USA > Massachusetts > Essex County > The Indian land titles of Essex County, Massachusetts > Part 6
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I This certificate of acknowledgment was " Endorfed on ye back side " of the deed says the record.
2 He was hanged at Salem, for alleged witchcraft, in 1692.
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requirements of the officers of the crown in regard to the charter. When President Dudley brought the charter, in 1686, Captain Gedney was reinstated in that office, being specially named in the royal com- mission, and retained the position during the adminis- tration of Andros.'
Alonzo Lewis, the historian of Lynn, stated in an article published many years ago, that an Indian deed of Lynn lands was in the possession of the Hart family as late as 1800. Joseph Hart was probably the person referred to; and it was probably among the large collection of old papers and documents, which were kept in the garret of his house, and to which the boys had access, probably to the destruction of the instrument.
' Captain Gedney subsequently became colonel of the Essex regi- ment. He was, also, the first chief-justice of the court of common pleas under the province charter, one of the special court that tried the alleged witches in 1692, and judge of probate.
Deed from David Nonnupanohow and others to John Ruck and others, trustees for the proprietors of the town of Salem, of the territory of Salem, within the Naumkeag limits, dated Oct. 11, 1686. Reproduced nearly one-third of the size of the original, which is on parchment and hung in a frame on one of the walls of the common council chamber in City Hall, Salem.
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SALEM DEEDS
DOUBTLESS the same motives which caused Lynn to secure a deed of release of the territory of that town led the town of Salem to safeguard its interests by pursuing the same course. The circumstances con- nected with the acquisition of this deed are not known other than what is disclosed in the deed itself. The consideration of the release was twenty pounds in cur- rent money; and the grantees were John Ruck, John Higginson, Samuel Gardner, Timothy Lindall, Wil- liam Hirst, and Israel Porter, " selectmen and trustees for " the town of Salem, and all other "proprietors and purchasers " of the town. The territory described in it is now that of the present city of Salem and towns of Danvers and Peabody. The deed is dated October 11, 1686, and was recorded in the Essex Registry of Deeds, volume 7, leaf 125, April 26, 1687. The original document is written on parchment, and was in the possession of Colonel John Higginson until May 25, 1713, when he delivered it to the select- men of the town, who immediately placed it in the care of William Gedney, the town treasurer at the time.' It was afterwards preserved by being kept in a small tin box. It "suffered somewhat from being packed too closely, and frequently folded and un- folded," says the writer of a report on the condition
I " At a meeting of ye Selectmen May 25th 1713. . .
" See ye Entry made of ye Grand Indian deed for ye Township of Salem ; which has been in Colo Higginfon's hands, but this day delivered up by him to ye Selectmen and now lodged in mr William
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of papers in the city hall, printed in the city docu- ments for 1852. In that year a glass frame was pre- pared, and in that it was spread and has since been inspected without handling. The report further says that the deed "is a document of remarkable beauty and elaborateness of execution, and of much intrinsic value, and local interest." It now hangs in a frame in the council chamber at the city hall. The following is an accurate copy of the original instrument : -
To all People To whome this present Deed of Sale shall come David Nonnupanohow Sam Wuttaannoh, and John Tontohqunne Cicely's Son, Grandchildren of George Saga- more Cicely Petaghuncksq Sarah Wuttaquatimnusk, both Daughters of George Sagamore aforesd Thomas Vkquenkuf- sennum alias Capt Tom, all of Waymefsick alias Chelmsford In ye County of Middlesex Within his Majesties Territory & Dominion of New England In America James Quanoph- kownatt; alias James Rumney Marsh, Israell Quanoph- kownatt, Son of sd James Joane Quanophkownatt, Relict, Widow of Old Jnº Quanophkownatt Yawataw relict widow of Jnº Oonsumoq Wattawtinnusk wife of Peter Ephraim, all
Gedney ye Town Treafurers hands by their order. Which deed was dated October ye eleventh anno 1686:"
- Salem Town Records, volume 1679-1728, leaf 160.
" At a meeting of the Selectmen May 25th 1713. .
" This day Colo John Higginfon Esqr brought ye originall grand deed from ye Indians, of ye Township of Salem to the then Selectmen of Salem as Trustees for ye proprietors & purchafers of sd Town and delivered ye fame to ye present Selectmen of Salem which deed is Lodged with mr William Gedney ye present Town Treafurer by order of ye Selectmen, Colo Higginfon declining to keep ye fame any longer, which deed was dated October ye eleventh anno Domini I686:"
- Salem Town Records, volume 1709-1725, page 103.
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of Natick, In ye County Middlefex wthin his Majesties: Ter- ritory & Dominion of New-England In America aforesd Send Greeting. Know ye. that we ye abovesd David Non- nuphanohow, Sam Wuttaanoh Jnº Tontohqunne Cicely's Son Cicely Petaghuncksq Sarah Wuttaquatinnusk Thomas Vkqueakufsennum alias Capt Thom. James Quanophkownatt alias James Rumney Marsh, Israell Quanophkownatt Joane Quanophkownatt Yawataw Wattawtinnusk For and In Con- sideration of ye full & Just Summe of Twenty poundes, Currant money of New England, To them in hand, at & be- fore ye Ensealing and delivery of thefe Presents By Jnº Ruck Jnº Higginson Samuel Gardner, Timothy Lindall, Wm Hirst, Israel Porter, Select men and Trustees for the Towne of Salem In ye County of Essex, wthin his Majesties Territory and Dominion of New England, In America. Well and truely paied, The Receipt whereof they do hereby acknow- ledge, and themfelves therewth to be fully satisfied and Con- tented and Thereof & of every part thereof doe hereby acquitt, Exonerate and Discharge ye sd Jnº Ruck, Jnº Higginson Samuel Gardner Timothy Lindall, Wm Hirst & Israell Porter. : as Trustees abovesd Their Heirs Executs and Administs as also all ye rest of ye purchafers and Proprie- tors of sd Township of Salem, and each and every of them, for ever by these prsents Have given granted Bargained Sold aliened Enfeoffed and Confirmed and by these prsents doe fully freely clearly and absolutely Giue Grant bargain Sell aliene Enfeoffe and Confirme Vnto them ye sd Jnº Ruck, Joº Higginson Samuel Gardner, Timº Lindall, Wm Hirstt & Israel Porter, as Trustees abovesd, and to Their Heirs and afsignes forever, To and for ye Sole ufe benefitt and behoof of the Proprietors in & purchafers of ye Township of Salem aforsd All ye sd Township of Salem Viz all that Tract and Parcell of Land lying to ye Westward of Neumkeage River alias Bafsriver whereupon ye Town of Salem is Built So proceeding along to ye Head of Neumkeage River, Called by ye English Bafsriver, fo Comprehending all yt Land be-
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longing to the sd Township of Salem according as it is Butted and Bounded wth and upon ye Towns of Beverly, Wenham Topsfeild, Redding Linne & Marblehead, down to ye Sea, wch sd Land is a part of wtt belonged to the Ancestors of ye Grantors and is Their proper Inheritance Or howfoever ye sd Township or any part or parcell thereof is Butted and Bounded or Reputed to be bounded Together wth all houses Edifices Buildings lands yards Orchards Gardens meadows marshes Feedings Grounds Rocks stones beach flatts pastures fences Commons, commons of Pasture, Woods underwoods swamps, waters, water courses, Dams Ponds headwares fish- ings fowlings wayes Easements, Profitts, priviledges, Rights, Commodityes Emoluments Royaltyes Hereditaments. and apprtenances whatsoeuer as also all Mines mettalls mineralls wth all Islands & p'viledges of Neumkeage River alias Bafs- river, wch the Ancestors of sd Granters heretofore Right- fully pofsefsed wth all & singular Their app'tenances To ye sd Township of Salem and other ye prmises belonging or in any wise app"taining or therewth now used Occupied or In- joyed, as part parcell or member thereof, and alfo all Rents Arrearages of Rents, Quitt Rents Rights of all things above- named as also all Rivers creeks Coves wtsoeuer wth all their pīviledges and apptenances (nothing excepted or Referved) and also all Deeds writings and Evidences wtsoeuer Touch- ing and Concerning ye prmises or any Part or parcell thereof To have and to hold all ye sd Township of Salem Butted and Bounded as abovesd wth all other the Above Granted prmifes, wth their & Every of their Rights members & ap- prtenances & every part and parcell thereof hereby granted bargained & Sold, or mean't mentioned or Intended to be Hereby granted & Sold unto ye sd Jnº Ruck Jnº Higgin- son Samuel Gardner Timo Lindall Wm Hirst & Israel Porter as Trustees abovesd and to their Heirs & Assignes for Ever To and for ye Sole Vse Benefitt and behoof of ye Proprietors in & Purchasers of ye sd Township of Salem And ye sd David Nonnuphanohow, Sam Wuttaanoh Jnº
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Tontohqunne Cicely Petaghuncksq Sarah Wuttaquatinnusk Thomas Vsqueakufsennum, alias Capt Thom. James Quan- ophkownat, alias James Rumney Marsh, Israell Quanoph- kownatt, Joane Quanophkownatt Yawataw, Wattawtinnusk For themselves Their Heirs Executors Admrs Jointly sever- ally & Respectively, Do hereby Covenant promise and grant to and with ye sd Jnº Ruck Jnº Higginson Samuel Gardner Timº Lindall Wm Hirst and Israell Porter, as Trustees abovesd Their Heirs and assignes on behalf of ye Proprietors and Purchafers of ye sd Town of Salem In Man- ner and form following (That is to say) that at ye Time of this prsent Bargain and Sale and untill ye Ensealing and Delivery of these prsents they & their ancestors were ye True Sole and Lawfull owners of all ye afore Bargained pīmises and were Lawfully Seized of and in ye same and Every part thereof in Their own proper Right. And haue in themselves Full power, good right and Lawfull author- ity to grant Sell, convey and assure ye same unto ye sd Jnº Ruck, Jnº Higginson Samuel Gardner, Timº Lindall Wm Hirst and Israell Porter, as Trustees abovesd Their Heirs and assignes for ye Vse abovesd as a good perfect & absolute Estate of Inheritance in Fee Simple wthout any manner of Condition Reverfion or Limitation wtsoever So as to alter change defeat or make void ye same And that ye sd Jnº Ruck Jnº Higginson Sam" Gardner Timo Lindall Wm Hirst & Israell Porter as Trustees abovesd Their Heirs and Afsignes, for ye use & benefitt of the Purchasers and Proprietors of ye aforesd Township of Salem Shall & may by force & Ver- tue of thefe prsents, from time to time & at all times forever hereafter, Lawfully peaceably & Quietly haue Hold use oc- cupy pofsess & Injoy ye above granted premises wth their apprtenances & every part and parcell thereof, Free & clear & clearly acquitted & discharged of & from all & all man- ner of Former & other Gifts grants Bargains, Sales, Leases mortgages, Joyntures Dowres Judgmts Executions Forfeitures & of and from all other Titles, troubles, charges, & Incum-
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brances wtsoever had made comitted Done or suffered to be done by ye sd David Nonnuphanohow Sam Wuttaanoh Jnº Tontohqunne Cicely Petaghuncksq Sarah Wuttaquatinnusk Thomas Vsqueakussennum, alias Capt Tom James Quanoph- kownat, alias James Rumney Marsh Israell Quanophkownat Joane Quanophkownatt Yawataw Wattawtinnusk 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 at any time or times before ye Ensealing hereof, And farther yt ye sd David Nonnuphanohow Sam Wuttaanoh Jnº Tontoh- qunne Cicely Petaghuncksq Sarah Wuttaquatinnusk Thomas Vsqueakufsennum alias Capt Tom James Quanophkownatt alias James Rumney Marsh Israell Quanophkownatt Joane Quanophkownatt Yawataw Wattawtinnusk Their Heirs Ex- ecutors & Administrrs Joyntly & Severaly Shall and will from time to time & at all Times for ever hereafter Warrant and defend ye above granted Premises wth Their app'tenances and every part & parcell thereof unto ye sd Jnº Ruck Jnº Higgin- son, Sam" Gardner Timo Lindall Wm Hirst Israell Porter Trustees as abovesd and to their Heirs & assignes for Ever To & for ye Sole use & Benefitt of ye Proprieters & Purchasers in and of ye sd Township of Salem Against all & every prson & prsons wtsoever, any wayes Lawfully Claiming or de- manding ye same or any part Parcell thereof And Lastly That they ye sd David Nonnuphanohow Sam Wuttaanoh Jnº Tontohqunne Cicely Petaghuncksq Sarah Wuttaquatin- nusk Thomas Vsqueakussennum alias Capt Tom James Quanophkownatt alias James Rumney Marsh Israell Quan- ophkownatt Joane Quanophkownatt Yawataw Wattawtin- nusk Or Either or any of Them Their or any of Their Heirs Executrs or Administrs shall and will from time to time and att all times hereafter when thereunto Required at ye cost and charges of ye sd Jnº Ruck Jnº Higginson Samuel Gardner Timº Lindall, Wm Hirstt and Israell Porter Their heirs or assignes, Or ye Purchasers and Proprietors of ye sd Township of Salem, Do make acknowledge, Execute,
0
.
The two kinds of impressions used upon the wax seals of the deed of Salem. Reproduced same size as the original.
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and Suffer all and Every such farther act and acts Thing & Things assurances and Conveighances in ye Law whatso- ever For ye Further and Better Surety and Suremaking of ye abovesd Township of Salem wth ye Rights Heredita- ments and app'tenances above by These prsents mentioned to be Bargained and Sold vnto ye sd John Ruck John Hig- ginson Samuel Gardner Timothy Lindall William Hirst and Israell Porter Trustees as abovesd and to their Heirs and assigner for ye Vse aforesd As By ye sd John Ruck John Higginson Samuel Gardner Timothy Lindall William Hirst & Israel Porter Trustees as abovesd Their Heirs or as- signes, or sd Proprietors, or By Their Counsell Learned in ye Law shall be Reasonably Devised Advised or Required. In Witness Whereof The sd David Nonnuphanohow Sam Wuttaanah John Tuntohqunne Cicely Petaghuncksq Sarah Wuttaquatinnusk Thomas Vksqueakussennum alias Capt Tom James Quanophkownatt alias James Rumney Marsh Israell Quanophkownatt Joane Quanophkownatt Yawataw Wattawtinnusk Have hereunto Set their hands and Seals The Eleventh Day of October Anno Domini One thousand Six hundred Eighty & Six Annoq Regni Regis Jacobi IIdi anglia Scotia Francia & Hybernia Fidei Defensoris Secundo
The mark of
DAUID
[SEAL]
NONNUPHANOHOW
The marke of
SAMLL
7
[SEAL]
WUTTAANNOH
The mark of
JOHN w
[SEAL ]
TONTOHQUNNE
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The mark of
CICELY [SEAL]
PETAGHUNCKSQ
[SEAL]
The mark of
THOMAS
0
[SEAL]
VSQUEAKUSSENNUM allias CAPT TOM
JAMES james
QUANOPHKOWNATT [SEAL]
alias RUMNEY MARSH
The mark of
ISRAEL
X
[SEAL ]
QUANOPHKOWNAT
The mark of
JANE
[SEAL]
QUANOPHKOWNATT
The mark of
[SEAL ]
YAWATAW
The mark of
[SEAL]
WATTAWTINNUSK
Signed Sealed & Delivered By David Nonnuphanohow Cicely Petaghnucksq Thomas Vsqueakussennum alias Capt Tom, James Quanophkownat alias Rumney Marsh Israell Quanophkownat Joane Quanophkownat Yawataw Wattaw-
Posly Pesagens to Thomas
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Attestation of the witnesses to, and the acknowledgment of, the deed of Salem, written on the reverse. Reproduced nearly same size as the original.
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tinnusk as Their Act and Deed In ye Presence of us After ye Same was Read to Them
ANDREW ELLIOTT SENR THOMAS WEST JOHN HILL SR SAMLL HARDIE SR WILLIAM WOODBERY
This Instrumt was acknowledged By David Nonnuphano- how Cicely Petaghuncksq Thomas Vsqueakussennum alias Capt Tom James Quanophkownat; alias Rumney Marsh Israell Quanophkownat Joane Quanophkownatt Yawattaw Wattawtinnuske To be Their act and Deed This Eleventh Day of October 1686
Before me BARTHOLOMEW GEDNEY, One of His Majes- ties Councell for his Territory & dominion of newengland in America.
The seals on this deed, which are of wax, have two designs. This deed was apparently executed in Bev- erly, as all the witnesses were residents of that town. Andrew Elliott was then about forty-nine years of age ; Captain Thomas West was about forty-three ; Deacon John Hill was about fifty ; Samuel Hardy was a schoolmaster, and probably under forty at this time ; and William Woodberry was of about the same age as Samuel Hardy. They were all prominent men of Beverly most of them being or having been selectmen. The magistrate who took the acknowledgment of the deed, Bartholomew Gedney, of His Majesty's Coun- cil, was the same one that took the acknowledgment of the second Lynn deed."
A deed of Misery Island, off the Beverly shore, was executed by an Indian, and it is proper to insert
I See page 75.
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it in this book. This Indian grantor was known as Thomas Tyler, and he lived at Martha's Vineyard. The grantee was Bartholmew Gale of Salem ; and the date of the deed was February 12, 1673. It was re- corded in the Essex Registry of Deeds, book 8, leaf 106, January 19, 1688-89. The following is a copy of it as it appears upon the record :-
Know all men by Thefe prsents that I Thomas Tyler of Martha's Vineyard haue bargained for & Sold and do by thefe prsents Sell make Ouer and deliuer Unto Bartholmew Gale of Salem in The County of Efsex in the Collony of the Mat- tathufetts all my right Title and Intrest Island forty acres more or lefs Comonly caled & knowne by ye name of Moul- tons Miferie lying and being between Bakers Iland and Man- chester for him ye sd Bartholmew Gale to haue & to Hold to him his hiers Executors Admrs or afsignes from me ye said Thomes Tyler my hiers or afsignes for Ever or any other per- son whatsoeuer Claiming any right Title or Intrest thereto or to any part thereof from by or under me hereby Couenant- ing and alowing that It may and Shall be Lawfull for ye Said Bartholmew Gale to inroule or Caufe to be Inrouled the pre- mifes in any of his Majesties Courts of Records in the Said Colo- nie in Confideration of which Iland I the Said Thomas Tyler do acknowledge to have received of the Said Bartholmew Gale a Ualuable Confideracon and for ye Confirmation & Ratification of ye prmifes I haue Caufed This my deed of Sale to be made & haue hereunto Set my hand & Seal this Twelfth day of ffebruary in ye year of Our Lord One thou- fand Six hundred Seuenty three
Signed Sealed and Delivered in the prsence of us DANIEL BACON
his
THOMAS
TYLER & a Seal
BENJAMIN MARSTON marke
THOMAS MAYHEW
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With this deed is recorded a statement, signed by Thomas Mayhew, who was also of Martha's Vine- yard, being son of the governor. This certificate reads as follows : -
ye Said Thomas Tyler is ye Sonne of ye Sagamore of Aga- wamm a knowne man in ye Countrey he sold ye Towne of Ipswich all or ye most part of it all ye old planters know him that had ought to do wth ye Indians in thofe daies George Can Informe Concerning him he that hath lost his nose I mean not Elfe P me THOMAS MAYHEW
This deed was not acknowledged, and its execution was proved by the oaths of the two Salem witnesses, Mr. Bacon and Mr. Marston, in Salem December 14, 1684, taken before John Hathorne, an assistant, who lived at what is now the site of the Holyoke Building, one hundred and fourteen Washington Street. Daniel Bacon and Benjamin Marston lived near the magis- trate. The evidence of these two witnesses, certified to by John Hathorne, is recorded with the deed, and is as follows : -
Dan" Bacon & m' Benjamin Marston Gaue Oath that ye abouesd Instrument was Signed Sealed & delivered in thier prefence by Thomas Tyler and that they Set thier handes as wittnefses unto ye Same Sworne Salem Decembr 14th 84 befor mee JOHN HATHORNE Afis"
THE DEED OF BEVERLY
THE people of Beverly were greatly exercised over the claim to their territory, about 1680, by Robert Tufton Mason, grandson of Captain John Mason, and probably it was in consequence of this claim that an attempt was made to secure a title to the land from the Indians. Masconomet, alias John, the sagamore of Aga- wam, in whose territory this section of the country was included, had died about 1658, and his alleged heirs were his grandchildren Samuel English and Joseph English and their sister Betty, wife of Jeremiah Wau- ches. With these heirs an agreement was made, Oc- tober 13, 1686, by order of the selectmen of Beverly, for the transfer of the Indian title to all the land within the town, upon the payment of six pounds, six shillings, and eight pence. Nothing more was done about it until October 11, 1700, when Cornet Joseph Herrick, the town treasurer, at a meeting of the select- men, paid to these Indians the amount of money in silver ordered to be paid fourteen years before. The following is a copy of the record of this transaction as found in the Beverly Town Records, volume 2, page IIO :-
At a meeting of ye felect men on ye 11th day of october 1700 Cornet Jofeph Herrick Towne Treafurer did then de- liver Vnto Samuel Inglifh Indian or his order the fumm of fix pounds fix fhillings & Eight pence due to the fd famil In- dian and his Brother Jofeph and there fifter as Heirs to there Grandfather John Alias maffquanomenett faggamore of Agga-
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wom which fix pounds fix fhillings and Eight pence is full fattiffaction for the Indian Title of all the Lands within fd Townefhip the which fume was paid by order of ye felect men according to aggreemt made with fd Indians on ye 13th day of october 1686.
At Salem, the next day, two " Nashoba " Indians, John Thomas and James Speen, testified before John Hathorne and Benjamin Browne, both of Salem, justices of the peace, that Samuel English, Joseph English, and Betty Wauches were the "True & Rightfull & Only Surviving hiers" of Masconomet. The following is a copy of the record of this evidence in the Essex Registry of Deeds, volume 14, leaf 43 :-
The Testimony of John Thomas & James Speen Nashoba Indians both of full age who Testifieth & Saith of thier owne Certain knowledge that Samuel English & Joseph English Indians together with thier Sifter ye wife of Jeremiah Wauches Indian are ye True & Rightfull & Only Suruiving hiers of John The Saggamore of Aggawom alias Mafsquanomenet.
John Tomas & James Speen Indians abouenamed made Oath to ye Truth of ye abouesd Euidence
Salem October the 12th 1700.
before JOHN HATHORNE BENJA BROWNE Just Quo"
At the time this testimony was taken, a deed of release was executed and delivered by these grand- children of the old sagamore to the selectmen of Beverly, who had it recorded in the Essex Registry of Deeds, volume 14, leaf 42. The grantees were the inhabitants of Beverly. The following is an exact copy of this record : -
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Be it Knowne vnto all men by thefe prefents that wee Samuel English Joseph English & Jeremiah Wawches Indians being all ye Suruiuing Grand Chilldren of old Saggamore John of agawon alias amasquanamett Doe for & in Confideracons that our Grandfather did formerly grant and giue his aprobation to ye English to Settle one a Tract of land Caled Beuerly in ye Countey of Efsex in New England & more Especialy for Six pound Six Shillings & Eight pence in Siluer to vs paid before ye Enfealing hereof by the Select men of Beuerly aforesaid in behalfe of sd Towne doe giue grant bargaine Sell alien afsign Set ouer & Confirme & Haue by thefe pre- fents fully freely & abfolutely bargained Sold aliened afsigned Set ouer & for Euer Confirmed vnto ye Inhabitants of Beuerly aforesaid thier hiers & afsignes for Euer all The vpland Swampy meadow marsh ground lying & being within ye Towneship of Beverly aforesaid with all ye ponds Streames fishing places & all other ye profits priuiledges & appur- tenances thereto belonging or pertaining in any wife To Haue & To Hold occupy & pofsess for Euer free & Cleare & freely & Clearly acquitted of & from all other Gifts grants bargaines Sales alienations of what kind soeuer and further wee ye abouesd Samuel English Joseph English & Jeremiah Waches Indians doe Couenant promife & Engage for our Selues our hiers Executors adminiftrrs & afsignes For Euer to & with ye Select men of Beuerly aforesaid in behalfe of ye Inhabitants of sd Town thier hiers & afsignes For Euer That wee ye abouesd Indians are ye Day of ye Date hereof The True & Rightfull owners of ye aboue bargained premifes and Haue full power and lawfull authority to Convey ye Same as abouesd & That wee doe warrant acquit & defend the quiet and Peaceable pofsefsion of Each & Euery part Thereof to them The Inhabitants of ye Towne of Beuerly thier hiers Executors adminiftrators & afsignes for Euer against all manner of Indians whatsoeuer laying any lawfull claime thereto In Witnefs hereof Wee haue Set to our hands & Seales This Twelfth Day of October in ye yeare of our
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