liberty to drown his land by makeing use of the saw mill, after some time, M' Endecott tould his Father he had beene with Nathaniell Putnam, and he had given them leave to drowne his land, also this deponent was with m' Endicott to speake with Nathaniell Putnam about the same thing and this was as I understood as he was a posses- sor of this land or the greatest part of it, and this is the land now in controversie. . . . as long as I can remember, the hemlock tree by the saw mill was accounted m' Bishops bound & I never knew any other." Sworn before Wm. Hathorn, assistant. Copy made by Robert Lord,* cleric.
Nathaniell Puttnam, aged fifty-seven years, testified that "I haue posesed a parsell of land upon the north sid of the farme formerely granted to m' townson bishop more than thirty yeres in which tim I hau mad three agreements of the bownes betwen us with the then poseseres as with m' endecutt esquier abought twenty fife yeres since and with zarubabel Eindecut atorney to John Eindecut abought seuentine or eighten yeares since and mr allen verey latly all which agree- mente ware mad from a pine or a hemlock tree at crane reuer by the saw mill and so upon a line to ye nor west corner bounes hauing reference to the entrey of mr townsend bishupp farme in the towne buke and frther I being at the deliuerey of the farme of mr allene to francis nurse the bounes and the entere of the towne did verey near agree." Sworn in court.
John Putnam, aged about fifty years, testified that "about thurtey fiue yeres since I being at M' Endicotes farme hous went from there to a plase Caled vine Coue and about 30 or forty pole northward from vine Cove and ther was M' Ende- cott sen' and I hard M' Endecote say to wa[l]tere knight what haue you faled Chickerenes bound tree. no sur that standes there." Sworn in court.
John Porter, sr., aged about seventy-nine years, testified that about thirty years ago he came to live at Salem, and that then and ever since the hemlock tree at the head of Crane river was accounted Mr. Bishop's bound. Sworn, 23 : 9 : 1674, before Wm. Hathorne, assistant. Copy made by Robert Lord,* cleric.
James Allen, aged about forty-five years, deposed. Sworn, June 24, 1678, before Anthony Stoddard,* commissioner.
Robert Sanford, aged about fifty years, deposed that "I hauing a farme at Salem which was townsend Bishops farme part of which farme lay within a fence which Zerubbabell Indicot sett up with leaue on said land as I was informed. And after it was mine John Leach came to me & would haue bought that part of said land which was within ye said fence of the aforesaid Indicot upon which the same Zerobabell
* Autograph.
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Indicot came to me at Boston and did earnestly intreat me not to put it away from him the said Indicot, but that I would sell it him the land to be valued by two indifferent persons and he would pay me in land in ye plaine where I should chuse it & herevnto I agreed & accordingly when I was on saile did reseiue the said land for ye said Indicot vntill he refused to stand to his agreement then I sold the whole unto m' James Allen of Boston." Sworn, June 21, 1678, before James Browne,* assistant.
Robert Sanford* certified, dated Swansy, Mar. 3, 1678-9, that "I hauinge conference with Nathaniel Putnam about his intrudinge on my land, and among other discourse he told me it would be better for me to let him haue that and I should get more on the other side in the room of it to which I said I must not give away my land to him to take away another mans land I did desire nothing but my owne there was diuers things else wch I did betrust several of the Church of Salem with to deale with him about a lookeing at that the way to haue recouered him from his extravagancy in words and actions it hath not ben wel it has ben so much neglected but wel that it is not wholy neglected I pray god it may be managed with such a frame of spirit as become the gospel."
Nathaniel Ingersol, aged about forty-five years, testified that "when his father, Richard Ingersol hired the farme of mr Chickeringe (which farme the sayd Chickeringe had bought of Mr Townsend Bishop:) that when the sayd Chick- eringe delivered the sayd farme and shewed the bounds thereof to my father I this deponent was with him The first bound he shewed vnto him for the upper Corner bounds toward the Northwest was a great white oake standinge neare Job Swiner- tons house in which he now liueth then he shewed a bound tre unto him neare unto the Crotch of the brooke for the other Corner bounds upon the Northerly side of the farme, the next bound tre he shewed was a hemlock tree standing neare the Cuntry Road lyinge ouer Crane Riuer, and from thence he went and shewed us a Red or blacke oake now standinge in the playne, If not lately cut downe and sheweded him that for a tre Ranginge in the southerly line of the farme, from the hemlock tre to the upper Corner bounds by the myrie Swamp: and from thence he went to the side of the swamp where the wolf pits now ar, and told my father the bounds went higher up, and afterward my father shewed me that bound tre. further this deponent sayth that Gouernour Endecot owned the hemlock tre & the oake upon the playne to be the bounds betwixt his land and the land of the sayd Chickeringe, these bounds shewed vnto my father by Chick- eringe to be the bounds betweene Gouer Endecot and the
* Autograph.
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sayd Chickeringe were owned and accepted of to be the Bounds betweene the sayd Govr Endecot and the sayd Chickeringe . . thirtie yeares since Gour Endecot or his order did Cut
wood and Tymber in that Swamp or playne near Ipswichs Road which is the land now in Controversie . . . also when his father had fenced in a parcel of land neare about where the wolfe pits now ar the sayd Gour Endecot came to my father where we were at plow and sayd to my father he had fenced in some of the sayd Gour Endecots land. my father Replyd then he would Remoue his fence No sayd Gour Endecot let it stand and when you set up a new fence we wil setle in the bounds." Sworn, June 25, 1678, before William Browne,* commissioner.
George Ingersol, aged about sixty-one years, testified that "about thirtie fiue yeares since this deponent liuinge a partner with his father Richd. Ingersol upon the farme that the sayd Richd. Ingersol hired of Mr Chickeringe wch the sayd Chick- eringe had bought of Mr. Townsend Bishop This deponent being to set up fence upon the sayd farme was shewed the line of the sayd farme Runninge betweene the land of Gour Endecot & the sayd Chickerings farme both by Gour Endecot & my father that so I might not trespasse upon the land of Gour Endecot which line began at the hemlock tre & so to a Red or blacke oake upon the playne & so about 30 or 40 poole Ranginge by a valley on the southerlie side of the house now standing upon the sayd farme But for the upper Corner boundes I neuer saw but this I doe testefy that all the rest of the playne bounded with a swamp & so the swamp now in Controversy with all the land betweene the sayd swamp and the Dwelling house of Gouer Endecot was then owned by the sayd Gour Endecot & quietly possest as part of his farme Called orchard and this seueral yeares before the sayd Gour Endecot was possest of the sayd Chickerings farme." Sworn, June 25, 1678, before William Browne,* commissioner.
John Ingersol, aged about fifty-five years, deposed that "about thirty-five years since I this deponent lived upon the farme wch was hired of Mr Chickeringe by my father Richard Ingersol . . This deponent was partner with his father in the hire of the sayd farme . ... all the land from the line aforesayd and within the playne comonly calld the Gouernours playne and so bounded by the brooke and the salt water was Reputed to belong to Gour Endecot as part of his farme Cald orchard." Sworn, June 25, 1678, before William Browne,* commissioner.
Benjamin Skarlet, aged about fifty-four years, deposed that "at his Cominge into this Country which was in the yeare 1635 was by his mother bound as an apprentice to Gour Ende-
* Autograph.
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cot & from that tyme until now || 2 years excepted || haue liued eyther with him or upon a peice of his land adioying to his farme, (wch he gaue vnto me) || during my life || and by Reason of my so long abode with him am able to testefy in the case now dependinge betweene mr Zerababel Endecot and Francis Nurse and the testemony which I now giue in is this that the sayd Gouer Endecot or his assignes haue claymed and possest without molestation the land now in Controversy as a part of his farme Called orchard from the tyme that I first liued with him no man haue molested him til Mr Allen who now doth lay clayme to Chickerings Farme." Sworn, June 25, 1678, before William Browne,* commissioner.
Richard Leach, aged about sixty years, deposed that "about thirty foure yeares since livinge a neighbour to Gour Endecots farme doe testefy that the land now in Controverse was claymed by the sayd Gour Endecot and none did euer molest him in the quiet possession thereof .... about twenty yeares since the sayd Gov' Endecot did grant a Lease of his farme called Orchard unto this deponent and therein did let unto this deponent fiue hundred acres of land that quantity of acres belonginge to his farme Called orchard upon the sayd Lease, the land in Controversy beinge a part of the sayd 500 acres (and the tearme of the sayd Lease was for 12 or 13 yeares) I say the land now in Controversy beinge a part of the sayd 500 acres beinge let unto this deponent was Improved by him both by fencinge and otherwise, and I was neuer molested in the quiet possession thereof duringe the tyme of my dwellinge upon the sayd farme." Sworn, June 26, 1678, before William Browne,* commissioner.
Nathaniel Felton, aged sixty-two years, deposed that "hau- inge had knowledge of the Farme called orchard which was posset by Gour Endecott (I haueinge ben a Neighbour there- unto about forty yeares) duringe the tyme of the sayd Gou" Endecots dwellinge upon the sayd Farme was often Imployed and by his order did worke upon the sayd Farme in cuttinge and sawinge of tymber some tymes a month or two together and this about 30 yeares since and can testefy the land in Controversy was claymed & possest by Gour Endecot as be- longinge to his farme Called orchard . ... when we went out with the Cowkeeper in myreinge tyme we durst not be seen to let our Catle feed upon the land in Controversy (the sayd Gour Endecot hauinge forbad it) the land in Controversy beinge then owned to belong to Govr Endecot by all the Neighbour hood and this before he was possest of Chickerings farme . . he this deponent about twenty yeares since did often read the lease of the sayd Farme called orchard which was granted by the sayd Gour Endecot unto Leiutenant
* Autograph.
1
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Leach," etc. Sworn, June 25, 1678, before William Browne,* commissioner.
Copy of deed, dated 4 : 8 : 1648, given by Henry Chickering of Dedham, yeoman, to John Endecott of Salem, gentleman, for 160li., "all that farme contayneing Three hundred acres of land or thereabouts which formerly did belong unto Town- send Bishopp of Salem aforesaid since in the hands and posses- sion of Henry Chickering and after him in the tenure & occu- pation of Richard Ingersoll deceased & in the right of his widow in the late tenner and occupation of John Knight of Newbery, together with the mansion house thereupon built by the said Townsend Bishop, together with all outhouses yards orchards or orchards meadow pasture fences bridges woods or underwoods; "the pay was to be in cattle or English grain at current price to be agreed upon by two indifferent men, one chosen by each party, the corn to be delivered at Salem, and the cattle to be appraised at the farm where they are at Salem and driven half way to Dedham at the charge of John Endecott, within the space of seven years. Wit: Thomas (his mark) Wright, John Endecott, jr., and Zerobabell Endecott. Acknowledged, Jan. 17, 1664, by Henry Chickering, his wife Anne releasing her dower, before Elea. Lusher. Copy made by Robert Howard,* notary public in the Colony of Massachusetts.
"Att a Generall Court held at Boston the 23d may 1666. In Ansr to the petition exhibbited to this Court by m's Elisa- beth Endecott the relict of the late honoured Governor John Endecott Esqr deceased and Zerubbabel Endecott their son for setling the estate of the said John Endecott deceased according to an instrument on file wth the reccords of this court to which the hand & seale of the said John Endecott deceased is annexed bearing date may 2ª 1659. After a full hearing of all parties concerned in the sayd estate (i e) the sayd Mrs Elisabeth Endecott & hir two sonnes m' John & mr Zerabba- bell Endecott Mr Jeremiah Houchin being also present in the Court & respectively presenting their plea & evidences in the case. For a Fynall Issue where of This Court doeth Order and Judge meet to declare that the sayd estate shall be divided betweene the abouesayd widdow & hir two sonns according to the aboue sayd writting on file. Provided allwayes whereas the farme Called Chickerings was by deed of sale or guift made ouer to m' John Endecott sundry yeares before the date of the aboue sayd Instrument To Haue & to hold the same to him his heires & Assignes for euer anything in the aboue sayd writting that may seeme to Contradict the same not wthstanding. And also whereas there doeth appeare to be lesse provission made for the wife of the aboue named mr
* Autograph.
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John Endecott then may seeme equall or was the reall Intent of the abouesayd John Endecott Esqr deceased who had during his life speciall favour & respect for her. This Court doeth Order that M's Elisabeth Endecott the now wife of the aboue named mr John Endecott in case she shall survive the sayd John her husband shall injoy all that estate of houses & lands mentioned in the aboue sayd Instrument as bequeathed to the sayd John Endecott hir husband during hir natturall life (not suffering any strip or wast to be Comitted on the same) anything conteyned in the above named instrument notwithstanding. And this Court doeth also order & declare that whereas the aboue sayd M's Elisabeth Endecott widdow of the aforesayd John Endecott Esq' deceased is seized accord- ing to the aboue sayd Instrument of the Goods & Chattells of the sayd John Endecott Esqr hir late husband deceased in case she shall dye seized to the value more then eighty pounds starlyn part there of the same shall be divided betweene hir sonnes mª John Endecott & m' Zerubabell Endecott & the sayd John being the eldest sonn shall haue a double portion thereof Finally this Court doeth Impower the sayd M's Elisabeth Endecott relict widdow of the aboue named John Endecott Esqr deceased & sole administratrix on the estate whereof he dyed seized she bringing in a true Inventory thereof to the next Court for the County of Suffolk," etc. Copy made by Edward Rawson,* secretary.
Copy of will of John Endicott, of Boston, "eldest son to the late John Endicott esq' & late Gouernor of the Massachusetts Collony being sick of a sore throat & other distempers of Body, dated Jan. 27, 1667, taken from pages 533 and 534 of the first book of records of Suffolk, by Freegrace Bendall,* cler .: "And whereas I forsooke all other women & Joyned my selfe in Mariage unto Elisabeth my deare wife & soe wee twaine became one flesh, and shee haueing alwayes caryed herselfe a Loueing helpfull & paynefull wife unto mee I doe giue & bequeath vnto her my said wife all my whole estate reall & personall, I say I giue & bequeath to my said wife my now dwelling house in Boston Joyning to George Bates on the west with all the yards & Appurtenances thereto belonging. Also I giue & bequeath unto my said wife all lands within the bounds of Salem the whole farme called Chickries farme to her, her heirs & Assignes for Euer."
"Also | I giue || & bequeath unto Elizabeth my said wife all my goods & chattles within & without doors wheresoeuer they shall be found & all other estate that belongs to mee both in reuertion & possession to be disposed of by her for euer. I doe ordayne appoynt & make Elizabeth my wife sole Execu- trix of this my last will & testament. I make my Father in
* Autograph.
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Law Mr Jeremy Houchin & m' John Saffin ouerseers." Wit: Jeremiah Houchin, Nathaniell Greene, Robt. Bradford and Moses Bradford.
Copy of deed, dated Apr. 29, 1678, given by James Allen of Boston, minister, to Frances Nurse of Salem, yeoman, for 400li., his farm in Salem of 300 acres of upland, bounded "with a hemlock tree, being the noreast corner bounds next farmer porters land neere Crane Riuer, soe caled, & from that hemlock tree, running westward to the bridg upon the brooke, & soe to a white oake tree in a straite line from the brooke aforesaid, a little to ye westward of the oarchard be- tweene the land of Joseph Holten & the bargained prmisses & from thence to a blacke oake, almost at the corner of the said Holtons feild, upon a straite line from thence to a popler tree, at the northwest corner of the said farme, from thence southward to a maple tree, with a white oak neere it, a name to the brooke at the southwest corner, the bounds being there, the but end of a great old tree, with a stake, standing in it & two smale trees marked neer it, lying a litle to the westward of the old Ipswich Road, being the southeast corner bounds & from thence to the hemlock tree, the northeast corner bounds, & bounded with the lands partly of farmer Porter, partly nathaniell Putnam, partly James Hadlock & partly Joseph Holtons on the north, & the land of the said Holt. to the west, & the lands of mr Zarubabell Endecott to the east & south, according to Towne grant together with all trees, woods, under woods, meddowes, feedings, pastures," etc. Sarah, his wife, released her dower. Wit: Is. Adding- ton and Eleazer Phillips. Acknowledged by said Mr. James Allen and Sara, his wife, Apr. 29, 1678, before Edward Ting assistant. Recorded, 15 : 3 : 1678, in the records at Salem, book 4, fol. 189, by Hilliard Veren,* recorder, who made the copy.
Plaintiff's plea: "Concerninge the dimensions of Townsend Bishops farme as it is expressed in the Towne Booke of Salem the Honrd Court with the Jury may be pleased to obserue seueral improper words ar used in the expression thereof by Reason those men who were then the layers out of land were (although playne herted honest men) yet of litle art and skil in mathematical Grammatical or Geometrical Rules and expressions, As in the sayd Grant If the Honrd Court and Jury be pleased to obserue. It is sayd in the sayd Grant at the easter end 400 poole in length to speake properly that is not the end but the side of the farme and that which is called an end of the farme is also called a Corner where it is bounded by the water, upon the land of mr Skelton and the word [there] Relates to m' Endecots farme and not to the end their calld a Corner, Mr Endecot hauinge no Land at least not
* Autograph.
.
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Exicroit houfi-
com forktiv - - -
Gyhop6 fra Pino
bishopb
7 hougs
Stilomand farmer
THE NURSE FARM.
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SALEM QUARTERLY COURT
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eight acres upon that Corner of Bishops farme but it must be allowed by the side line of Bishops farme . ... Bishops Farme and Stilemans farme beinge each of them 300 acres apeice lyinge side by side by each other Stilemans farme in the possession of 4 men, who in their devidinge of the sayd farme each to haue an equal share thereof. In their Runninge the line of the sayd Stilemans farme betweene that farme the sayd Stylemans farme and Bishops farme they began at the white oake neare Job Swinertons now dwelling house, and so upon a strayt line neare unto the Crotch of the brooke the true Northerly line of Bishops farme. These 4 men ar to haue an equal share three of the foure ar Contented wth what is honestly their owne only Nathaniel Putnam who out of a Couetous humor not Careinge how he Ruienes other men thereby to inrich himselfe observinge some Improper and doubtful expressions in the Recordinge of Bishops farme by his subtelty and Cunninge Craft hath occasioned much trouble to Courts and molestation to his neighbours
"Beinge of late Notoriously discouered as the late Comittee of Salem (who were chosen to finde out what land was belong- inge to the towne among the farmes) haue made appeare, his grand designe being to Catch what he can &c Further let the Honrd Court with the Jury be pleased to Consider why mr Allen who by his agent Robt Sanford hath Recouered that tract of land (uniustly Claymed by the sayd Nath Put- nam) by vertue of a Judgement granted at a Court of assistants and accordingly had possession of the sayd land giuen by Marshal Micherson as belonginge to Bishop farme, why the sayd m' Allen should devide the sayd land betweene him and the sayd Putnam but that he might haue the more plausible Colour to intrench upon the inheretance left me by my Honrd Father accordinge as I haue made it evedently and suffeciently to appeare Further may the Honrd Court wth the Jury be pleased to Consider whether or no Gou' Endecot when he had the liberty to take up what land he then pleased there beinge two Creeks which haue ben alwayes reputed to be the bound- aries of his ancient farme and ar sufficently evidenced so to be that he should suffer any man so to intrench upon him as to devide or to Cut in two that part of his farme and to make it like unto a kites tayle the like president not being knowne in the Cuntry V.
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