Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8, Part 40

Author: Massachusetts. County Court (Essex County); Dow, George Francis, 1868-1936; Massachusetts. Inferior Court (Essex County)
Publication date: 1911
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 515


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 8 > Part 40


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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Andrew Mansfeild, aged about sixty-one years, and John Burrall, aged about forty-seven years, testified that being deputed by Lynn to inspect Browne's encroachment upon the common, the latter showed them where he had cut the wood and they found it to be within the common land many poles, outside of Boston line and about 110 poles outside of Capt. Walker's farm. Further, that they found 730 trees felled, most of which had been carried away, which damage to the town was estimated at 10li. Sworn in court.


Copy of papers in an action in Salem court, June, 1681, con- cerning a new highway between Lynn and Boston.


Deed, dated Jan. 9, 1670, from William Bartholmewt of Boston, merchant, for love and affection, to his daughter Mary, wife of Jacob Greene of Charlestowne, merchant, and her heirs,


* Autograph.


t Autograph and seal.


-


399


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1682]


one farm house and out houses, with all his farm bought of Samuel Bennet of Rumney Marsh on Mar. 12, 1669-70, chiefly within the limits of Lin, bounded "on the west or westerly with the land now in the possession of Augustin Lindall in pt & land of Benjemin Muzzy in pt one north, with the hills bounding that pt of the farme called the plow-plaine running upp to a marked tree at that corner on the north, & north easterly side Bounded by an high ledg of rocks wherin severall pitch-pine trees now standeth & from thence running downe to the pond, one the easterly side or end bounded ptly by the pond & ptly by the Brooke runing into the sayd pond, And over against which sayd runing Brooke one the Easterly side therof ther is & must be six acres of upland (more or less) upon which the sayd farm- houses now standeth: And also the moity or one half pt of a medow called or knowne by the name Squires Medow lying & being within the bounds & Lymitts of Molden; And also a pcell of soult marsh Lying & being in Rumley marsh formerly Purchased of Captaine Robert Bridges Caled by the name of the fourten acre lott (more or less) Bounded one the easterly side of a salt Creeke, & with the lands of Thomas Newell south- east, & with the lands of Samuell Johnson northeast, & with the lands of John Ballard towards the southwest with all the Com- monages, rights, p'vilages & appurtenances to the sayd fairme belonging or in any measure appertaining," each of the children of Mary Greene to receive his or her part at the age of twenty- one years. Postscript: the said Jacob and Mary were to have the use of the whole estate during their lives without dividing with the children. Wit: Richard Prince* and Henry Barthol- mew .* Acknowledged 12 : 11 : 1670, before Wm. Hathorne,* assistant. Recorded 17 : 11 : 1670, book 3, folios 104, 105, by Hilliard Veren,* recorder. William Bartholmewt made void the entail, Dec. 3, 1679, when Jacob Greene, sr., and his wife Mary Greene conveyed this estate to Daniel Hitchins of Linne, which was Sept. 24, 1679. Wit: William Killcupp* and John Greene .* Acknowledged Dec. 5, 1679, before S. Bradstreet,* Governor. Recorded June 15, 1681, book 6, folio 6, by Hilliard Veren,* recorder.


Rates: Mr. Laughton, 7s. 5d .; Will. Longley, 6s. 10d .; John Gillow, 17s. 3d .; Thomas Newell, 14s. 3d .; Thomas Coldam, 9s .; Edmund Needam, 6s. 6d .; widdow How, 1s. 11d .; John Mans- feild, 5s. 8d .; John Fuller, 8s. 11d .; Allen Brade, 19s. 6d .; Robert Mansfeild, 10s. 7d .; Hugh Burt, 5s. 2d .; Andrew Mansfeild, 6s. 3d .; John Ramsdale, 5s. 1d .; Will. Ivory, 7s. 2d .; John Knight, 3s. 1d .; Edward Burcham, 3s. 10d .; Nicolas Potter, 12s. 8d .; James Axe, 7s. 11d .; Will. Knight, 3s. 4d .; Richard Blood, 7s. 5d .; George Keysar, 9s. 11d .; Mr. South, 14s. 7d .;


* Autograph. t Autograph and seal.


400


SALEM QUARTERLY COURT


[Nov.


Anthony Newell, 3s. 5d .; John Deckon, 5s. 5d .; John Witt, 6s .; George Taler, 6s .; Richard Mower, 6s. 5d .; Thomas Wel- man, 3s. 9d .; Edmond Farrington, 15s. 6d .; Adam Haukes, 16s .; Nicolas Battey, 5s .; George Frayle, 4s. 9d .; Mathias Farn- worth, 6s .; Joseph Armitage, 6s. 10d .; Christoper Collins, 5s. 8d .; Jonathan Hudson, 6s. 5d .; Henry Rodes, 5s. 10d .; Thomas Townsend, 4s. 5d .; Edward Baker, 8s .; John Tarbox, 5s. 3d .; Thomas Wheller, 8s. 10d .; Richard Haven, 5s .; mill & houses, 10s .; Francis Engols, 15s. 8d .; widdow Lewis, 16s. 8d .; Will Meriam, 8s. 2d .; Thomas Hutchinson, 38. 6d .; Mickell Lambert, 5s .; Edward Burte, 6s .; Epharime How, 3s. 6d .; total, 33li. 14s. 6d.


Quit claim deed,* dated Mar. 12, 1669-70, from Samuell Benettt of Rumney Marsh, within the township of Boston, for 220li., to William Bartholmew of Boston, merchant, his farm as bounded in the foregoing deed. Wit: Thomas Marshallt and John Hathorne.t Sarah Benit,# wife of Samiell Bennett, June 30, 1677, released her dower. Wit: John Greenet and John .+ Acknowledged by Samuell Bennett, who gave pos- session by turf and twig. Acknowledged by Sarah Bennett, June 27, 1677, before Edward Tyng,# assistant. Recorded in Salem records 17 : 11 : 1670, book 3, folios 103, 104, by Hilliard Veren, t recorder.


Copy from Boston town records by John Joyliffe, t recorder: "the 27th of 11th month 1639, There is granted to M' Thomas Fowle a greate Lott of six hundred Acres."


"At a Generall Court held at Bostine ye 7th of May 1657. In answere to a petition from the Inhabitants of Bostone for lay- inge out the bounds betweene Bostine & lin, It is ordered yt L' Joshua Fisher of Dedham or whome else they should apoynt, shall be & is hereby apoynted to lay out the said bounds & to run a nor norwest line, into the Countrie from the midle of Brides brooke, neere the foote path, to be run by a Maridian Compasse; The proprietie of any lands laid out to the Inhabi- tants of Lin, beinge not disturbed according to agreement."


Copy from the town book of Linn, as entered in the town book of Bostone by John Joyliffe, t recorder: "Coppie of an Agreement of the bounds of Bostone Charles Towne & Linn. Wee whose names are underwritten, beinge apoynted by the Court to setle the bounds betweene Bostone & Linn, haue agreed to run a Nor Norwest line into the Countrie from a tree marked standinge close to Brides Brooke, neere to the foote path," etc. Abraham Palmer, Tymothy Tomlins and John Olliuer.


Copy of Joshua Fisher's return, made by John Fuller, t clerk: "Upon the 12th of Aprill 1669 The Sellectmen of Linne desiring me to Rune sum Lyne in Contrauersy betwixt Mr bennit and


* This deed is written on parchment.


t Autograph. # Autograph and seal.


401


RECORDS AND FILES


1682]


Line Town: and m' king and Line Commons: And between Sallem and Line: The day above mentioned I Came to Line to Capt Marshall Howse: the next day being the 13th of Aprill I went to brides brook with diuers of Line And Trauest the Ground to Maulden Lyne; and went up Malden lyne and sett a lyne from thence parralell To the Lyne that Runs from brids brook upon a square to maulden Lynn wich I found To be Half a mile and tow Rod: but at the first lyne that I Rune from Maulden Lynn Towards Line wee Rane halfe a mile and 8 Rod Allowing the 6 Rod for the uneuennes of the Land that it might be full as Broad there upon the Square from Maulden Lyne as it was at Brides brooke: And upon the 30th of Aprill 1669 I Rane ane Other Lyne Ouer from Maulden Lyne towards Line Lyn half a mile and 8 Rod wher was a heap of stones Raysed aboute a Crochet black oake about 47 Rod from the corner of a dwelling Howse: called the Scochmens Howse the wholl Hows being In Line Bounds: wich is Attested to be done by mee According to my best art and skill."


The foregoing was ratified by Boston, May 16, 1662, provided the selectmen of Line and Mr. Samuell Bennett freed the town of Boston from any further charge, by order of the selectmen, Hezekiah Usher, recorder. Copy made by John Fuller,* town clerk.


Thomas Marshall, aged about sixty-six years, testified in behalf of Lynn that he paid Lt. Fisher for running the line. Sworn in court.


"M" John Gardener of Salem being desired by the Selectmen of Line to Run the bounds betwixt Bostone Charlstown and Lynn uppon a nor norwest lyne from the midle of brides brook uppon the foot-Bridge by Mª Bennitts by a merridian Com- pass he the sayd John Gardener Testified That the farme howse wich they Call Roger Tylers is about one Hundred Or Sixscore Rods within the sayd Lyne and that hows they call Ensigne Bancrofts is about one Hundred or sixscore Rod and the feild they Call Mst Lyndall feild wich Lyeth of to the norwestward of his farme house is wholly with in the same Lyne." This line was run in 1660. Copy made by John Fuller,* town's clark.


"At a generall Towne meeting the 16th last month 1673. It was voted & agreed that noe small tree, or trees shall be fallen uppon the Common, for fier wood Less then a foot over, uppon penaltye of payeing ten shillings for evory such tree or trees any person shall fall for the fire, or Cause to be fallen, as allsoe what green Tree or trees any pson shall fall for the fire alowed of they shall take awaye the bodye as well as the top, but if any pson shall Leaue the bodye, they or hee shall paye ten shillings for evorye such tree, they or hee shall Leaue any part of it, yet it is


* Autograph.


26


402


SALEM QUARTERLY COURT


[Nov.


to be understood that swamp wood is not forbidden, but the Inhabitants maye make use of that, smale & great for their fire & for the due executing this order, any pson in this Towne see- ing this order broken, hee maye require the fine of the pson Transgressing, & if hee shall refuse to paye the fine being de- manded then he shall haue power to take it by waye of distress, & hee to haue one halfe of the fine & the other halfe for the Townse use, & it is to bee understood in this order that if anye pson shall Lop any tree, or trees are Liable to paye the same fine in this order as well as such as Leaue any pt of a tree." Copy made by John Fuller,* town's clerke.


"Att a Towne meetting held 9th first mo. 1657. Itt was votted that noe person or persons whatsoeuer whether tradsman or Any other shall fall any tree or trees oupon the Towns Com- mon to Transport Them out of the Towne whether by making of warrs or Any other way without the Towns consent but If Any person or persons shall make use of any such tree or trees or Any kind of Timber or wood that Groweth oupon the Towns Common Thay shall pay ten shillings for the Towns use for euery such Tree or Any part of it as they shall make use of to Transport it out of the Towne: this 22 nouember 1682." Copy made by John Fuller,* town clerke.


"Att a Generall Towne meeting Holden in Lyn The 7th day of December 1681. Corporall John Burrill was then voatted and made Choys of to Joyn with M' Laughton or Sariant Mans- feeld or Sarient Newhall or Any one of them to deffend the Towns Interest in Common Ether in Land or wood in that part of our Common that lieth betwixt Capt. Walkers Tow hundred Akers that the Town Gaue hime and Leutenant Smiths farm And boston and Lyn linn and that farm Ussially Called Gif- fords farm And any tow of the afoursayd men hau power Giuen them by the Town To Sue Arest and Implead Thomas Brown Senior or Daniell Hichin or Any other parsons that doth In- croach oupon our lands or wood: or to make distres oupon ther Goods or to take any Cours in Law to deffend The Towns Intrest in Common as they shall in ther wisdoms think most meet by pulling down any fences or other things that ar or shall be Erectted oupon the sayd Common: and that from tym to tym untill The Caus be Fully heard and ended: and all the Charg Any tow of the Aboue sayd men shall be att in vindecat- ting the Towns Right In the Abou sayd Common shall be payd by the Town: this 21 of June 1682." Copy made by John Fuller,* town clarke.


Capt. Richard Walker and Capt. Tho. Marshall testified that they settled the Lynn and Reding bounds on Mar. 22, 1652-3, for the two towns, as follows: "the head bound of Lynn next


* Autograph.


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RECORDS AND FILES


1682]


Redding was the Lyne of M' Howels farme now Leiutent Smiths farme with this Consideracon yt all the Lands betwixt the sd head Lyne & Capt. Walkers farme of two hundred acres, which was formerlye Laid out, both the sd Towns were to have free privilidge for feeding for catle & all other privilidges to belong peculiarlye to the Towne of Lynn which was mutuallye & fullye agreed uppon by both Townes," etc. Sworn in court.


At a town meeting, 2 : 11 : 1660, Mr. Thomas Laughton and Thomas Wheeler were appointed to protect by suit or otherwise the town of Lynn in its common land lying toward Boston as the line was run by Mr. John Gardener of Sallem. Copy made by John Fuller,* town clerk.


Lieut. Ralph King, aged about forty-two years, and Sarjant Thomas Newhall testified that they perambulated the bounds with Boston men in 1681, etc. Sworn in court.


John Greene, jr., and Henry Green, both of Maldin, both aged about fifty-four years, deposed that they were tenants on this farm for seven years and paid their rates to Boston. Their lease expired nine years ago the past spring. Sworn in court.


John Paul, aged about fifty-five years, testified that he lived with Mr. Samuell Bennitt upwards of thirty years ago in his house for the term of six years, being most of that time on the farm with him. Bennitt improved it by planting, fencing, plowing and selling timber and wood and carrying coals to the Iron works, etc. Sworn, Nov. 23, 1682, before Samuell Apple- ton,* assistant.


Capt. Thomas Marshall, aged about sixty-six years, and William Bassit, aged sixty-three years, deposed. Sworn in court.


John Bennet, aged about thirty-seven years, deposed that his father, Mr. Samuell Bennett sold the farm that Goodman Hockin now lives in, etc. Sworn in court.


John Giffard testified that when he was agent for Mr. John Becx and company at the old Iron works, he bought of Mr. Samuell Bennett, sr., six or eight thousand cords of wood stand- ing on the stump in 1651-2. This wood he took from Bennett's to cut "from the howse where he then lived (weh is the place that now Danyell Hutchins lives in) a mile and a halfe Compess takeing up reddin way and soe downe to the pond that is Called the Iron workes pond."' Sworn in Boston Nov. 25, 1682, before John Joyliffe,* commissioner.


Benjamin Muzzy, sr., aged about fifty years, testified that he was with the Lynn and Boston men when the line was run, Mr. Bratell being one, etc. Sworn in court.


Thomas Newhall, sr., and William Bassit testified as to the bounds. Sworn in court.


* Autograph.


404


SALEM QUARTERLY COURT


[Nov.


Edward Nealand v. John Kemboll, sr. Trespass. Verdict for plaintiff.


Edward Nealand v. John Kemball, sr. Review. Verdict for plaintiff. Appealed to the next Court of Assistants. Defendant bound, with Phillip Fowler and Tho. Ives as sureties .*


Oliver Purchis, aged about sixty-six years, testified that in 1655 he came as clerk to the old Iron works at Lyn and contracted with old Mr. Samuell Bennett of Boston, now surviving, who dwelt upon that farm now called Mr. Green's or Hutchins' farm for thousands of cords of wood and timber, etc. Sworn in court. *Writ: Edward Nerland v. John Kimball, farmer in Ipswich; review of a case heard at Ipswich court Sept. 27, 1681; for- feiture of a bond in not standing to agreement concerning partition of their lands; dated Nov. 22, 1682; signed by Robert Lord,t for the court and town of Ipswich; and served by Robert Lord,t marshal of Ipswich.


Edward Neland's bill of cost, 2li. 16s. 6d.


John Kimball's bill of cost, 4s.


Caleb Boyington, aged thirty-two years, and John Jeuit, aged forty years, testified that they being at Edward Nerland's house, Mar. 20, 1681, said Jeuit and his son set up fence on a straight line from a knot in the log fence to a willow bush, which Good- man Hadly said was a line agreed upon by Capt. Whipple and Nathll. Wells. They saw John Kimball pull down the fence and Nerland warned him to secure his field, etc. Sworn, July 24, 1682, before Daniel Denison.t


Caleb Boynton, aged about thirty-two years, testified that Goodman Hadley and Nerling told them the bounds. Sworn, Nov. 24, 1682, before Samuel Appleton, t assistant.


Josiah Clark testified that riding with Nathanill Wells to Nubry he told him that he and Capt. Whipple had agreed about the line. Later he told deponent that he was informed that Kimball had blazed an ill report of him to Simon Stace, etc. Sworn, Apr. 25, 1682, before Daniel Denison.t


John Jewit,t aged forty-five years, testified that when they had set up five or six lengths of five-rail fence, John Kimball ordered them off his ground and said no fence should stand there. Gorg Hadly showed the line and Kimball pulled up the stakes, saying that the fence should be where he had set it, which was two or three rods nearer to Nerland's barn, etc. Caleb Boynton testified to the same.


Joseph Metcalf,t aged twenty-two years, testified that Kim- ball fenced in the land this summer. Sworn Nov. 24, 1682, before Samuel Appleton, t assistant.


t Autograph.


--


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RECORDS AND FILES


1682]


John Burnum, jr. v. John Downing. Review. Verdict for plaintiff, reversion of the former judgment .*


George Hadley and John Jewit testified that they were at Hadley's house when Nerland asked Kimball to run the line, etc. Sworn, June 24, 1682, before Daniel Denison.t


Georg Hadly and John Jeuit testified that Nerland asked Kimball to run the line of the fence between them that they might live like Christians. Sworn June 24, 1682, before Daniel Denison.t


John Whipple testified that he and Nathaniell Wells agreed as to the settlement of the differences, but Simon Stace would not consent. Wells came to deponent's house about six weeks before his death, etc. Sworn Apr. 25, 1682, before Daniel Denison.t


James How, aged about forty-eight years, testified that he was with the arbitrators, etc. Sworn Nov. 25, 1682, before Samuel Appleton, f assistant.


John How testified that he was with the arbitrators, who went away saying that they would not meddle with it any more. Sworn in court.


Edward Deare, sr., and Edward Deare, jr., testified that they saw John Kimball, jr., carry hay off this land to John Kimball, sr.'s, barn last July. Sworn in court 27 : 7 : 1681, at Ipswich, and copy made by Robert Lord, t cler.


*Writ: John Burman, jr., son of Ensign Burnam v. John Downing; review of an action tried Sept. 26, 1682, at Ipswich court; dated 13 : 8 : 1682; signed by Robert Lord,t for the court and town of Ipswich; and served by Robert Lord, t marshal of Ipswich.


Copy of papers in relation to this case in Ipswich court, Sept., 1682 and 1662, and Salem court, June, 1663, made by Robert Lord, t cleric.#


John Burnam's bill of cost, 3li. 13s.


Thomas Burnam, aged about thirty-nine years, testified that about twenty years ago he and John Marshall, who was then proprietor of Richard Brabrookes farm, went and mowed a part of the marsh now in controversy for common marsh and stacked the hay there. Later he carried away the hay. Also his uncle John Burnam mowed the marsh next the lot called Deacon Knowlton's lot, which is part of the Brabrooke farm, for common marsh. His uncle John Burnam set one stack of hay upon the end of the Island by the pitch pine and another stack upon the hummock of rocks which was the bound between Deacon Knowlton's lot and the marsh called common marsh. Sworn Nov. 9, 1682, before Samuell Apleton, f assistant.


t Autograph. ¿ See ante, volume 5, page 127.


406


SALEM QUARTERLY COURT


[Nov.


"At a generall towne meeting feb. 16, 1663 Voted and granted to M' Cobbitt a parsell of common marsh beyond Chebacho River below the marsh of Robert Crose & Richard Brabrooke to the River, which is also in satticefaction for M' saltonstalls highway through his Farme." Copy from the Ipswich town book made by Robert Lord,* recorder.


Marshal Lord testified that the grant to the pine tree and the hummock of rocks and so to the creek, is what his father Lord laid out and it does not belong to John Downing, etc. Sworn in court.


Copy of deed, dated Oct. 20, 1669, from Richard (his mark) Brabrooke of Ipswich, yeoman, in consideration of a marriage intended between John Downing of Ipswich and his daughter Mehittabell Brabrooke, to said John and Mehittabell, one-half of the farm he now dwells in, on the south side of Jubque river in Ipswich, "reserveing and reteineing six acres of marsh the bene- fitt whereof I have apoynted in tyme to come to be transfered unto my Farme at wenham and threscore pine loggs allredy fallen, within the bounds of the farme I now live in to be only excepted;" they were to have the use of part of the dwelling house and barn and all other buildings, provided that during the life of said Richard and his wife Joane they carry on the farm, and if they pay 100li. before the death of said Richard and Joane they were to possess the whole farm. Wit: William White and John (his mark) Pinder. Acknowledged Nov. 3, 1669, before Daniell Denison. Copy from the records of lands for Essex, liber 3, page 143, by Robert Lord,* recorder.


Copy of deed, dated Sept. 14, 1677, from Thomas (his mark) Cobbet, pastor of the Church of Christ at Ipswich, and Eliza- beth Cobbet, for 40li. in New England money, pork, wheat and malt, to John Burnam, jr., marsh on the east side of Jubaquo river, bounded by Deacon Pengry and Robert Lord, sr. Wit: John Rogers and John Denison. Acknowledged Mar. 22, 1680, before Daniell Denison. Copy made by Robert Lord,* recorder.


Copy of deed, dated May 29, 1656, from Edward Harraden of Ipswich, for 114li., to Richard Brabrooke of Ipswich, all the house and lands he bought of John Andrews and John West and land he bought of Thomas Knowlton, administrator of the estate of his brother William Knowlton, and what he had of the town, 150 acres in all, in Ipswich beyond Chebaco river, bounded by John Burnam's land on the southwest, the line that divides between Gloster and Ipswich on the southeast, the land of John West on the northeast and marsh of William Whitred and other broken marsh on the northwest. Wit: Robert Lord and Henry Kingsbury. Sarah, wife of Edward Harraden, released her dower Mar. 29, 1669. Recorded in Ipswich records, book 3, * Autograph.


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1682]


RECORDS AND FILES


Withein Wheatridge.


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Carrilm &T


Roffert Groupe forma


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Clo back River


407


408


SALEM QUARTERLY COURT


[Nov.


folio 145. Acknowledged May 2, 1671, before Daniell Denison. Recorded May 3, 1681, in the records of lands for Essex at Ipswich, book 4, page 397. Copy made by Robert Lord,* re- corder.


Copy of deed, dated Jan. 14, 1655, from Thomas Knowlton of Ipswich, shoemaker, and Elizabeth Knowlton, for 34li., to Edward Haraden of Ipswich, in cattle and wheat, all the house and lands sometimes in the possession of his brother William Knowlton, lately deceased, about 30 acres in Ipswich, joining a piece of upland belonging to John West on the east, upon Edward Harraden's land on the west, and Chebaco river on the north; six acres of said marsh was purchased of the selectmen of Ipswich. Wit: James Chute and Francis (his mark) Swan. Acknowledged Nov. 14, 1682, before Samuell Appleton, assist- ant. Elizabeth Knowlton, late wife of William Knowlton, deceased, released her dower, Jan. 14, 1655. Sworn by James Chute, sr., one of the witnesses, Nov. 15, 1682, before Samuell Appleton, assistant. Recorded among the records of lands for Essex at Ipswich, book 4, page 483.


Deacon Knowlton and Robert Lord, sr., deposed that there being six acres of marsh sold to Deacon Knowlton in behalf of his brother William Knowlton by the town of Ipswich, it was laid out to said William next his land below his lowest island, from a pine tree at the point of the island down to a hummock of rocks, and then butting against a creek called Harraden's creek up to the said island. Nicholas Marble testified to the same. Robert Lord and John Gage, lot layers, testified. Sworn Nov. 25, 1682, before Samuel Appleton, * assistant.


Benjamin Marshall testified that about twenty-five or six years ago he lived upon the farm that John Downing now lives upon with his brother John Marshall and Edward Marshall, which farm was then Richard Brabrok's. He lived there eleven or twelve years and the bound on the north was a line from a pine tree to Nicoleses creek and bounding that creek to the Chebaco river and by Hariden's creek on the other side to the river. There was only some difference between his brother John and Robert Cross about the line from the pine tree to Nicoleses creek, otherwise they were unmolested. Sworn Nov. 25, 1682, before Samuel Appleton, * assistant.


Thomas Varney, aged about forty-three years, and William Butlar, aged about thirty years, testified that Burnam mowed and carried away grass and thatch. Sworn Nov. 27, 1682, before Samuel Appleton,* assistant.


Edmand Marshall and Benjamin Marshall testified that the line bounded Nicholeses creek to Hog Island river, etc. Sworn 21 : 9 : 1682, before Robt. Pike,* assistant.


* Autograph.


1682]


RECORDS AND FILES


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