USA > Massachusetts > Essex County > The Indian land titles of Essex County, Massachusetts > Part 5
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Governor Simon Bradstreet, before whom the sev- eral Indians appeared, was at this time over eighty years of age. He was one of the substantial and able supporters of the colony. He was a native of Hor- bling, Lincolnshire, England. His father, a non-con- forming minister, died when Simon was fourteen, and the boy then spent a year in study at Emmanuel College. He subsequently resided as a steward in the family of the Earl of Lincoln, and later with the Countess of Warwick. His first wife was Anne, daughter of Governor Thomas Dudley, and noted as the first American poetess. She had died, and he was living in Salem with his second wife Anne, widow of Captain Joseph Gardner, and sister of Sir George Downing. He was the first secretary of the colony. He held that office thirteen years, and was an assist- ant forty-eight years, deputy-governor five years and had been governor for five years. In 1661, with Mr. Norton, he was sent by the colony to England to congratulate Charles II on the restoration and to secure their charter privileges, in which purposes they were successful. He was puritanic in his religion, and persecuted the Quakers so severely that Bishop, in his "New England Judged by the Spirit of the Lord," called him "a man hardened in blood and a cruel persecutor." He was a just magistrate, judged by his times, possessing prudence, sound judgment, and
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strict integrity. Believing fully in his mission, he sought usefulness rather than popularity.
Messrs. Ward and Devereaux made report of what had been done, and that the deed had been recorded, at a general meeting of the commoners and proprie- tors, probably August 6, 1684. The committee pre- sented the following bill of the cost and expense connected with the securing of the release : -
August 6th 1684. The Comoners and proprietors of marblehead aere Dr
by Soe much paied the Indeons for the purchase
of the Township as apears by a deede under thear hands 14 13 00 by soe much expended at boston about the Indeons and for a ded of saell and other Charges 02 13 00 by soe much for a Jornie to Salem to boston waietting 4 dayies and 2 daies at hom 02 00 00 paied m' John Deverox for time and expenc at boston about the Indians 01 18 06
for Carieng the dede to Salem and expenc 00 00 00
paied mr gerish for Recording the Indeon deede 00 10 09
The whole sum was twenty-one pounds, fifteen shillings, and three pence. To raise this money, it was voted to assess it upon the commoners and proprie- tors, according to each man's proportion of the privi- lege in the township. It was reckoned and ascertained that the proportion was nine pence per cow and should be payable in money.' The committee appointed to
' " Att a generall metting of the Comoners and proprietors of mablhed upon Report of Samll Ward and mr John Deverix that ac- ording to the towns order thay have agred with the Indeons that laied Claiem to our township as will more partickularlie aper by a ded of saelle under ther hands and sealls
" the town for the defraieng the Charg of the above mentioned
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ascertain the share were Samuel Cheever, Samuel Ward, Thomas Pitman, Nathaniel Walton, and the selectmen.
premises have Impowred mr Samuell Chevers Samuell ward Thomas Pittman and Nathanill Walltown to Joyn as a Comittee with The Select men to proportion each mans part acording to his privellidg in saied township and thay proportioning by Cows leases fiend it to amount to nien pence pr Cow in mony."
- Marblehead Town Records.
LYNN DEEDS
THE time of securing the deeds of the territory of Lynn from the Indians (1686) indicates that the de- mand of the crown for the return of the charters of the colonies was in the minds of the people. Though Governor Andros had no regard for the signature of an Indian, their deeds might embarrass him in the execution of his plans. The inhabitants of Lynn were careful to secure all means that they could to sub- stantiate their claim to the soil ; and therefore obtained a release from the Indians. This is suggested by the answer made by Rev. John Higginson to Governor Andros, in March, 1689, when the latter asked him if New England was the king's territory. Mr. Hig- ginson replied that it belonged to the colonists, be- cause they held it by just occupation and purchase from the Indians.
The first of these deeds is a release of the territory lying partly in Lynn and partly in Boston, as the country was then divided, and bounded westerly by the land of the late Captain Thomas Brattle, north- erly by the hills next the Plough Plain, southerly by Saugus River, and easterly by land of John White and land in the tenure of Samuel Appleton. The deed was recorded October 9, 1686, in the Essex Registry of Deeds, book 7, leaf 88, and is as follows: -
To all Christian People to whom this present deed of Sale Shall come James Rumney Marsh of Natick and Dauid Son & Right hier of Sagamore Sam: an Indian belonging to Wamefick in New England Send Greeting Know ye that
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ye Said James Rumney Marsh and Dauid Indians for a Val- uable Confidecon to them in hand att & before ye Enfealing and delivery of Thefe presents by Daniel Hutchin of Linn in New England aforesaid well & truly paid ye Receipt whereof they do hereby acknowledge and themselues there- with fully Satisfied and Contented and thereof & of Euery part thereof do acquit Exonarate and difcharge ye Said Daniel Hutchin Sent his hiers Executors administrators and afsignes for Euer by thefe presents haue giuen granted Bar- gained Sold aliened Enfeoffed and Confirmed and by Thefe Psents Do fully freely Clearly & absolutely giue grant Bar- gain Sell alien Enfeoff and Confirm vnto him ye Said Daniel Hutchin Sent his hiers and afsignes for euer all that thier Tract or parcell of land Lying & being partly within ye Township of Linn and Partly within ye Township of Bos- ton being butted and bounded on ye West Westerly by ye land of ye late Capt Thomas Brattle Deceafed north with ye Hills bounding yt part Commonly Caled & knowne by ye name of ye Plough plain Running Vp to a marked Tree att ye Corner on ye north or northEast Side and by ye High Ledg of Rocks whereon Seuerall pitch pine Trees do Stand & from thence to Sawgust Riuer formerly caled Iron Works pond and on ye Easterly End by ye land now in ye Tenure and Occupation of Samuel Aplton and So ranging from Saw- gust Riuer to a Tree Marked with ye Letter L and from thence bounded by Said Samuel Appltons Land according as ye old fence Runns to ye Logg bridge & by ye land of John White from ye Said Logg bridge to ye land of Said Brattle or howsoeuer the Same be Butted & bounded or Reputed to be Bounded together with all Rights Profits priuiledges Com- modityes Hereditaments & appurtenances whatsoeuer to ye Same belonging or in wayes appertaining To Haue & To Hold ye Said Tract or parcell of Land with all other ye aboue granted premifes Being butted and bounded as aforesaid vnto ye Said Daniel Hutchin his hiers Executors Admins and afsignes and to ye Only proper vse benefit and behoof of
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ye Said Daniel Hutchin his hiers and afsignes for euer and ye Said James Rumney Marsh and Dauid : Indians: do hereby Couenant promis and grant to & with ye Said Daniel Hutchin his hiers & afsignes yt they haue in Themselues full power good Right & lawfull authority to grant Sell Conuey and afsure ye Same unto ye Said Daniel Hutchin his hiers and afsignes as a full firm perfect & abfolute Estate of Inheritance in fee Simple without any manner of Condicon Reuerfion or Limitation on whatsoeuer So as to alter change defeat or make Void ye Same and that ye Said Daniel Hutchin his hiers and afsignes Shall & may by force & Vir- tue of thefe presents from time to time and att all times for Euer hereafter lawfully peaceably & quietly haue hold vfe Occupie pofsefs & Enjoy ye Same and euery part thereof ffree and Clear and Clearly Discharged of and from all & all manner of former and other gifts grants bargains Sales Leafes Mortgages Joyntures Dowres Judgments Executions Entails forfietures and of and from all other Titles Troubles Charges & Encumbrances Whatsoever had made comitted done or Suffered to be Done by ym ye Said James Rumney Marsh & Dauid Indians or Either of Them thier or Either of thier hiers or afsigns att any Time or times befor ye Enfealing hereof and further yt ye Said James Rumney Marsh & Dauid Indians Thier hiers & afsignes Shall & will from time to time and att all times for Euer hereafter Warrant and defend ye aboue granted Pemifes with thier appurtenances & Euery part thereof vnto ye Said Daniell Hutchin his hiers and afsignes against all & Euery person and Psons whatsoeuer any ways Lawfully Claiming or demanding ye Same or any part thereof in witt- nefs whereof ye Said James Rumney Marsh & Dauid Indians haue hereunto Set thier hands and Sealls the Twenty Eights day of July anno Dom : One Thousand Six hundred Eighty and Six Annoq. RRs Jacobi Secundi Anglia &c. Secundo Signed Sealed & deliuered his
in ye prefence of vs JAMES : iames RUMNEY MARSH marke & Seall
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JOHN HAYWARD Not: Pub. ZACHARIAH SHUTE Servt
DAUID
his Indian marke & Seall
James Rumnymarsh alias Quanupowit and Dauid Kunk- skawmushat acknowledged the within written Instr: to be thier act & deed : Daniel Hutchin being also prefent auerred that he was in ye actuall pofsefsion of the within mentioned parcell of Land July 28th 1686 P me Peter Bulkeley One of his Majesties Councill
This is apparently a private grant of the territory described to Daniel Hutchin of Lynn, who was, at that time, about fifty-five years of age.
Of the witnesses to this deed John Hayward was a resident of Boston, and a notary public and scrivener. It was probably he who drew this deed of release. Zachariah Shute was a servant, probably an appren- tice, of Mr. Hayward, learning to write legal papers, etc.
Peter Bulkeley, before whom the deed was acknow- ledged by the Indians, was son of Rev. Edward Bulke- ley of Concord, and forty-five years of age at this time. He was captain and major in the militia, had been a representative from Concord, where he lived, from 1673 to 1676, and was speaker the latter year. He was sent to England, as the agent of the colony, to defend against the claims of Gorges and Mason, in 1679; and was an assistant from 1677 to 1685.
The other deed included the present city of Lynn and the towns of Saugus, Lynnfield, Nahant, Swamp- scott, and a portion of ancient Reading. The con- sideration for this deed was sixteen pounds in silver.
-
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The deed purported to convey the territory to the selectmen of Lynn, who were Ralph King, William Bassett, Sr., Matthew Farrington, Sr., John Burrill, Sr., Robert Potter, Sr., Samuel Johnson, and Oliver Purchas, and to Mr. John Browne, Captain Jeremiah Swain, and Lieutenant William Harsey, trustees for Reading, for the benefit of the proprietors of those two towns. Ralph King was about forty-five years old at this time, and William Bassett about ten years older. Mr. Farrington was probably about seventy. Mr. Burrill, who was about forty-five, was a prominent man in Lynn affairs. Mr. Potter was in the seventies, and Samuel Johnson probably about forty. Oliver Purchas, who was about seventy years of age, was town clerk at the time this deed was given. He had represented the town of Lynn in the general court in 1660. Of the Reading men, Captain Browne, aged fifty-two, was a farmer, justice of the peace, select- man and representative. Major Jeremiah Swain, aged forty-three, was a physician, justice of the peace, repre- sentative, governor's assistant, etc. Lieutenant Harsey was also a man of note.
This deed was recorded in Essex Registry of Deeds, book 18, leaf 150, June 28, 1704, seventeen years after its execution. The following is a copy of the deed as so recorded : -
To all Christian people to whome this prefent deed of Con- firmacon Ratificacon & alienation Shall come Dauid Kunk- fhamoofhaw who by Credible Intelligence is grandfon to old Sagamore George no nofe So called alias Wenepawweekine Sometime of Rumney Marish & Sometimes at or about Chelmsford of ye Colloney of ye Mafsachufets So called Some- times here & Sometimes there but deceafed ye Said Dauid
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Grandfon to ye Said old Sagamore George no nofe Deceafd and Abigail Kunkfhamoofhaw ye wife of Dauid & Cicely alias Su-George ye Reputed daughter of ye Said old Sagamore George & James Quonopohit of Natick alias Rumney Marsh and Mary his wife Send greeting &c. Know yee that the Said Dauid Kunkshamoofhaw & Abigail his wife & Cicely alias Su-George aforesd & James Quonopohit aforesaid with his wife Mary who are ye neerest of Kin & legall Succefsors of ye aforesaid George Noe Nofe alias Wenepawweekin whom wee affirme was the true & Sole owner of ye lands that ye Townes of Lynn and Reading stand vpon & notwithstanding ye pofsefsion of ye English dwelling in Thofe Towneships of Lynn & Reading aforesaid, wee ye Said David Kunkshaw Moofhaw Cicely alas Su George James Quonopohit &c the rest aforesaid Indians doe Lay Claime to ye lands that thefe Two Townes aforesaid Lynn & Reading Stand vpon and The dwellers thereof pofsefs that ye right & Title thereto is ours & belongs to vs & Ours but howsoeuer The Townships of Lyn & Reading hauing been Long pofsefsed by the English & although wee make Our Clayme & ye Select men and Truftees for both Townes aforesaid pleading Title by Graunts of Courts & purchafe of old of our predecefsors George Sagamore & Such like matters &c Wee ye Claymers afore- named viz Dauid Kunk Shamoofhaw & abigail his Squwaw Cicely alias Su-George the reputed daughter of old Sagamore George No Nofe and James Quonopohit & Mary his Sqwaw they being of the kindred & Claymers Confidering The argu- ments of ye Select men in both Townes are not willing to make trouble to our Selues nor old neighbours in thofe Two Townes aforesaid aforesaid of Lynn & Reading &c wee there- fore the Clayming Indians aforesaid viz Dauid Kunkshamoo- fhaw & Abigail his wife & Cicely alias Su-George the reputed daughter of old Sagamore George alias Wenepawweekin & James Quonopohit & Mary his wifeall & Every of vsas aforesaid & Jointly together for & in Confideracon ffor & in Confidera- con of ye Summe of Sixteen poundes of Current Sterling money
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of Siluer in hand paid to vs Indians Clayming viz David Kunkfhamoofhaw &c at or before ye Enfealing & delivery of thefe prsents by mr Ralph King William Bafsett Sent Mathew Farrington Sent John Burrell Sent Robert Potter Sen' Samuel Johnfon & Olliuer purchas Select men in Lynn in ye Countey of Efsex in New England Trustees and prudentials ffor & in ye behalfe of ye purchafers and now proprietors of ye Towne- ship of Lynn & Reading well and truly payd ye Receipt whereof ye viz Dauid Kunkfhamoofhaw Abigail his wife Cicely alias Su George ye Reputed daughter of old Sagamore George And James Conopohit of Natick alias Rumney Marsh & Mary his wife doe hereby acknowledge Themfelues there- with to be fully Satisfied and Contented & thereof & of Every part thereof doe hereby acquit Exonerat and difcharge ye Said mr Ralph King William Bafset Sent with all & Every of ye Select men aforenamed Trustees and prudentials together with ye purchafers and now proprietors of ye Said Townships of Lyn & of Reading thier heirs Executors adminiftrators & afsigns for Euer by thefe prefents Haue Giuen graunted and bargained a full & a firme Confirmation & Ratification of all graunts of Courts and any former alienation made by our predecefsor or predecefsors & our own Right Title & Intrest Clayme & demand whatsoeuer and by thefe prefents doe fully freely Cleerly and abfolutely giue and grant a full & firm Confirmation & Ratification of all grants of Court & any Sort of alienation formerly made by our predecesor or predecef- sors as alfoe all our owne Clayme of right title Intrest & demand vnto them ye Said mr Ralph King William Bafset & the rest Select men forenamed Trustees & prudentials for ye Towne of Lyn & ye Worshipfull m' John Browne Capt Jere- miah Sweyn & Leivt William Harfey Truftees and pruden- tials for ye Towne of Reading to thier hiers and afsignes For Euer To and for ye Sole vfe benefit & behoofe of ye pur- chafers and now proprietors of ye Towneships of Lynn & Read- ing aforesaid & all ye Said Towneships of Lynn & Reading Joyning one to another Even from the Sea where ye line
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beginneth between Lyn & Marblehead & So between Lynn & Salem as it is Stated by thofe Townes & marked & So to Ipswich riuer and So from thence as it is stated betwixt Salem & Reading and as ye Line is Stated & runne betwixt Wills hill and as it [is] stated & runne betwixt Reading & Andover and as it is Stated betwixt Oburne & Reading & as it is Stated & runne betwixt Charlestowne Maldin Lynn & Read- ing & vpon the Sea from ye line that beginneth at Lynn & Marble [head] & Salem to diuide the Townes aforesaid So as well from thence to ye Two Nahants viz the little Nahant & ye great Nahant as ye Sea Compafseth it about round and Soe to ye riuer called Lynn riuer & Rumney marish riuer or Creeke vnto ye Line from Brides brooke to ye Said Creeke anfwering ye line that is Stated between Lynn & Boston from ye Said bride brooke vp to Reading this Said Tract of land defcribed as aforesaid together with all houfes Edifices build- ings Lands yards Oarchards Gardens meadows marrifhes ffeedings grounds rocks Stones Beach fflatts pastures Com- mons & Commons of pasture Woods vnderwoods Swamps Waters Watercourfes Damms ponds fishings ffowlings wayes Easements profits priuiledges rights Commodities Royalties Hereditaments and appurtenances whatsoeuer to ye Said Townships of Lynn & Reading & other ye premifes belonging or in any wife appertaining or by them now vfed Occupyd & Injoyed as part parcel or member thereof & alfoe all Rents arrearages of Rents quit rents rights & appurtenances what- soeuer nothing Excepted or referued & alfoe all deeds writ- ings & Evidences whatsoeuer touching ye premifes or any part or parcell thereof. To Haue & To Hold all ye Said Townships of Lynn & Reading as well the Two Na- hants aforesaid ye little & ye great Nahant as they are Encompafd by ye Sea with thier Beaches from ye great Nahant to ye little & from the little Nahant homeward where Richard Hud now dwelleth & so to mr Kings with all ye aboue granted premifes with thier & Every of thier rights members and appurtenances & Every part & parcell thereof
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hereby giuen granted Confirmed Ratified vnto ye Said mr Ralph King William Bafsett & ye rest Select men in behalfe of Lynn And ye Worshipfull mr John Browne & ye rest aforenamed for Reading all Trustees & prudentials for ye Towneships of Lyn & Reading to them & thier hiers & afsignes For Euer to and for ye Sole vfe benefit and behoofe of ye purchafers and now proprietors of ye Said Towneships of Lynn & Reading And they ye Said Dauid Kunkshamooshaw & abi- gail his wife & Cicely alias Su George the reputed daughter of George no nofe Deceafed & James Quonopohit & Mary his wife Indians aforesaid for themfelues thier heirs Executors adminiftrīs and afsignes Jointly Seuerally & respectively doe hereby Covenant promife & grant to & with ye Said mr King William Bafset Sent and ye rest of Lynn & the Wor- shipfull m" John Browne & ye rest of Reading Trustees & prudentials for ye Townes of Lynn & Reading as abouesaid thier hiers & afsignes & So the purchafers & now proprietors of ye Said Townships of Lyn & Reading &c In manner & forme following (that is to Say) that at ye time of this Graunt Confirmacon & alienacon & vntill the Enfealing & delivery of thefe presents thier Anceftor & Anceftors & they the afore- named Dauid & Abigail his now wife & Cicely alias Su George & ye rest aforenamed Indians Were the True Sole & Lawfull Owners of all ye aforebargained confirmd & aliened pre- mifes & were Lawfully Seized off & in ye Same & Every part Thereof in thier owne propper right And haue in them- felues full power good right & Lawfull Authority to graunt aliene Confirm and afsure ye Same as is afore defcribed in this deed vnto mr Ralph King William Bafset Sen' & ye rest fore- named Selectmen of Lynn and ye Worfhipfull mr John Browne & ye rest aforenamd Agents for Reading all Trustees & prudentials for ye Two Townships of Lyn & Reading to them thier hiers and afsignes for Ever for ye vfe aforesaid viz the benefit & behoofe of ye purchafers & now proprietors of ye Two Townships aforesaid as a good & perfect abfolute Estate of Inheritance in fee Simple without any manner of
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Condition reuerfion or Limitation whatsoeuer So as to alter change or make voyd ye Same And that ye Said Trustees aforesaid and ye purchafers & now proprietors of ye Said Towneships of Lynn & Reading thier heirs & afsignes Shall & May by the vertue & force of thefe prefents from time to time & att all times for Euer hereafter Lawfully peaceably and quietly Haue Hold vfe Occupy pofsefs & Injoy ye aboue granted aliened & Confirmed premifes with ye appurtenances & bene- fits Thereof & Every part & parcell thereof free & Cleer & Cleerly acquitted & difcharged off & from all & all manner of other gifts graunts bargaines Sales leafes Mortgages Joyntures Dowers Judgments Execucons fforfeitures & off & from all other Titles Troubles charges Incumbrances whatsoeuer had made Committed done or Suffered to be done by the Said Dauid & Abigail his wife Cicely alias Su George & ye rest Indians forenamed them or any of them or any of thier hiers or afsignes or any of thier ancestors at any time or times And further that ye Said Dauid Kunkfhamoofhaw & abigail his wife Su George James Quonopohit & Mary his wife &c their hiers Executors & adminiftrators &c Jointly & Seuerally will and shall by thefe prefents from time to time & at all times hereafter Warrant and defend thier foregraunted & Confirmed premifes with thier benefits & apurtenances & Every part & parcell thereof vnto the Said Trustees or prudentials fore- named for ye Townships of Lyn & Reading & thier hiers & afsignes For Euer to & For The Sole vfe & benefit of ye purchafers & now proprietors In and off ye Said Townships of Lynn & Reading against all & every perfon or perfons what- soeuer any waies Lawfully Clayming or demanding ye Same or any part or parcell thereof And Lastly that they ye Said Dauid & Su George & James Quonopohit &c thier wiues or any of thier heirs Executors or admrs Shall & will from time to time and at all times hereafter when therevnto required at ye Cost & Charges of ye aforesaid Trustees & prudentials thier hiers or afsignes or ye purchafers & proprietors of ye Townships of Lynn & Reading &c doe make acknowledge Suffer all &
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Every Such further act & acts thing and Things afsurances & Conveyances in ye Law whatsoeuer for ye further more better Surety & sure making of ye abouesaid Townships of Lynn & Reading with ye Rights hereditaments benefits & appurtenances aboue by thefe prefents mentioned to be bar- gained aliened Confirmed vnto ye aforesaid Trustees & pru- denles their hiers & afsignes For ye vfe aforesaid as by the Said Truftees aforesaid thier hiers or afsignes or ye Said pro- prietors or by thier Councill learned in ye Law Shall be reafon- ably devifed advifed or required In Witnefs whereof ye Said David Kunkshamooshaw & Abigail his wife & Cicely alias Su George & James Quonopohit & Mary his wife haue herevnto Set thier hands & Seales ye day of ye Date being ye fourth day of September One thoufand Six hundred Eighty & Six Annoq Regni Regis Jacobus Secundi Angliæ Scnd
Signed Sealed & delivered In
ye prefence of vs vndernamed
SAMUEL BLIGH DAVID
ye Signe of 8
KUNKSHAMOOSHAW & his Seale
DANIEL JOHNSON ye Signe of
JOHN HAWKS
ABIGAIL
KUNKSHAMOOSHAW & Seale
THOMAS LAUGHTON SENR
ye Signe SAMUEL A. WARDWELL
ye Signe of
CICELY alias SU GEORGE & Seale
ye Signing of JAMES QUONOPOHIT & his Seale
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ye Sign of MARY
PONHAM aleias QUONOPOHIT & her Seale
All ye perfons herevnto Subfcribed acknowledged the within written to be thier act & deed this 31 day of May 1687. before me
BARTHO. GEDNEY one of ye Councill 1
James Quonopohit was the only one of the grantors of this deed who signed his name. The deed was probably executed in Lynn, as all but one of the wit- nesses lived there. The first signer of these witnesses, Samuel Bligh, was a resident of Lynn, and about thirty years of age. Daniel Johnson was of Lynn, and probably somewhat older than Mr. Bligh. John Hawks was, also, of Lynn. Thomas Laughton was a farmer of Lynn, and about seventy years old. Samuel Wardwell 2 lived in Andover, and was about forty years of age.
Captain Gedney, before whom the deed was ac- knowledged, was a native of Salem, and lived there. He was at this time forty-six years of age. He was by profession a physician, and a captain of the militia. In 1678, he was chosen deputy to the general court, and the next year was appointed one of the commis- sioners for Salem. From 1680 to 1683, he was one of the governor's council, but lost the position in the latter year, because he advised compliance with the
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