USA > Massachusetts > Essex County > The Indian land titles of Essex County, Massachusetts > Part 7
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Lord One thoufand Seuen hundred : ye words alias masqua- nomenit was Interlined before sealing :
Signed sealed & Delivered in ye psence of vs
the
2 marke of
THOMAS WOODBERY
SAMUEL ENGLISH & Seale ye marke of
ROBERT BRISCOE
JEREMIAH WAUCHES & Seale
ye
marke of
JOSEPH FFOSTER JOSEPH ENGLISH & Seale
MOSES PARKER
ye ye wife 7
marke of SUSANNAH of Sam abouesd & Seale
ye marke of BETTEY ye
wife of Jeremiah Wauches & a Seale
Samuel English & Sufannah his wife and Jeremiah wauches and Bettey his wife all acknowledged the abouewritten Instru- ment to be thier act & deed Salem October the 12th 1700. before me JOHN HATHORNE one of ye Council & Juft pe
The first two of the witnesses were residents of Beverly, and had been selectmen and prominent in the town. Mr. Woodberry was about sixty years of age and Mr. Briscoe was much younger. The other witnesses, Joseph Foster of Billerica and Moses Parker of Chelmsford, had probably come with the Indians, as their sponsors.
John Hathorne, the magistrate, before whom the acknowledgments were made, was one of the judges
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who presided over the witchcraft trials in Salem. He lived in Salem, at what is now number one hundred and fourteen, on Washington Street.
The Indians were kindly entertained, in Beverly, at the tavern of Mr. Briscoe, who was one of the wit- nesses to the deed. The expense of this hospitality amounted to nineteen shillings and five pence, which represented a good deal in those primitive days.
The expense of the drawing of the deed and the evidence and acknowledging and recording was eleven shillings and eight pence.
The final record of the transaction is that of the settlement of the selectmen with the treasurer at a meeting of the selectmen, March 21, 1700-01. The following is a copy of this record: -
At a meeting of the Select men on the 2 1st day of mach 1700:170I
paid to the Indians for a deed and for acknowledging and Recording of fd deed and witneffes - 06-18-04 .
to mr. Robert Brifcoe for Expences on ye Indians -
00-19-05'
1 Beverly Town Records, volume 2, page 238.
THE DEED OF MANCHESTER
IN 1700, the town of Manchester paid the grand- sons of Masconomet, the sagamore of Agawam, three pounds and nineteen shillings in current silver money of New England, for a release deed of all the right, title, and interest of the grantors in the land then comprising that township.
The grantors, Samuel English, Joseph English, and John Umpee, lived in Middlesex County, at or near Chelmsford ; and the grantees were Robert Leach, John Knowlton, and Samuel Lee, selectmen of the town of Manchester, in behalf of the town. The deed is dated December 19, 1700; acknowledged on the same day ; and recorded in the Essex Registry of Deeds, book 14, leaf 82, Dec. 31, 1700. The following is a copy of this document as thus recorded : --
Know all men by thefe prefents that Wee Sam. English & Joseph English & John Vmpee all liuing in ye Countey of Middlefex in ye prouince of ye Mafsachufets Bay in New England Indians on ye one party & Robert Leach & John Knowlton and Samuel Lee Select men of ye Town of Man- chester in the Countey of Efsex in ye province aforesaid on ye other party witnefseth yt ye Said Sam: Inglish Joseph English & John Vmpee for & in Confideracon of ye Summe of three pounds nineteen Shillings Currant Siluer money of New England to them in hand well and Truly paid before then Sealing and Delivery of Thefe prefents by ye Said Rob- ert Leach John Knowlton & Samuel Ley Selectmen of ye abouesaid Manchester ye Receipt whereof to full Content & Satisfacon They doth hereby Acknowledge and thereof & of Euery part and parcel thereof doth acquit Exonerate and
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difcharge ye Said Robert Leach John Knowlton & Samuel Ley & Each & Euery of them their and Each & Every of thier heirs Executors adminiftrators and afsigns for Euer by thefe prefents & as they doe prefent Themfelues Select men for and in The behalfe of ye Said Towne of Manchester them & thier hiers for Euer the Confideracon of ye aboue- said Summe being Received by vs as abouesd is for that whereas ye Said Towne of Manchester Haue Quietly & peaceably without molestacon Enjoyed ye Soil of Thier Towneship with ye Growth therevpon & appurtenances belonging thereto & Containing therein for ye Space of Sixty yeares & vpward & that in the first place by ye Confent & aprobacon of our Grandfather Saggamore John of Aggawam alias Masquenomenit & Euer Since by Confent & aproba- tion of his Children and by vs his Grand Children being ye now Suruiuing & proper hiers to our Said Grandfather & there hath been yet no deed or legall Conveyance Either by our Said Grandfather Masquenomenett as aforesaid nor by his hiers Succefsiuely vnto this Day of ye Date hereof of ye Soyl of ye Said Township to ye Said Towne of Manchefter Wee ye Said Sam. English Joseph English & John Vmpee hath giuen granted Bargained Sold alien'd Enfeoff'd and Con- firmed and by thefe prefents doth fully freely Clearly & ab- folutely giue grant bargaine Sell aliene Enfeoffe Convey and Confirme vnto ye Said Select men namely Robert Leach John Knowlton and Samuel Ley as they are for and in the behalfe of ye Said Town of Manchester thier hiers & afsignes for Euer all That our full & whole right Title pro- perty vfe Intrest remainder Claim and demands whatsoeuer of in and to all and Singular that Mefsuage or Tenement Scituate Lying & being ye Soyl in ye Township of ye abouesd Towne of Manchester with all ye woods & growth of ye abouesd Soyl with all ye Riuers Waters Water Courfes Is- land or Islands fish fishing places & all other apurtenances & priuiledges as lands meadows Creeks Coues Rocks Stones & whatsoeuer is or May be therein Contained within The
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bounds of ye Towneship of ye Said town of Manchester To Haue & to Hold to them ye Said towne & thier hiers & afsignes for Euer to Improue vfe Occupy & Injoy ye aboue- said premifes to thier profit & behoofe for Euermore And that Wee ye Said Sam English & Joseph English & John Vmpee doe for Our Selues our hiers Covenant & promife to & with ye Said towne of Manchefter them & thier hiers Executors Admis and afsigns that at & before the Enfealing & delivery of thefe prefents Wee are ye True & Rightfull hiers of ye bargained premifes & haue in Our Selues full power good right & Lawfull Authority to bargain and Sell ye Same as aforesaid & that ye Bargained premifes a free & Clear & freely & Clearly acquitted & discharged of & from all other and former gifts grants bargaines Sales Ti- tles Dowers or from any any other Incumbrance from any other In whatsoeuer shall pretend to Lay Claime therevnto and that wee will warrant acquit & defend the said towne of Manchester thier hiers Executors adminiftrrs and afsignes in ye peacable & quiet pofsefsion of ye bargained premifes & Euery part & parcell thereof from time to time & at all times for Euer hereafter against all Indians whatsoeuer laying any Lawfull Claime thereto or any part thereof In testimony wherof Wee haue herevnto afixed our hands & Seals This ninteenth day of December In ye yeare of our Lord God One thoufand Seuen hundred
Signed Sealed & Delivered in ye Psents
of vs Witnefs.
ye marke of
JOHN NEWMAN SAMLL
ENGLISH & a Seale
JOSEPH HERRICK
ye marke of
JOHN VMPEE & Seale
THOMAS WHITTRIDGE
Samuel English an Indian & John Vmpee an Indian both perfonaly appeared before me ye Subfcriber One of his
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Majties Juftices of ye peace for ye Countey of Efsex & ac- knowledged ye aboue written Instrument with thier hands & Seales to be thier act & Deed at Salem 19. December 1700 JOHN HIGGINSON
Joseph English, for some reason, did not sign this deed. In this and in several other recorded in- stances it seemed difficult to find Samuel and Joseph English together.
The grantees of the deed, who were selectmen of the town at the time, were otherwise prominent. Messrs. Knowlton and Lee were young men, and were serving their first term as selectmen. Sergeant Leach was middle-aged and had been a selectman for several years.
Of the witnesses to the deed John Newman lived in Wenham, and had been a representative to the general court for the two years prior to his appear- ance at the execution of this deed, and town clerk of Wenham since 1695. He was son of Rev. Antipas Newman, pastor of the church in Wenham, and at this time was forty years old. Joseph Herrick lived in Beverly. Thomas Whittridge also lived in Beverly, and was about forty-two years old.
John Higginson, before whom the acknowledg- ment of the deed was taken, lived in Salem, and at this time was register of the probate court. He was only twenty-five years of age.
The expense of this deed, including its draft and acknowledgment, was six shillings and eight pence. This sum, added to the amount paid to the Indians, three pounds and nineteen shillings, aggregated four pounds, five shillings, and eight pence, which the selectmen voted, January 16, 1700-01, to raise by
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assessment upon the inhabitants.' This rate was accordingly assessed upon the people.
x "At a meting of the sealect men of manchester upon the 16th Day of January 1700 : 1701 Thare was a rate made and com- mited to Joseph Wodbery constable to collect and gather amounting to the sum of fower pounds and five shillings 8 pence which mony is to pay the Indians for our town ship and make payment of the aforesd sum in unto the sealect men at or before the fifteenth day of march next Insuing the Date hereof." - Manchester Town Records, volume 2, page 138.
THE DEED OF WENHAM
SAMUEL ENGLISH, Joseph English, and John Umpee, heirs of Masconomet, the sagamore of Aga- wam, claimed to own the territory included within the limits of the town of Wenham, and December 10, 1700, the town chose a committee to investigate the mat- ter, and if they thought best to agree with the Indians. Upon the payment of four pounds and sixteen shil- lings, by Captain Thomas Fiske and three others of Wenham, a deed of release was obtained from them. The deed itself, however, states the amount to have been three pounds and ten shillings. The difference of one pound and six shillings may have been the amount of the expenses connected with the acquisi- tion of the deed. The amount was raised by the as- sessment of a tax upon the inhabitants.
In this deed Joseph Foster, Sr., of Billerica and Moses Parker of Chelmsford joined as sureties, and they covenanted that these Indians were the legal heirs of the sagamore, that they were the rightful owners of the soil and had authority to convey the same. The deed was dated on the same day as the deed of Man- chester, December 19, 1700. This deed was never recorded, and the last known of the existence of the original instrument was its production in court in the action of Amos Brown et al. versus Inhabitants of Wenham, at Salem, in 1845. At that time it was taken from the wrapper in which it had been kept by the town treasurer, and never returned. Questions of law in this case, one of which was the admissibility of
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this deed as evidence of title in the town of the land thereby purported to be conveyed, were taken to the full bench of the Supreme Judicial Court. In the writ- ten opinion of the court, a large part of the deed is copied, as follows : 1 -
. . . gave, granted, bargained, sold, assigned, aliened, en- feoffed and confirmed, unto the freeholders and inhabitants of said town, their heirs, successors and assigns, "the Indian title of all that tract or parcel of land, lying within the bounds of said township," bounded by the divisional lines of the sev- eral adjoining towns, " to have and to hold the said tract of land, with the privilege of all rivers, streams, watercourses, ponds, fishings and hunting," &c. &c. "to the inhabitants of said Wenham, their heirs and successors, and such others, and their heirs and assigns, as have any lands lying within the bounds of said township, forever." And the said Samuel Inglish, Joseph Inglish and John Umpee, as heirs as aforesaid, as principals, and said Foster and Parker, as sureties, jointly and severally covenanted with the inhabitants and freeholders of Wenham, and such others as had lands lying within said Wenham, that said Samuel and Joseph Inglish and said John Umpee were the true and only proper heirs of said Mascha- nomett, and were the true and rightful owners of said tract of land, and had in themselves good right, full power and lawful authority to sell, convey and assure the same. And the said Foster and Parker, as sureties, covenanted with the inhabitants and freeholders of said Wenham who were then possessed of the land in said town in their own proper right, and such others as were not inhabitants of said town, but yet had lands lying within the same, that said Samuel and Joseph Inglish and John Umpee, and their heirs, should warrant and defend the same and every part of the above granted and bargained premises to the said freeholders and inhabitants, and proprietors of the lands lying within the
I Metcalf's Reports (Massachusetts ), volume 10, page 496.
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bounds of said township of Wenham, against all other In- dians whatsoever that should make any claim or challenge to all or any part of said granted and bargained premises : And said Foster and Parker further covenanted that said premises were " free and clear, and clearly acquitted and discharged of all former and other bargains, sales and alienations inade by said Maschanomett, or any other Indian or Indians hav- ing lawful right or authority, and that the freeholders and in habitants, and proprietors of the lands lying within the bounds of said Wenham, should hold and enjoy the same, and every part thereof, to them, their heirs and assigns for- ever, as a good and indefeasible estate of inheritance in fee simple.
This deed was executed and acknowledged by Sam- uel English, John Umpee, Joseph Foster, and Moses Parker, but was not executed by Joseph English.
On the back of the deed was written, " D. Rex v. Parker, Ipswich Court, July Ist, 1701," which indi- cates that it was used in the court at Ipswich on that date.
THE DEED OF GLOUCESTER
SAMUEL ENGLISH next made demand upon the town of Gloucester, and a meeting of the inhabitants was held on Christmas Day, 1700, over which Deacon James Parsons presided. At this meeting, the selectmen were given authority to levy a tax upon the inhabitants of the town for "seven or eight pounds in money"; and Lieutenant William Stevens and Ensign Joseph Allen were chosen to settle with the Indians.1 Lieuten- ant Stevens was a native of Gloucester, and forty-one years of age. He was an officer of the local military company, a selectman of the town for several years and representative in 1692. Ensign Allen was a native of Salisbury, a blacksmith, and had come to Gloucester upon his marriage, in 1680. He was forty-six years old at the time of this transaction with the Indians. He was one of the selectmen of the town that year, and had served several years in that and other official positions.
I Such was the language of the vote, but Samuel English was the only Indian who executed the deed.
The record of this meeting is as follows: -
" Att A meeting of the Inhabetants of glocefter december 25th day 1700 deacon James parfons moderater. . .
" the Select men had full powar giuen them at fd meeting to Leuy a taxe or ratt vpon the Inhabetants of feven or Eight pounds in money to defray the demand of the Indians for and about the Land of our townfhip ..
" Leiut william Stevens and Infigne Jofeph Allin are the men Chofe and deputed by the Inhabetants at fd meeting to manage and make A full Conclution about our townfhip with thofe Indians that hath Laid Claime to the Lands of our townfhip."
- Gloucester Town Records.
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This committee came to an agreement with Samuel English, and for seven pounds in current money of New England secured a deed of release from him. He claimed that he was the heir of the sagamore. The territory purported to be conveyed was that of the town of Gloucester at that time, which then included the present town of Rockport. The deed is dated January 14, 1700-01 ; acknowledged on the next day, at Ipswich; and recorded in the Essex Registry of Deeds, at Salem, book 14, leaf 214. The following copy of this deed is taken from the record in the Registry of Deeds : -
To all People to whome thefe prefents Shall come Samuel English an Indian the Grandson & Rightfull hier of Maf- chanomett the Sagamore of Agawam Sendeth Greeting Know yee that I the Said Samuel English Sufficient reafons mouing me therevnto but Especialy for ye full and Just Summe of Seuen pounds of Currant money of New England Truly paid vnto me by Leiut William Steuens and Enfign Joseph Allin a Comitte or agents for ye Towne of Glofster in The Countey of Efsex in New England wherewith I ye Said Samuel English doe hereby acknowledge my selfe fully Satisfied paid & Content for euer and thereof and of every part thereof doe hereby for me my hiers Executors & adminiftrators for euer acquit re- leafe and difcharge them the Said Comitte thier hiers ex- ecutors & adminiftrrs for euer Haue giuen granted bargained Sold & confirmed and doe by thefe prefents for my Selfe hiers Executors & adminiftrīs for Euer grant Bargaine Sell and Confirme for Euer vnto them The Said William Stevens & Joseph Allin in the behalfe & for vfe and property of Said Towne of Glofster them their hiers Executors adminiftra- tors and afsignes for euer a Certaine tract of land knowne by ye name of ye Township of Glofster in the Countey aforesaid in New England Containing by Estimacon Ten thoufand
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acres be The Contents thereof more or lefs as it is abutted and bounded west northwest by Ipswich and west southwest by ye Towne of Manchester according as ye Lines hath been already Settled & by ye Salt Sea on all other parts with all ye Islands thereto belonging according to ye grant of ye Generall Court to Said Towne Together with all ye Lands Soyles waters riuers Streames hauens ports Fifhings huntings Wood Timber Stones grafs feed and all ye rights profits priuiledges and appurtenances belonging to ye Same or any part thereof To Haue & To Hold to them ye Said William Stevens & Joseph Allen and ye Said Towne of Glocefster them thier hiers Executors adminiftrators and afsignes in quiet & peace- able pofsefsion for Euer without the Least lett hindrance or molestacon whatsoeuer & further I the Said Samuel English doe hereby promife Covenant & grant to & with ye abouesd William 'Stevens and Joseph Allin that at & vntill the En- fealing & delivery of thefe prefents I had good right full power and Lawfull authority to giue grant convey & confirme the Said premifes and Euery part thereof with all the appurten- ances as abouesaid it naturaly defcending to me from my predecefsor as abouesaid and doe hereby bind my Selfe hiers Executors adminiftrators and afsignes For Euer to defend ye Said William Stevens & Joseph Allin and The Said Towne of Glofster Then Thier hiers Executors adminiftrrs and afsignes for Euer from all Indian right and Title & from The lawfull Claimes of all perfons whatsoeuer to ye abouesd premifes In Witnefs whereof I ye abouesd Samuel English doe herevnto Set my hand & Seale this fourteenth day of January Seventeen hundred & in ye 12 yeare of his majties reigne
Signed Sealed & Deliured in prefence of vs his
ABRAHAM PERKINS SAMUEL & ENGLISH Seale
JOSEPH FFOSTER
marke
JONA FAIRBANKE
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The within mentioned Samuel English perfonaly appearing before the Subfcriber one of ye members of his Majties Coun- fell for the Province of ye Mafsachufets Bay & Juftice of peace in the Same acknowledged the within written Instrument to be his act & deed.
Ipswich JanTy ye 15. 1700 /1701
JOHN APPLETON
Abraham Perkins, the first witness to this deed, was a resident of Ipswich, where the deed was executed. He was sixty years of age at that time, and a promi- nent citizen. The other two witnesses, Joseph Foster and Jonathan Fairbank, were acquaintances, probably, of Samuel English, and evidently accompanied him from Billerica or that vicinity.
John Appleton, before whom the deed was acknow- ledged, was a resident of Ipswich. He was one of His Majesty's Council for this province and a justice of the peace. He was a native of Ipswich, forty-eight years of age at this time, being a merchant, town clerk, representative to the general court, clerk of courts and colonel of the regiment of militia.
The Indian had been paid and the deed delivered, but the money had not been raised, February 5, 1700- OI, when a town meeting was held to consider the method of securing the necessary sum. The weather was so stormy on that day, that after choosing Lieu- tenant William Stevens moderator, the meeting was adjourned to the eleventh day of the same month. On that day the matter was not determined and adjourn- ment was made to the next day, when it was voted to sell some of the common land for this purpose. The lot layers were appointed a committee to ascertain what offers could be obtained for the land, and report the
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facts at the next general town meeting.' No further record relating to the matter has been found.
' The following is a copy of the record of this meeting: --
" Att A Towne meeting Leagally warned according to the direction of Law which was the fift day of february in the year 1700-1701 the Same day prouing to be Stormy weather the Inhabitants for all mett togather and Chofe Liuet: william Stevens moderator for fd meeting and did by reafon of the Weather AdJourne the meeting to the Leventh Day of the Same month of february and not bringing things to A head for what the meeting was Appointed for . . the meet- ing was AdJourned to the twlueth day of the fame month of febru- ary .
" it was Agreed vpon by the Inhabitants At fd meeting and by Affirmytiue voite there fhould be Land fould viz Som of the town Comon Lands to raife money to pay what Charges the towne is Indebeted for and About the purchafing of the townfhip of Samuel Englifh Indian
" The Lot Layers was Appointed a Comity and Choffen att fd meeting to treat with any of ye Inhabitants that will buy any of the towne Comon Lands and to bring the reporte of it both for place quantity and price to the nex generell towne meeting."
- Gloucester Town Records.
THE DEEDS OF BOXFORD
IN the winter of 1700-01, Samuel English, Joseph English, and John Umpee, three grandsons of Mas- conomet, sagamore of Agawam, claimed title to, and demanded money for, the territory then included within the town of Boxford, which had at that time nearly the same territory as now. A town meeting was held January 15, 1700-01, at which John Perley, Thomas Perley, John Peabody, Thomas Hazen, and Josiah Bridges were chosen a committee to treat with the Indians relative to their demand. The first two named of this committee were brothers, sons of the immigrant Allan Perley, and natives of Ipswich, John being sixty-four, and Thomas fifty-nine, years old at the time of this transaction. John Perley was an en- sign in the militia, a carpenter, and had represented the town in the general court in 1690 and 1691. Thomas Perley was lieutenant in the militia, and had repre- sented the town in the general court in 1689, 1690, 1692, and 1693, and was the deputy at the time of this purchase from the Indians. Both were prominent in the local public affairs, holding the highest offices in the town, John being, at this time, one of the selectmen. Captain John Peabody was son of Lieutenant Francis Peabody, the immigrant, and was fifty-eight years of age. At this time he was the town clerk, having held the office since the incorporation of the town, in 1685. He was also the first schoolmaster, commander of the military company, and had held the highest town offices. He had represented the town in the general court in 1689, 1690, 1691, 1692, 1695, 1698, 1699,
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-
السيدكره صاحب
Residence of Lt. Thomas Perley, in Boxford, where the Indians made their agreement with the representatives of the town as to release of their interest in the territory of Boxford.
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and 1700. Ensign Thomas Hazen was son of Ed- ward Hazen of Rowley, the immigrant, and was forty- three years old. He had been a selectman for many years. Josiah Bridges was son of Edmund Bridges of Ipswich, the immigrant, and was fifty years of age. He was a blacksmith, and one of the selectmen at this time. John Perley lived in what is now known as Barnes' pasture, on the road, now obsolete, which led from the present residence of Elbridge Perley. Thomas Perley lived in the house, still standing, at the great elm tree, commonly known as the Isaac Hale place. John Peabody lived in a house which stood near the barn of the Deacon Palmer place until 1863, when it was taken down. Thomas Hazen lived at the eastern end of Baldpate Pond, and Josiah Bridges lived at the Humphrey Perley place.
This committee was given full power to agree with the Indians both as to the amount of, and time when, the consideration should be paid.
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