USA > Massachusetts > Essex County > The Indian land titles of Essex County, Massachusetts > Part 8
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The next day, the committee and Samuel English, one of the Indians, met at the house of Lieutenant Thomas Perley, who conducted a public-house at that time. This house is still standing, and has been almost unchanged in its appearance during the two hundred and twenty-odd years of its existence. This ancient homestead is shown in the engraving on the opposite page. The great elm tree was not there then, but it is nearly as old as this transaction with the Indians. Colonel Dudley Bradstreet of Andover, a justice of the peace, was, also, probably present and wrote the deed, which the Indian acknowledged be- fore him. For this service the colonel was paid five shillings and sixpence.
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The Indians proved, by the testimony under oath of several other Indians, that they were grandsons of Masconomet and his heirs.1
The committee delivered to Samuel English eight pounds in money, and paid the charges of the several Indians, amounting to about one pound and four shillings, as well as furnishing them with food and drink. The consideration named in the deed was nine pounds in current money. Thomas Hazen advanced two pounds of this amount, Thomas Perley, one pound and ten shillings in money and one pound in food and drink, John Perley, one pound and six shil- lings, and John Peabody, one pound and four shil- lings. Dr. David Wood, a physician of the town at that time, and a man of means, lent the committee two pounds and four shillings. Thomas Perley also paid Colonel Bradstreet the five shillings and sixpence for the deed. Doctor Wood was repaid his money as fol- lows : by Josiah Bridges thirteen shillings and sixpence for himself and his father "for their own share" five shillings, and by John Peabody one pound and five shillings.
The deed was dated January 16, 1700-01, and re- corded in the Essex Registry of Deeds February 20,
' The deed signed by Samuel English was recorded in the records of the town of Boxford, and at the end of it is the following state- ment : -
" This is a trew Copey of the Indian deed which Samuell English an Indian grand son and heair of mafkenominit Sagemoer of aggawom who Chalenged the Town of Boxford to bee part of his grandfathers Land and proued it so to bee by sevaral Indin testimoney vpon oath and so to preuant fother trubbel and to Satisfy the Indian native heaier the Town of boxford haue giueen him the full sum of nien pound in money."
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1704-05, book 16, leaf 188, and also in the Town Records of Boxford. The following copy is taken from the record in the Registry of Deeds: -
To all People to whom these prsents shall Come Samuel English an Indian ye Grandson & heir of Maschanomett the Sagemore of agawam in ye County of Efsex in New Eng- land Sendeth Greeting Know yee that I the Said Samuel English Good & Sufficient Reasons & Consideracons moving me Thereunto & for the full & Just Sum of nine Pounds of Currant money of New England Truly Paid unto me the Said Samuel English ye Receipt wrof I do hereby acknow- ledge in full of all Rights of Indian Claimes & Titles what- soever by Ensign John Pearly Leivt Thomas Pearly Ensign Thomas Hazen Leiut John Peabody & Josiah Bridges a Comittee & Agents for ye Town of Boxford in the County of Efsex in ye Province of ye mafsachusetts In New England wherewith I the said Samuel English do hereby acknowledge my self fully Satisfied Paid & Content for Ever have given granted Bargained Sold & Confirmed & Do by these presents Fully Freely & absolutely give grant Bargain Sell & Confirme for Ever unto them the Said John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges & to as many others of ye Proprietors & Inhabitants of said Town of Boxford as shall well & Truly pay unto the abovesd Comittee at or Before ye First day of may Next Ensuing the date hereof Their due & Respective Shares & propor- tions of ye Sum of money Abovesd & all other Charges Ex- pended by said Committe in & about the Same to their due Satisfaction a Certain Tract of Land Containing by Esti- macon Twelve Thousend acres be ye Contents Thereof more or be they Lefs Known by ye name of ye Township of Boxford in ye County aforesd being abutted & Bounded Northerly by a Marked Pine Tree on the Southerly Side [of] merrimack river which is the Corner Bounds and then the Line runs by the marked Trees that are Between Andover
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& Boxford & Southerly according as ye trees are marked be- twixt Andover & said Boxford as it hath Been Preambulated till it Come to the Eight mile Tree so called which is a bound mark betwixt said Andover & said Boxford & South- erly to a white oak which is the Bounds betwixt Wills Hill men & said Boxford & then southerly to a Wild Pear Tree or Box tree Standing by Ipswich River side & then easterly as the River Runs till it meet with Ipswich Line which said Line doth extend six miles from said Ipswich meeting house & then upon a straight Line till it Come to an apple tree yt is in Leivt Pearlys feild marked & then it runs with Ipswich Line untill it meets with Rowley Line near Caleb Jacksons & so till it Come to a white oake in Bradford Line as it is setled betwixt Boxford & Rowley & then westerly till it meet with ye Pine Tree first mentioned Parting betwixt Boxford & andover all which said Tract of Land in the said Township of sd Boxford according as it is Bounded or ought to be Bounded with all the Lands Soyles Rivers Brooks streams water waters Ponds Fishings huntings Wood stone Grafs feed and all ye rights proffitts Priveledges Comodities & appurtences thereto belonging or in any manner of wise appertaining to ye same or any part thereof To have & To Hold to them the said John Pearly Thomas Pearly Thomas Hazen John Peabody and Josiah Bridges and to others of the Inhabitants & Pro- prietors of said Town of Boxford Provide as is above Pro- vided to them yr heirs Executors admintrs & afsignes in Quiet & Peaceable pofsefsion for Ever In fee simple a good & sound Estate of Inheritance freely & Clearly acquitted Released & discharged of all & from all Indian rights and titles whatsoever yt may Be made by me or any other Na- tive in this Land of New England Further I ye said Samuel English do hereby Covenant promise & Grant to & with ye abovesd Comittee of ye Towne of Boxford yt at & untill the ensealing & delivery of these presents I had good right full power & Lawfull authority to grant & Convey ye same & all ye premises as abovesd hereby Binding my self heirs
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executrs & admis forever to defend the said John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges & others according as is provided Before them their heirs executrs admis & afsignes for ever from the Lawfull Claimes of all persons whatsoever to ye same or any part of ye abovementioned & granted premises In witnefs whereof I the said Samuel English do hereunto set my hand & Seale this Sixteenth day of January seventeen hundred seventeen hundred & one & in the 12th year of ye Reign of our Royall Soveraign William ye Third over England &c King &c
Signed sealed & DD in presence of us his ENGLISH & a seale
THOMAS BAKER SAMUEL
JOSEPH FFOSTER MOSES PARKER
mark
Samuel English an Indian appeared before me ye Sub- scriber one of his majties Justices of peace for ye County of Efsex & acknowledged this Instrumt to be his act & deed this 16th of Jan 1700/701
DUDLEY BRADSTREET
Captain Thomas Baker, the first of the witnesses to this deed, lived in Topsfield, and at this time was sixty-four years of age. He was a native of Norwich, England. The others were those men who accom- panied these Indians in these transactions, Joseph Foster being, probably, of Billerica and Moses Parker of Chelmsford.
It is not known why Joseph English and John Umpee did not release their interests in the land at this time, as all were present apparently.
On the tenth of the next October (1701), Joseph Foster brought the other two Indians, and they signed another deed of import similar to that which Samuel
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English had executed. For this release John Peabody paid them two shillings and sixpence in silver, and they were also furnished with "rum and victuals enough." This deed of quitclaim was written by Isaac Addington of Boston, and he was paid three shil- lings. At this time he was fifty-five years of age, judge of the court of common pleas, and had been Speaker of the House of Representatives. He was instrumental in the overthrow of the government of. Sir Edmund Andros, and then became clerk of the committee which had the affairs of government in charge and later secretary of the provisional govern- ment which followed. He was a man of great mod- esty, industry, integrity, and wisdom.
In this deed all three of the Indians were named as grantors, probably erroneously. The deed states that nine pounds in silver was its consideration, but the evidence of payment is that it represented about the sum actually paid to all the Indians.
This later deed is dated in 1701, the acknowledg- ment being taken October 22, 1701, and was recorded in the Essex Registry of Deeds, book 18, leaf 33, Feb- ruary 24, 1703-04. The following is a copy of this deed as it is recorded in the Registry of Deeds : -
To all People unto whom these presents shall come Sam- uel English Joseph English & John Vmpee Indians Grand Children & the next true rightfull and Lawfull heirs of mus- quonomet alias muschonomet Indian Cheif Sagamore & na- tive Proprietor of that whole Tract of Land Extending from the Southerly Side of the River merrimack unto naumkeeg otherwise Called Bafs river lying in the County of Efsex within his majties Province of the mafsachusetts Bay in New England Send Greeting whereas Divers Englishmen many
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years Since in the Life time of the Said musqunomet als muschonnomet with his Knowledge Lycence & good Liking did Enter into Subdue Improve Build & Settle an English Plantation Containing about Twelve Thousand acres of Land more or Lefs now Called & Known by the Name of the Town of Boxford within the aforesd Tract of Land in the said County of Efsex, which said Plantation or Town- ship & the Lands thereto Belonging are Butted & Bounded Northerly by a marked pine Tree on the Southerly Side of merrimack River aforesd which is the Corner Bounds & then the Line Runs by marked Trees that are between Andover & Boxford & Southerly according as the Trees are marked betwixt said Andover and Boxford, as it hath been perambulated till it Come to the Eight mile Tree so called which is a Bound mark betwixt said Andover & Boxford & Southerly to a white oak which is the Bounds betwixt Wills Hill men & said Boxford & then Southerly to a wild Pair tree or Box tree standing by Ipswich River side & then Easterly as the River Runs till it meet with Ipswich Line which Said Line doth Extend Six miles from Said Ipswich meeting house & then upon a Straight Line till it Come to an apple tree that is in Leivt Pearlys field marked & then it Runs with Ipswich Line until it meets with Rouley Line near Caleb Jacksons & so till it Come to a white oak in Bradford Line as it is setled betwixt Boxford & Rowley & then westerly till it meet with the Pine Tree first mentioned parting Betwixt Boxford and Andover Now Know yee that we the Said Samuel English Joseph English & John Vmpee the true Rightfull & Lawfull heirs of the said musquonomonet als muschonnomet as aforesd as well upon the Consideracon aforesd as for divers other good Causes & Consideracons us thereunto moving more Especially for & in Consideracon of the Sum of nine pounds Currant Silver money of New England to us in hand at & before the Ensealing & delivery of these presents well & truly paid by John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges all of
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Boxford aforesd yeomen a Comittee & agents for the Said Town of Boxford The Receipt whereof we do hereby ac- knowledge & our Selves to be therewith well Satisfyed Con- tented & fully paid Have Granted aliened Enfeoffed Re- leased Ratifyed Confirmed & forever Quit Claimed & by these presents for our selves & our heirs Do fully freely Clearly & absolutely grant aliene Enfeoffe Release Ratify Confirm & Quit Claim unto the Said John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges and the Rest of the Freeholders & Proprietors of the Said Plan- tation or Township of Boxford in their actuall pofsefsion being all the aforesd quantity and Tract of Twelve Thou- sand acres of Land more or Lefs Scituate Lying & being in the sd County of Efsex & Butted bounded & described as aforesd or howsoever otherwise the Same is bounded or Re- puted to be Bounded Together with all & Singular the Trees Timber woods underwoods Rivers Brooks ponds Streams waters water Courses marshes meadows feilds feedings fish- ing fowling hunting Edifices Buildings Rights members pro- fitts priviledges Comodities advantages hereditaments Emolu- ments & appurces whatsoever upon or Belonging to the Said Tract of Land Plantation or Township of Boxford aforesd or to any part or percell thereof & all the Estate Right Title Interest Inheritence use property Claime & demand whatso- ever of us the Said Sam" English Joseph English & John Vmpee & each of us our & each of our heirs of in or to the Same & the Reversion & Reversions Remainder & Remain- ders thereof To Have & to Hold all the said herein before granted Released and Confirmed premises unto the said John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges & the Rest of the Freeholders and Pro- prietors of the Town of Boxford aforesd their heirs & af- signes to their only proper use Benefitt & behoofe for Ever & we the Said Samuel English Joseph English & John Vmpee for our Selves & our heirs do hereby covenant grant & agree to & with the Said John Pearley Thomas Pearly
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Thomas Hazen John Peabody & Josiah Bridges & their heirs & afsignes on behalfe of themselves & other the ffree- holders & Proprietors of Said Town of Boxford their heirs & afsignes for ever that we the Said Samuel English Joseph English & John Vmpee are the true Rightfull & Lawfull heirs of the beforenamed musquonomonet alias Muschono- met & that we shall & will warrant & defend all & singu- lar the Lands & premises by us herein before granted Re- leased & quit claimed unto ye sd John Pearly Tho : Pearly Tho: Hazen John Peabody Josiah Bridges & other the Freeholders & proprietors of the Town of Boxford aforesd their heirs & afsignes for Ever against our selves & our heirs & all & Every other person or persons Claiming any Right title or Interest therein from by or under us any or either of us from by or under our Said Grandfather Musquono- monit alias muschonnomett In witnefs whereof we have hereunto Set our hands & seales the day of anno Dom: 1701 annoq R Rs Gulielmi Tertii anglie &c Decimo tertio.
Signed Sealed and DD
his
by JOSEPH FOSTER
JOHN BOYNTON
JOSEPH
ENGLISH & seal
mark
his
JOHN
VMPEE
& seal
mark
Joseph English & John Vmpee appeared before me the Subscriber one of his majties Justices of ye peace for the County of Efsex & acknowledged this Instrumt to be their act & deed this 22d of octobr 1701
DUDLEY BRADSTREET F peace
Joseph Foster, the first witness, was the person of that name from Billerica who seems to have accom-
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panied these Indians upon occasions like this, as he appears generally as a witness to their deeds. John Boynton was a sergeant in the militia of Rowley, where he lived, and was fifty-three years old. His occupa- tion was that of a husbandman and weaver. Colonel Bradstreet, who took the acknowledgment, was the same magistrate who appeared in the execution of the deed of Samuel English.'
I A record of these transactions is contained in the Town Records of Boxford, as follows: --
" At a legal Town meting hild in boxford the 15th of Jenewary 1700 / 1701: the Town Choes Sargent Thomas Andrus moderator for the meeting: also the Town voted to Choues a Commety to treeat with the Indians a bought thaier demand of money for our Town being with in the tract of land the Indians have claimed to beelong to the Sagemoer of aggowam which also thay have proved thay bee the grand Children of the sd Saggamoer: the Commety chosen for this sarvis bee as folow
" Ensien pearly Leftenant pearly John pebody Ensien heazen Jo- siah bridges the Toun haue agreead and voted that this Commety or the major part of them have full power to agree with the Indians in order to thair demand both for quantety of money and for the time when it shall bee payed also have voted to levye and Raise the money preporsanebly upon all the land with in our township
" The 16th of Jenewary 1700 / 1701 the Commety a Cording to the Towns order have a greead with Samuel English the grandson of Mascanomenet Sagemoer of aggawam Conserning his titel to our town; and wee have tacken a deed of him from bradford bounds to Ipswich River and from wils hill to Ipswich lien a Cording to the Court grant to Rowley: and wee have given him Eaight pound of money and all thair Charges which is about nien pound and fouer shillings in the whol
" and hear is an account of what Each man layed down to mack vp the sum Ensien pearly -01-06-00 Leftenant perly -01-10-00 Ensien heazen 02-00-00 John pebody -01-04-00 and david wood lent the Commety -02-04-00 and Leftenant pearly on pound in vittels and drink -01-00-00 and . 5. Shillin and 6d for acknowlegment of the deed -00-05-06
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" about the Ioth of october 1701: Josaph foster brout Josaph In- glish and John Vmpee to set thair hand to a quit Cleam and Resaived of John pebody two Shillings and sixpenc in Siluer and Rum and vittels Enouf
" alfo John pebody payed mr Adington 3s for writing the quet clame that thes tow Indians suied untow
" the -21 -04s lent by david wood is payed agaien. thirten Shiling and sixpenc by Josiah bridges and .5s. shilling he payed of it for his father and himself for thair owen Shaer and by John pebody one pound five Shillings and Sixpenc so that the -21-4s is payed agaien "
THE DEED OF ROWLEY
As attorneys of Samuel English, Joseph English, and John Umpee, Indians, who affirmed that they were the heirs of Masconomet, the sagamore of Agawam, some men, whose names are unknown, but who were probably Joseph Foster of Billerica and Moses Parker of Chelmsford, demanded possession of the land in- cluded within the town of Rowley; and a meeting of the inhabitants was held December 28, 1700, to con- sider the claim. Deacon Ezekiel Jewett, Samuel Platts, and Captain Joseph Boynton were appointed a com- mittee to make inquiry about the claim and endeavor to perfect the title of the town to the territory on the best terms they could. An agreement was made with Samuel English, one of the Indians, and, upon the payment of nine pounds, he gave a deed to the town, releasing his claim to the land.' There is no known record of this deed, and whether the original document is in existence or not is also unknown.
January 17, 1700-01, a meeting of the inhabitants of Rowley was held, and it was voted that the com- mittee should be remunerated for the nine pounds
I " At a legall meeting of the inhabitants of the town of Rowley December 28th 1700 their was chosen Deacon Ezekiell Jewett, Sam !! Plats & Captain Joseph Boynton to treat with Gentlem improved & impowered as attorneys for the indians which make a demand of our lands who do affirm that they are the proper Heirs to masquenomenet Sagamore of Agawam & to make enquiry about our title, & labour to cleare up our title to sd lands to their satisfaction if it can bee: or other- wise to agree with sd atturneys & what sd comittee shall do therein shall be a valued act." - Rowley Town Records.
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they paid to the Indian for this deed for the levy of a tax upon the lands within the town privately owned.1
Of the committee appointed to adjust this matter with the Indians, Deacon Jewett was then fifty-seven years of age, and had been deacon of the church in Rowley for fourteen years. Samuel Platts was about fifty-two years old, town clerk for several years, and wrote most of the deeds and wills of the people there for many years. Captain Boynton was fifty-five years of age, and a prominent man in the town. He was commander of the military company and town clerk and representative many years.
I " At a legall meeting of the inhabitants of Rowley Jan 17th 170 it was agreed & voated that the rate for raising the money to satisfie the nine pounds paid to the Indian Samll English for a title to our township & the charge thereabout should be proportioned by the selectmen upon lands & freeholds belonging to the inhabitants of this town & others that have lands or meadows within the town bounds. Voated & passed on the afirmative." - Rowley Town Records.
BRADFORD DEEDS
THE people in Bradford apparently learned, in some way, that claims to the title of their territory would be made by both Englishmen and Indians. The Eng- lishmen may have been those claiming under Robert Tufton Mason, who was the successor of his grand- father, Captain John Mason, the early grantee of some lands between Charles and Merrimack rivers and three miles beyond each river; but more likely they were Joseph Foster and Moses Parker, as they were associ- ated with these Indians in their transactions with the several towns.
A meeting of the proprietors of the town was held November 23, 1700, at which Ensign John Tenney was the moderator. Ensign Joseph Bailey, Corporal Richard Kimball, and John Boynton were appointed a committee to treat with these claimants concerning titles. Later in the meeting Ensign John Tenney and Philip Atwood were added to the committee, which was given full power to act in behalf of the town, according to the best of their judgment.'
I " Att a legall town meting held in bradford, on the : 23 : of nouember 1700 Insine tenny was chosen modratar fiue men wear put to uot to treat [with] the Inglish men and the Indenes when thay com consarneng the titel of our land namly, John tenny Joseph baly Rich- ard Kemball sent philip Attwood and John boynton it passed in the afermitiue the town gaue them pour to act in the behalf of the towne.
" on the same day weare put to uot how the charges that might aris on this account both in purching of the indens if need weare and also the charges of the comity should be defrayed it pased in [ 120 ]
I2I [ ]
Joseph Bailey was about fifty years of age at this time; Richard Kimball was forty; John Boynton was a weaver, and aged fifty-three; John Tenney was about fifty-three ; and Philip Atwood was a weaver, aged forty-two, a native of Malden, and had come from Lynn to Bradford several years before this time.
At this meeting of the proprietors the matter of defraying the charges of the committee and transfer was discussed, and it was voted to levy the amount upon the land in proportion to the quantity of land each person owned, treating it as all "wilderness land."
The Englishmen did not appear, but the In- the afirmitiue: that thay should be lauied upon euery manes propriety of land that lyes in the bounds of the Towne."
- Bradford Town Records.
The following is a copy of the record of this meeting as recorded in the Essex Registry of Deeds, book 15, leaf 137: -
" att a Legall meeting of ye proprietors of Bradford in ye 2 3 of novembre 1700 Ensign John Tenny was first chosen moderator he appointed 3 men to treat wth ye Englishmen & Indians if they come concerning ye title of our land ye 3 men were put to voat singly namely Insign Baly corporall Richard Kimball and John Bointon & they all pafsed on ye afirmatives afterwards at ye same meeting added to ye former Three Insign Tenny & Phillip Atwood ye Proprietors gave them full power to act in behalf of ye town according to their best Judgmt or any thereof of them on ye same day ye 23d of november 1700 their was a discourse how ye charges should be defrayd yt might arise as to purchasing of ye heathen if need were & also ye charges as to ye comittee for their Expences of his was put to voat if ye charges should not be laid on every mans land according to his proportion of land as Wildernefs land & it pafsed on ye affirmative yt so ye charges should arise.
" the Town clerk being absent ye proprietors then chose me to write wt they did act"
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dians did. They were Samuel English, Joseph Eng- lish, and John Umpee. An agreement was made with them to release, for three pounds and ten shil- lings in silver, their interest in the territory, which included Gage's Island in the Merrimack River, and excepted Mr. Phillips' farm of three hundred acres lying between the river and the road leading to Rowley.
The deed was prepared January 30, 1700-01, but the Indians afterward came separately, and exe- cuted it. Samuel English came March 21st, and acknowledged it in Haverhill, probably at the house of Nathaniel Saltonstall, a justice of the peace, before whom the acknowledgment was made. Joseph English came July 31, 1701, and acknowledged the deed, also in Haverhill, before Nathaniel Saltonstall, and John Umpee appeared October 22, 1701, and executed it in Andover, probably at the house of Colonel Dud- ley Bradstreet, a justice of the peace, before whom the acknowledgment by this Indian was made. Na- thaniel Saltonstall was a magistrate, trained in the law, and was one of the judges assigned to try the first witch cases at Salem in 1692. He was so little in sympathy with the whole proceeding that he re- fused to further compromise himself by participating in the trials.
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