USA > Massachusetts > Essex County > The Indian land titles of Essex County, Massachusetts > Part 4
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Thier hiers Executors adm's and afsigns in peaceable & quiet pofsefsion for Euer freely and Cleerly acquitted releafed & dis- charged of all & from all manner of Claims & demands what- soeuer and further I ye Said Samuel English doe hereby Coue- nant promife & grant to & with ye Said Select men in the behalfe of sd Towne that at and vntill ye Enfealing & delivery of thefe psents I had good right full power & lawfull author- ity to grant & Convey ye abouesaid premifes with ye apurte- nances and Every part Thereof as aforesaid it defcending to me from Mafchanomett Sagamore as aforesaid & I ye Said Samuel English shall & will for Euer hereafter fully & freely releafe & relinquish my whole right & Title therevnto & Euery part thereof hereby binding my Selfe hiers Executors admrs for Euer to defend ye Said Select men and The Towne of sd Newbury in their pofsefsion of all the aboue granted & Specified premifes & thier hiers for Euer from ye Lawfull Claimes of all manner of perfons whatsoeuer in any manner of wife In Witnefe whereof I The Said Samuel English haue herevnto Set my hand & Seale This Tenth Day of Jan'y Seuenteen hundred alias Seuenteen hundred & one & in the Twelfth yeare of ye Reign of our Soueraign Lord William ye third King ouer England &c.
Signed Sealed & Delivered
in prsence of vs Signum ENGLISH & Seale
JOSEPH FFOSTER SENR
SAMLL
MOSES PARKER
JONA FFAIREBANK
Samuel English ye Suruiuing hier of ye Mafconomet ye Sagamore of Agawam appeared before vs ye Subfcribers ye Tenth day of January in the Twelfth yeare of his Majties Reign Annoq Domini 1700/1 & acknowledged This aboue written Instrument to be his act & deed before vs.
DANIEL PEIRCE Justices of ye peace
THOMAS NOYES
THE CONVEYANCE OF NAHANT
POQUANUM, sachem of Nahant, had a complexion much darker than the other Indians of that locality, and for that reason was called Black Will. He was also known as Duke William. In or before the year 1632, he conveyed the peninsula of Nahant, for a suit of clothes, to Thomas Dexter, who lived near the ironworks on Saugus River. He was known as Farmer Dexter. There is no record of any deed in confirma- tion of this sale, and most that is known about it is contained in the affidavits on file in the office of the clerk of courts, at Salem, in a suit at law brought by Mr. Dexter against the town of Lynn for trespass in feeding cattle and building houses on Nahant. This was in the year 1657."
1 Christopher Lindsey deposed as follows : -
" This I Chriftopher Linfie doe teftifie that Thomas Dexter bought Nahant of Blacke will or duke william & Imployed me to fence pte of itt when I liued wth Thomas Dexter
" This is A coppie of an oath taken before me ffra: Johnfon Comiffioner 15th : 2mo : 1657
" memorand: Lindfy denyed in court that he was euer prefent at any bargaine &c."
William Winter deposed as follows: -
" The teftimonie of william winter Aged 73 years or theirabouts, Teftifieth that Black will or duke william foe Called came to my houfe ( wch was two or three miles from Nahant) when Thomas Dexter had bought Nahant of him for a futt of Cloths, the faid Black will Afked me what I would give him for the Land my houfe ftood vppon, itt beinge his Land, and his ffathers wigwame ftood their abouts, James Sogomore & John, & the Sogomor of Agawame & diuers more, And George Sogomer beinge a youth was prfent all of them acknowlidginge
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Poquanum was always friendly to the English, and his end was sad as well as tragical. He was found at Richmond's Isle, near Portland, Maine, by a party who were in search of pirates, and they charged him with the murder of Walter Bagnall, who had been killed by Indians a year or two before. He was un- doubtedly guiltless of the crime, but one Indian was the same as any other Indian, and he was hanged. He had several children, - Ahawayet, who married Wenepoykin, Queakussen, who was also called Captain Tom, or Thomas Poquanum, and lived at Wamesit," near Pawtucket Falls, and a daughter who married Sagamore George.
Black will to be the Right owner of the Land my houfe ftood one & Sogomor hill & Nahant was all his and further faith not
" This is A Coppie of an oath taken before me ffra: Johnfon Comiffioner 15th 2mo 1657"
- Salem Quarterly Court Files, book 3, leaf 118.
I See his deposition on pages 8 and 9.
Deed from Joane Quanapohkownat and others to Capt. Samuel Ward and another, trustees for the proprietors of the town of Marblehead, of the territory of Marblehead, dated July 18, 1684. Reproduced about one-fourth of the size of the original, which is on parchment and framed and hung on one of the walls in the office of the town clerk, in Abbot Hall, Marblehead.
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THE DEED OF MARBLEHEAD
IN the Indian court held at Natick August 15, 1672, Ahawton, of Punkapog,' aged about seventy, the native ruler of that town of praying Indians, and an old and faithful friend of the English, stated under oath that he knew that George with No Nose was sagamore of the Marblehead territory, and as such, according to the ancient custom of the Indians, he was the chief proprietor ; and James Quanapohkowmet was a near kinsman to George with No Nose and inter- ested in that territory. On the same day, in the same court, George with No Nose and his kinswoman, Jone Quanapokwait, appeared and agreed and declared that all the right of the Sagamore to the territory should belong to James to dispose of, and George with No Nose agreed to join with James in a deed of it, pro- viding he had one half of the consideration.
June 10, 1681, Wayband and Piam Bowhow, Ind- ians, each aged about seventy-seven, appeared before Daniel Gookin, Sr., an assistant, and under oath nar- rated the events stated in the preceding paragraph.2
I Stoughton, Massachusetts.
2 " Old Ahaton of Punkapog aged about Seaventy years affirmeth apon his oath yt he Knows yt George Saggamore wth no nose was Saggamore of yt place, where marblehead is seated, & according to ye old Indians Custome he ye sd George Saggamore was cheife proprietor of those lands att marblehead, yet moreover he knows yt James Quana- pohkowat is neer Kinsman to ye sd Saggamore & is also interested in those lands Sworn in ye Court att natick ye 15: 6th mo: 1672 attested by Dan" Gookin affistt:
" Wayband aged Seaventy Seaven years & Piam Bowhow aged
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Later, James and some other Indians made a claim to the territory of Marblehead ; and a meeting of the commoners and proprietors of the town was held July 14, 1684, to consider the matter. It was agreed that a committee be appointed to investigate the claim. This committee consisted of Moses Maverick, John Devereaux, Captain Samuel Ward, Thaddeus Riddan, William Beal, Thomas Pitman, Richard Read, and Nathaniel Walton, together with the selectmen of the town. It was also voted that, in case the committee reported that any part of the claim was valid, Captain Ward and Mr. Devereaux be authorized to settle with the Indians and obtain a deed from them. At the same meeting it was also voted that whatever was paid to the Indians for their deed and the necessary expenses of the service of the committee would be repaid to them.1 about Seaventy Seaven years doe apon yr oathes affirme to ye truth of ye above written testimonie ye Ioth of June 1681 before Dan11 Gookin sr Assistant
"Georg. Sagamore wth no nose appeared in ye Court held at Natick among the Indians ye 15th of 6 month 1672 & also there ap- peared Jone Quanopokowait Kinsman to ye sd George they both agreed & declared in open Court yt all ye right of George Saggamore in the Lands of Marblehead of Antient tyme, George he Consents yt : James shall have it, dispose of it & he will joyne wth him, to make ye deed for it apon Condition yt Georg Saggamore is to reseeve one moiety of ye paye & ye : other Contraly to reseeve ye other half Don in Court att Natick ye 15 of august 1672
" as Attest DANLL GOOKIN
"These are Copies taken out of ye Courts records att Natick this 19: of June 1684 as Attest:
" DANIELL GOOKIN SR Assistant" - Essex Registry of Deeds, book 7, leaf 8.
I " Julie 14th 1684
" Att a metting of the Comoners and proprietors legally warned
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Apparently, James convinced the committee that he had a claim, as Messrs. Ward and Devereaux paid him and his associates fourteen pounds and thirteen shillings for the release of their title to the territory.
Of this committee, Moses Maverick was a mer- chant, and lived in Marblehead as early as 1637. John Devereaux was a fisherman, and with Mr. Maverick, was of the first board of selectmen, in 1648. Captain Ward was a vintner and cooper, and had lived there for a score of years at least. Thaddeus Riddan was a merchant, having moved from Lynn to Marblehead ten years or more previously. William Beal had lived there as long as Mr. Riddan. Thomas Pitman was of Marblehead when it became a town, in 1648. Richard Read was a fisherman, and well along in years ; and Nathaniel Walton was son of Rev. William Walton, the pastor of the church for many years, who had died sixteen years before this transaction.
The Indians who became parties to the deed were upon ocation of Jaems the Indeon and sume other Indeons pretending a title and Claime to the township of marblhed:
" it is votted and agread to by generall consent that Mr Mosis Maverick mr John Deverix Capt Samll Ward mr Thedeous Riddan William Beall Thomas Pittman Richard Read and Nathanill Waltown be Joyned as a Comittee with the present Select men of the Town to mack Inquierie into the saied afaiere and sarch after the pretended Claieme and truth of thear title and upon finding any Reallytie in such pretence doe authorieze and Impower Captin Samll Ward and mr John Deverix to compound and agre upon Resonabl Terms with the saied Indeons taking a ferme deed which may be vallued in law from them and macke Returne of the saeme Engaging to Reimburs to the aforesaid parsons what ever thay shall engage in the matter and defray all thear nesesarie expense about the same and stand to the agreement the afor- said parsons shall make in and about the saied afaiere."
- Marblehead Town Records.
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Joane Quanapohkownat, the widow of John Quana- pohkownat of Natick, James Quanapohkownat, called by the English James Rumney Marsh, Israel Quana- pohkownat, James' eldest son, Sarah Quanapohkow- nat, James' daughter, all of Natick, Joane Ahaway- etsquanie, widow of George, the sagamore, otherwise named Wenepawweekin, of Chelmsford, and their daughters Susannah and Sarah Wenepawweekin, David Nonoponowgo, John Tonotoughoquonug, grand- children of said Sagamore George.
The committee agreed with the Indians quickly, as the town meeting was held July fourteenth and the deed was prepared and executed on the eighteenth. After the deed was drawn and signed, Joseph Quan- apohkownat, otherwise called by the English Joseph English, a grandson of John Quanapohkownat, de- ceased, mentioned in the deed, came in and signed an addition to the deed, in which he released his interest in the territory of Marblehead, acknowledging it with the others.
The following is a copy of the deed transcribed from the original instrument, which hangs in a frame on one of the walls in the office of the town clerk in Abbot Hall, Marblehead, and is herewith reproduced. It is recorded in the Essex Registry of Deeds, book 7, page I.
To all People to whome this present Deed of Sale fhall come Joane Quanapohkownat relict Widdow of Old John Quanapohkownat of Natick within the Colony of the Mas- sachusetts Bay in New England decd James Quanopohkow- nat als James Rumny Marsh and Israel Quanapohkownat eldest Sonne of the sd James Sarah Quanapohkownat daugh- ter of the sd James all of Natick, Joane Ahawayetsquaine
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The four kinds of impressions used upon the wax seals of the deed of Marblehead. Reproduced same size as the original.
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relict Widdow of George Saggamore als Wenepawweekin late of Chelmsford in New England afforesaid decd Susan- nah and Sarah Wenepawweekin Daughters of the sd George Saggamore David Nonoponowgo John Tonotoughoquonug Grandchildren of sd George Saggamore decd Send greeting Know yee that the sd Jone Quanapohkownat James Quana- pohkownat Israel Quanapohekownat Jone Ahawayetsquaine Susannah and Sarah Wenepawweekin David Nonoponowgo John Tonotoughoquonug for and in consideration of the Summe of Sixteene pounds Currant money of New England to them in hand paid at and before the Ensealing and de- livery of thefe presents by Cap Samuel Ward and John Devorex of Marblehead within the afforesd Colony in New England Merchants as Trustees for the proprietors in and Purchasers of the Towneship of Marble head well and truely paid the receipt whereof they doe hereby acknowledge and themselves there wth to be ffully satisfied and contented and thereof and of every part thereof doe hereby acquitt Exoner- ate and discharge the said Samuel Ward & John Deverex as Trustees abovesaid their heirs Executors and Adminis [tra]- tors as also all the rest of the Purchasers and Proprietors of sd Towneship of Marblehead and eache and every of them for ever by these presents have given graunted bargained Sold aliened Enfeoffed and confirmed and by thefe presents Doe ffully freely cleerly and absolutely give grant bargaine, Sell aliene Enfeoffe and confirme unto them the sd Samuel Ward and John Devorix as Trustees abovesaid and to their heirs and afsignes for ever to and for the Sole ufe benefitt and behoofe of the Proprietors in and Purchasers of the Towneship of Marblehead afforesaid All the said Town- shipp of Marblehead viz As well the Great Neck as the Land on Marblehead side being butted and bounded partly wth the River and seas from a Certain place comonly called and knowne by the Name of Forrest River Bridge to a place called Beavour brooke and partly by Land belonging to the Towne of Salem : or howsoever the sd Towneship or
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any part or parcell thereof is butted and bounded or reputed to be bounded Together with all houfes Ediffices buildings Lands Yards orchards Gardens Meadows Marshes, ffeedings Grounds Rocks Stones beach fflatts pastures ffences Com- mons Comons of Pasture ; woods underwoods Swampes waters water courses damms ponds headwares ffishings ffowlings wayes Easements proffitts priviledges rights commodityes Emoluments Royaltyes Hereditaments and appurtenances whatsoever to the said Towneship of Marblehead and other the premifes belonging or in any wise appertaining or there- wth now vfed occupied or enjoyed as part parcel or member thereof : and also all rents Arreareages of Rents Quitt Rents Rights and appurtenances whatsoever (nothing Ex- cepted or reserved) And also all Deeds writeings and evi- dences whatsoever touching and concerning the premifes or any part or parcel thereof To Have and to hold all the said Towneship of Marblehead viz as well the Great Neck as the Lands on Marblehead side butted and bounded as abovesd with all other granted premises with their and every of their rights members and appurtenances and every part and par- cell thereof hearby granted bargained and Sold or ment men- tioned or intended to be hereby granted and Sold unto the sd Samuel Ward and John Devorex as Trustees abovesaid and to their heires and Afsignes forever to and for the Sole use benefitt and behoofe of the Proprietors in and Purchasers of the said Towneship of Marblehead : And the said Jone Quanapohkownat James Quanapohkownat als James Rumny Marsh Israel Quanapohkownat Jone Ahawayetsquaine Su- sannah and Sarah Wenepawweekin David Nonoponowgo and John Tonotoughoquonug for themselves their heirs Executors & admrs joyntly Severally and respectively doe hereby covenant promise and graunt to and wth the sd Sam- uell Ward and John Devorix as trustees abovesd & their heirs heirs and Afsignes on behalfe of the Proprietors and Pur- chasers of the said Towne of Marblehead in manner and forme following (that is to Say) that at the time of this pre-
-
Cuma: St: Jone Etnawaypts quant in this promed of y aller y' alarme was fiil road
Lone nanoph kownatt James ananeph bereit 14 mi Susannah tienspowerful and Jeseph attanopinionat
Henry
Suwithout ury Butholmon Live
L Eller Moody givento
Attestation of the witnesses to the deed of Marblehead, written on the reverse. Reproduced about same size as the original.
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sent bargain and sale and untill the Ensealing and delivery of these presents they and their ancestors were the true sole and Lawfull owners of all the afforebargained premifes And were Lawfully Seized of and in the Same and every part thereof in their owne proper right : And have in themselves ffull power good right and Lawfull authority to grant Sell convey and Afsure the Same unto the said Samuel Ward and Jnº Devorex As trustees abovesaid their heires and Afsignes for the ufe abovesaid as a good perfect and absolute Estate of Inheritance, in ffee Simple without any manner of Con- dition revertion or Limmitation whatsoever fo as to alter change defeate or make void the Same. And that the sd Sam- uell Ward and John Devorix as Trustees abouesaid their heires and Afsignes for the use and benefit of the Proprietors and Purchasers of the afforefd Towneship of Marblehead Shall and maye by force and vertue of thefe presents, from time to time and at all times forever hereafter Lawfully peaceably and quietly have hold use occupie possess and Enjoy the abovegranted premifes with their appurtenances and every part and parcell thereof free and cleere and cleerly acquitted and difcharged of and from all and all manner of former and other gifts grants bargaines Sales Leases Mort- gages Joyntures dowers Judgements Executions fforfeitures and of and from all other titles troubles charges and Incum- brances whatsoever had made committed done or Suffered to be done by the faid Jone Quanapohkownatt James Quana- pahkownat als James Rumney Marsh Israel Quanapohkownat Jone Ahawayetsqvaine, Susannah & Sarah Wenepawweekin David Nonopownowgo John Tonotoughoquonug or either or any of them their or either or any of their heirs or afsignes or by their or either or any of their ancestors att any time or times before the Ensealing hereof. And farthur that the sd Jone Quanapohkownat James Quanapohkownat als James Rum- ney Marsh Israel Quanapohkownat Jone Athawayetsquaine Susannah and Sarah Wenepawweikin David Nonoponowgo John Tonotoughoquonug their heirs Executors and Aadminis-
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tratrs joyntly and Severally Shall and will from time to time and at all times forever hereafter warrant and defend the above graunted premifses with their appurtenances and every part and parcel thereof unto the said Samuell Ward and John Devorix Trustees as abovesd and to their heires and Afsignes forever to and for the Sole use & benefitt of the proprie- tors and purchasers in and of the said Towneship of Marble- head against all and every person and persons whatsoever any wayes Lawfully claimed or demanding the Same or any part or parcell thereof And Laftly that the said Jone Quana- pohkownat James Quanopahkownatt als James Rumney Marsh Israel Quanapohkownat Jone Ahawayetsquaine Susan- nah and Sarah Wenepawweekin David Nonoponowgo John Tonotoughoquonug or either or any of them their or either or any of their heirs Execrs or Admrs Shall and will from time to time and at all times hereafter when thereunto re- quired at the cost and charges of the said Samuel Ward and John Devorex their heires or Afsignes or the purchasers and proprietors of the sd Towneship of Marblehead doe make acknowledge Execute and Suffer all and every Such ffarther act and acts thing and things afsurances and Conveyances in the Law whatsoever for the further, more better suerty and suremaking of the abovesd Towneship of Marblehead with the rights, hereditaments and appurtenances above by thefe presents mentioned to be bargained Sold : unto the sd Samuel ward and John Devorix Trustees as abovefd and to their heires and afsignes for the use afforefd as by the sd Samuel Ward and John Devorix Trustees as abovesd their heires or Afsignes or sd Proprietors or by their Council Learned in the Law Shall be reafonably devifed advised or required. In Witnefse whereof the sd Joane Quanapohkow- natt als James Runnymarsh Israel Quanapohkownat Jone Ahawayetsquaine Susannah and Sarah Wenepawweekin David Nonoponowgo John Tonotoughoquonug have here- unto Sett their hands and Seales the Eighteenth day of July Anno Dom One Thousand Six hundred Eighty and ffoure
Joseph Iran Thenet!
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Release of Joseph Quanophkownatt of his interest in the territory of Marblehead, written on the reverse of the deed of Marblehead. Reproduced same size as the original.
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Annoq Regni Regis Caroli Secundi Anglia & tricefsimo Sexto
the mark of JAMES QUANOPHKOWNATT
JAMES [SEAL]
Als JAMES RUMNY MARSH the marke of
JONE QUANOPHKOWNATT [SEAL]
the marke of
[SEAL]
WILL
[SEAL]
JONE AHAWAYETSQUAINE
the mark of
[SEAL]
SUSANNAH WENEPAWWEEKIN
the mark of
[SEAL]
SARAH WANAPAWEQUEN
his mark
ISRAELL
QVONAPAKANATT [SEAL]
[SEAL]
Signed Sealed and Delivered by Jone Quanophkonatt James Quanophkownatt als James Rumney marsh Jone Aha- wayetsquaine Susannah Wenepawweekin and Joseph Quan- ophkownatt in the presence of us after ye Same was firft read :
HENERY BARTHOLMEW JUNR GEORGE MONCK ELIEZER MOODY Servt to JOHN : HAYWARD Noty Public.
Know all men by these presents that I Joseph Quan- ophkonatt als Joseph English Grandson of the within men-
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tioned old John : doe give grant and confirm unto the within mentioned Truftees and their heires for ever for ye ufe within mentioned all my right title Intereft claime property and demand of in and to the Townefhip of Marblehead within named: as Witnefs my hand and Seale the daye and yeare Within written
the marke of [SEAL]
JOSEPH QUANOPHKONATT
als JOSEPH ENGLISH.
This Instrument was acknowledged by Jone Quanoph- kownatt James Quanophkownatt als James Rumney marfh Jone Ahawayetsquaine Susannah Wenepawweekin, and Jos- eph Quanophkownatt to be their acts and deeds this Eight- eenth day of July 1684 before
S. BRADSTREET Goun'
There are four different kinds of seals, impressions in wax, attached to the deed, and they are shown here- with. The interpretation of the designs is left to the individual reader. They were probably impressed by stamps in the possession of the scrivener and were not personal seals of any party to, or person con- nected with the execution of, the instrument.
This deed was probably executed before the gov- ernor in Boston, as the committee charged for their time in Boston, and all the witnesses were residents of that town. Henry Bartholmew was son of Henry Bartholmew, a merchant of Salem, where Henry was born in 1657. At the time he witnessed this deed he was twenty-seven years of age. George Monck was a young man, about thirty years old, probably from Navestock, Essex, England, and a vintner at the Sign of the Blue Anchor. It was probably at his tavern
a très enstrument was acknownaque by done Inanoph how it Jamos nanoph how alt of forward Rumnay march gong CHhansayobanane Susannah Won paw workman's lhes 89 21 Harmony douan 41.50 thousacts and doods this ciniento day of quinny 1684
Acknowledgment of the deed of Marblehead, written on the reverse. Reproduced same size as the original.
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that the committee and Indians were entertained while in Boston. Eliezer Moody was a young man, and, as he states after his signature, a servant of John Hay- ward, the notary. Mr. Hayward was under middle age and a scrivener, and the beautiful penmanship displayed in this deed is undoubtedly from his quill.
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