Wenham town records, 1687-1706, Part 2

Author: Wenham (Mass.)
Publication date: 1927
Publisher: [Wenham, Mass.] : Wenham Historical Society
Number of Pages: 252


USA > Massachusetts > Essex County > Wenham > Wenham town records, 1687-1706 > Part 2


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WENHAM TOWN RECORDS


That what is above written is a true John Dodge, second


Copy or Entree


Attest Thomas Fisk Town Clerk


Thomas West


Robert Bradford


Samuel Balch.


An agreement made between us whose names are un- derwritten in behalf of the towns to which we do belong viz. Beverly & Wenham and we do hereby agree as fol- loweth


That Wenham shall have therein six hundred acres of common land measured out first between Richard Dodge his land and the West end of Pleasant pond to Ipswich line and it is to be bounded on the longham Meadow on the South so far as the said Meadow goeth and from the west end of said Pleasant pond along by the south side of it untill it cometh to the white Oak at the East end therof called Manchester bound and from thence South- easterly or on a straight line towards Chubbs Creek and so the six hundred acres to be made up at the south east end of said Common as may be most convenient for both parties and the bounds or line between the towns afore- said are to be as followeth. viz from the White Oak tree on Alford's Hill formally a bound between us, and on a straight line towards the white Oak at the east end of Pleasant pond called Manchester bound untill it meeteth with the aforsaid common and then the bounds of said Common to be said town bounds untill they come to the Manchester bound the aforsaid line to extend from the white Oak on Alford's hill crossed on the contrary point untill it meeteth with the village line and Beverly's right in all common lands or proprietory on north and north- westerly side of said line to belong to Wenham Town- ship, but if the line that goeth Eastward from the White Oak on Alford's hill doeth take into Wenham John Dodge 2nd his house in which he now doeth dwell we have agreed as followeth That the said Dodge with his family shall still belong to the town of Beverly and his successors that shall dwell therein on the condition that the said Dodge and his successors shall be liable to pay all public charges


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WENHAM TOWN RECORDS


in and too the town of Wenham or their parts of that, with the persons and moovable Estate that doth belong to said Dodge his dwelling house and shop therin assesed him according to the rate and proportion that the inhabi- tants of the town of Wenham shall be rated and pay from time to time only the said Dodge shall be freed from the county rates in Wenham to be rated in Beverly for the above said house persons and moveables Estate and the above made agreement shall be and is a final agreement of all differences that ever hath been between us about the bounds of said towns respectfully in confirmation whereof we have hereunto set to our hands this 22nd of October 1680


William Dixey


Thomas Fisk


Samuel Corning 2n Charles Gott


William Dodge


Walter Fairfield


Paul Thorndike


William Raymond John Dodge


In pursuance of an agreement between Wenham and Bev- erly bearing date Oct 22 1680 E/M Thorndike Nehemiah Grover Thomas West and John Dodge being sent with full power from the town of Beverly met with the Select- men of Wenham some time in the 2ยช month 1682 to measure out and set the bounds of six hundred acres of common to Wenham according to said agreement did find about three hundred and sixty acres between Richard Dodges farm and the white Oak at the easterly end end of Pleasant pond Ipswich line and the south side of said Pond on the one side and Longham Meadow on the other side and the remainder of the above six hundred acres then made lay Easterly from the above said 360 acres and settled the bounds there unto as followeth viz from the above said white oak at the end of the pond there marked to a white Oak marked W being in or near Man- chester line and about twenty poles more than one quarter part of said line from the white oak at the pond to Chubbs Creek which by computation was found to be about one hundred and sixty and nine poles and from said line to


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WENHAM TOWN RECORDS


a great white Oak which the above said West claims as his bounds which they marked with a W and from thence to another white oak being said Wests bounds and marked it with a W at the root of which lyeth several great rocks, and from thence southwestardly to said West's corner bounds at the gravel ridge and marked it WW and from thence so on about thirty and three rods to a white oak and heap of stones by it and marked with W and B and from thence turning East to Longham Meadow they marked a Red or black Oak with W and B and set a heap of stones about it and from thence to a little red or black Oak by the edge of the meadow and marked it with W and B and set a heap of stones about it and from thence crossing said Meadow to the upland on that side by Longham Meadow which is the three hundred and sixty acres aforsaid aforsaid. Memorandum that before the sighning hereoff it was agreed as followeth that flaggy Meadow and the Island was not mentioned (2nd) as to the three hundred and sixty acres and the two hundred and forty acres expressed divisions be exactly computed or not we determine not (3rdly) the distance between the white Oak at the East end of the pond and the white Oak marked with W expressed, standing in or near Man- chester line, we do not determine that said tree standeth at Exactly such distance or not (4thly) that Ipswich line is the line of said Common from Richard Dodge's farm to the west End of the pond (5thly) the slip of meadow by turnip Swamp included into Wenham by crossing as above was not measured. In witness of what is above written the persons above expressed have hereunto sett their hands -


Thomas Fisk


John Dodge


For Charles Gott Paul Thorndike


For


Wenham |Waltor Fairfield Thomas West Beverly


John Batchelder Nehemiah Grover


We whose names are underwritten being met together by the appointment of Wenham and Beverly to settle the divisional range bounds between said towns according to an agreement made the 22nd of October 1680 between


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WENHAM TOWN RECORDS


agents deputed by the said several towns have agreed as followeth viz - we have run the line from Alford's tree mentioned in the aforesaid agreement Estward to the white Oak at the east end of Pleasant pond called Man- chester bounds and have settled a bound mark between said towns on the Edge of Wenham Common being a stake with a heap of stones which stake and heap of stones shall be the standing bounds mark between Wenham and Beverly and from Alfords tree aforesaid we have run upon the contrary point according to the aforsaid agree ment to a little white Oak tree at or near about the vil- lage bound line which we have marked and made a heap of stones to be alloted to the village line in case it stand- eth not in it otherwise to be the standing bounds between our Towns. Witness our hands this 6th of Nov. 1680


Paul Thorndike John Dodge Nehemiah Grover


Thomas Fisk


Waltor Fairfield


Charles Gott


John Batchelder William Fisk


The above is a true coppy of the original under the hands of the abovesaid persons


As attest John Newman Town Clerk


We whose names are under written being met together to settle the bound line between Salem or the village and Wenham as an end of all claims and controversy between said Towns upon that account have agreed for a full Isue as followth viz to begin at Topsfield bounds at or near the North end of Wenham Causeway at a White oak this marked and sett with stones and so to take the divisional line between E/M Joseph Porter's farm and Wenham mens lands untill it comes to the Estward end of Wen- ham Causeway aforsaid and from thence to the head or to include John Leaches meadow and so from thence to include all John Leaches farm or land and so from the Eastward part of the said Leaches land to make up two hundred and eighty acres from the Eastward of the Causewav aforsaid to the pine stump at the head of Bev- erly old line and so onwards on said line untill the afor-


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WENHAM TOWN RECORDS


said two hundred and eighty acres be made up to Wen- ham - In witness whereof we have hereunto set our hands and seals this 20th of February 1681


John Fisk


William Brown - jun


Thomas Fisk


Samuel Gardner Sen


Charles Gott


John Putnam Sen


Thomas Patch


Israel Porter


Nathaniel Putnam


Joseph Hutchison Daniel Andrew -


The above is a true coppy of the original agreement under the hands of the persons above named -


As attest John Newman Town Clerk We whose names are underwritten being appointed and met together to set the bounds between Salem and Wen- ham according to an agreement made the 20th of this Instant have agreed that from the East end of the Cause- way mentioned in said agreement to a black Oak at the head of John Leaches meadow which is said to be Daniel Andrews Corner bounds which we marked with S on the one side and W on the other and so on a straight line to the most southerly bounds of John Leaches land to a white Oak which we allso marked with S and W and from thence to the head of the line between Wenham and Beverly to a white oak marked S and W and so on the line between Salem and Beverly if said White Oak stands not short allways provided in case Joseph Herrick hath twenty acres of land laying within Wenham line it shall be still expected to belong to Salem and if any of John Leaches meadow there that shall belong to Wenham and in confirmation thereof we have here unto set our hands this 27th of February 1681


John Fisk John Putnam Sen


Thomas Fisk


Israel Porter


Charles Gott Nathaniel Putnam


Joseph Hutchison


John Batchelder Thomas Patch Daniel Andrew


The above is a true Coppy of the original under the


hands of the persons above named as


Attest John Newman Town Clerk


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John Batchelder


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WENHAM TOWN RECORDS


We whose names are here underwritten being met to- gether on the 17th day of May in the year of our lord 1686 for and in the behalf of our Towns Wenham and Manchester respectfully to settle the bounds of the com- mon land that layeth Eastward of the pond called Pleas- ant pond and westward of the pine tree which is the corner bounds between Ipswich and Manchester and so straight over to a white oak tree standing in or near to the line from the end of said pond to Chubbs Creek marked with W and we have agreed to begin the divi- sional line of bounds between us at the said white Oak tree aforsaid which tree is set about with stones and so to run on a straight line to the stump of a great pine tree in or near to Ipswich line called and known by name as Dodge's tree and near about upon a square from the said white Oak at the end of said pond and all that part of said common which layeth Eastward of said line doeth belong to Manchester and that part which layeth west- wardly doeth belong to Wenham and this to be a final Settlement of the bounds of said Townships forever as witness our hands the day and year above written


Richard Glutton John Libby


John Batchelder Samuel Leach


Walter Fairfield John Ley


We whose names are underwritten being impowered by our respective towns viz Topsfield and Wenham and met together this 5th dav of the third month 1682 to settle a Divisional line between our towns have agreed that from a little tree near Joseph Porters Meadow marked with T and W and set about with a heap of stones and from thence to a clump of Maples marked which stand North- ward from the aforsaid and stands by Charles Gott's Meadow and from thence toward the river according as the brook runs untill it cometh to an Island by the edge of the swamp Joining to a piece of meadow called Pigeons meadow and from the west point of said Island by the edge of the meadow untill it comes to the west side of pigion's meadow aforsaid and including said Meadow to Wenham to an Island called Huckleberry Island and


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WENHAM TOWN RECORDS


from thence to the east end of said Island including all Walter Fairfield's Meadow to Wenham by a straight line and this agreement to be a full settlement of a divisional line between our towns and in confirmation hereof we have hereunto set our hands -


Thomas Fisk Thomas Baker


Walter Fairfield


Jacob Towne


Charles Gott


John How i


Thomas Patch William Fisk


At a Town Meeting Oct 17th 1693 Several of the Inhabi- tants of Topsfield having propounded for an abrasion of that part of the divisional line between Topsfield and our town as was formally stated viz that part from the brook at James Moulton's Island toward E/M Salton- stalls meadow the town have now by their vote empow- ered E/M John Newman John Perkins & Thomas Kim- ball to make an abrasion of said part of sd line and they meeting with a committee which Topsfield shall appoint with full power who together shall make and complete the above said abrasion


At a general Town meeting 6th of March 1693 or 4 Lieut Thomas Baker Capt John How & Ensign Jacob Towne are chosen and empowered to settle and run out the line between Wenham and Topsfield and what they do the Town will stand by. Voted Copy Verbatum as it stands in our town records. Attest Ephraim Dorman Town Clerk for Topsfield -


We whose names are hereunto subscribed being appointed by our several Towns to which we belong viz. Topsfield and Wenham with full power to make an abrasion of that part the divisional line between between our Towns from the brook at James Moulton's Iland Toward E/M Salton- stalls Meadow we have agreed as followeth being met to- gether this 7th day of Dec Anno Domi sixteen hundred . and ninety four in order to the completing of the same that whereas in an agreement between Topsfield and Wenham pigeon meadow so called was Included to be- long to Wenham and the Island commonly called Huckle-


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WENHAM TOWN RECORDS


berry or Wenham Island or the greatest part of it was included to belong to Topsfield we have now agreed for an abrasion that the said pigeons Meadow from hence forward shall belong to Topsfield and the Island com- monly called Huckleberry or Wenham Island shall from henceforward belong to Wenham and the bounds that are or shall be agreed to be the bounds of pigeons Meadow untill it comes to Beverly Ditch and then said ditch un- till it comes to the river shall be the stated bounds be- tween our towns of Topsfield and Wenham and in Wit- ness where of we have hereunto set our hands inter- changbly


True copy of John Nawnan For


the original John Perkins


Wenham


Thomas Baker John How


Attest Thomas Kimball


John Neman


For Topsfield


Town Clerk


At a meeting of the committee Dec 26th 1695 for the setting the bounds of land . they having been upon the place do allow of farmer John Porters bounds of forty acres in the right of Thomas Spooner of forty acres as followeth viz. beginning at the white Oak southerly of Samuel and Taylor's Fisks' house anciently marked on four sides and from thence 74 poles to a white oak marked on four sides and from thence turning Southeasterly 451/2 poles or there abouts to a walnut tree marked on four sides and from thence turning Northeasterly to a maple stump and heap of stones 92 poles or thereabouts which is James Friends bounds of forty acres and from thence turning Northwestwardly to the bounds first mentioned 1081/2 poles or there abouts


Thomas Fisk William Fisk Thomas Patch


March 31st 1696


We whose names are under written being appointed by the town to go upon the place and consider Thomas Patch's claim according to bounds Entred in the town


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WENHAM TOWN RECORDS


book and to consider his proposition to make some ex- change if his bounds were to be allowed


We being upon the place and considering the matter do determine that as a full isue of the matter the bounds at the gutter by Joseph Abby's corner shall be removed to the southwest corner of William Knowltons land and from thence runing upon a line to a fixed rock with a heap of stones. Squaring with John Dodge's corner of his stone wall about three poles northward from it and from thence to Benjamin Edwards his bounds about seven poles southward from the stake and heap of stones on the north side of the lane leading to Richard Dodge's land which is the South Easterly corner of two acres of land which he said Thomas Patch have confirmation of by the town as may appear -


Thomas Fisk William Fisk Thomas Patch


We whose names are under written being a committee appointed by the town of Wenham on the one part and John Perkins John Gilbert and Daniel Kilham propri- tors of that land formally Captain Epps his land on the other part, being met together this eleventh day of feb- ruary 1696/7 to settle a divisional line between Wenham and the aforsaid land from the White Oak formally marked by Ipswich and Wenham for a bounds between Ipswich and Wenham standing on the west side of Pleas- ant Pond near the edge of the great swamp have mutu- ally agreed and settled said line through the great swamp and marked several trees in the line with W and I to the edge of said swamp near the spring that runneth into the river where we allso marked a maple with W and I which line is stated and settled to be a divisional line between the town of Wenham and the Alford's Propritors land which was formally Captain Epps as above said and in confirmation thereof we have hereunto set our hands Thomas Fisk John Perkins


Walter Fairfield James Friend Samuel Kimball


Daniel Kilham John Gilbert


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WENHAM TOWN RECORDS


At a general Town Meeting of the free holders and In- habitants of Wenham held by adjournment March 10th 1696-7


The free holders interested by law in town commons do by vote of the major part agree and order as followeth that is to say that the common land belonging to the town shall be divided amongst so many as now are or shall be allowed to have interest or privilege in said common be- fore the making of such division which shall be to every person interested an equal part of the said commons to be made and laid out to every man as shall be most bene- ficial and convenient for situation equally to be accounted by the quantity and quality of wood and timber growing upon the land which division shall be made by men chosen by the said propritors for that work and in case of dissatisfaction of any or several of the propritors they shall have liberty to challenge an Exchange half of theirs for half of their neighbors which they shall think better Such claim to be made before entry be made in the town book of their bounds and shall be considered and allowed by a committee chosen by the interested to determine with whom such exchange shall be made and so being perfected entry shall be made of the bounds in the town book and to whom it was laid out. which shall be a good title for the appropriating to every such interested person such part as shall be set out to them as above said for the use and improvement of the wood and timber that is grown or ever shall grow upon that land provided allways that no person shall have liberty to sell their share to any per- son not belonging to said town to be improved by them for their use out of the town nor to appropriate the same by fencing in the same or any part of it or suffer it to be done upon penalty or forfiting their part to the town. The use and benefit of the whole common is agreed upon by the interested to belong to the town for herbage as formally and not to be appropriated by any person or persons


May 23rd 1692 - Know all men by these presents that wheras I Joseph Herrick sen- husbandman of Salem vil-


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WENHAM TOWN RECORDS


lage in the county of Essex in New England having a tract of land lying within the limits of Wenham accord- ing to a Settlement of the boundline between Salem Village and Wenham and upon the settlement of said line there was twenty acres of my said land which was by said town bounds taken into Wenham reserved to belong to said village but not then determined where said twenty acres should be laid out.


Now know ye that at a meeting with the selectmen of Wenham on the day above said I do hereby determine and agree with said Selectmen that said twenty acres of land reserved as above said shall be along by the side of Wenham common and joining to it from the southwest- erly side of my land both Ends to be of an equal breadth and in witness thereof I have here unto set my hand


Joseph Herrick


Witness Thomas Fisk The mark of John Neman Select


James Friend


Richard O H Glutton John Porter 1 men The above is a true entry of the original agreement and compared on this day March 15th 1716


Attest William Rogers Town Clerk The original is on file


At a meeting of the Selectmen Dec 26th 1696


Whereas the inhabitants of this town did at a town meet- ing May 26th 1696 vote that there should be a convenient cart way laid out from the meeting house to the Neck through the land of Joseph Fowler and Zacheus Gold- smith which they bought of the Executors of of E/M Thomas Smith late of Boston deceased as in and by said record more fully appears to pass through gates


The Selectmen have this day agreed with the said Joseph Fowler and Zacheus Goldsmith the proprietors of said land that there should be a convenient cart way for the inhabitants of our Town to pass too and from the Neck over their land where the way hath for many years last passd gone and which way shall still be continued provided the town be at the cost of making and main- taining convenient gates for the ihabitants to pass through


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WENHAM TOWN RECORDS


where they are needful the said Fowler and Goldsmith to provide the gates and the town to pay for them which way shall remain as a standing way for the inhabitants Except the proprietors of said land shall see cause to remove said way where it may be as convenient for the said Inhabitants to pas provided said Inhabitants be careful in the passing too and from over said land that they do not damage the said proprietors by leaving open their gates and in confirmation wheroff the said Joseph Fowler & Zacheus Goldsmith do oblidge themselves their heirs and Executors and administrators and in witness whereoff they have hereunto sett their hands the day and year above said


Joseph Fowler - Zacheus Goldsmith


At a meeting of the Select men March 15 - 1696 Then agreed with John Dodge son of Lieut. John Dodge of Beverly for an accommodation of a convenient highway for our Inhabitants to pass over his said Dodges land in the Neck which he bought of John Fisk and for a full Isue and settlement of the said way the town shall have all the land belonging to said Dodge between the land of John Barr and Samuel Dodge which he bought of John Carpenter untill it comes to the south westerly corner of said Dodges called Carpenters bounds and from said Car- penters bounds so called on a line ten foot southward of a small white Oak tree standing near a little swamp and so along by the side of said swamp three foot from the edge of said swamp till it comes to a cleft rock and so to and old walnut stump and so rounding on the side of the hill untill it comes to a white oak tree standing in said John Dodge's fence and so as the fence now standeth until it cometh to the corner of said Dodge's fence and all the land laying to the southward of said line between that and Goodman Kilham and Good- man Barrs land which said piece of land containeth about six acres and one half to be common land and be- long to the town of Wenham and to be free to the inhabi- tants thereof without any reclaim challeng or demand


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WENHAM TOWN RECORDS


of him the said John Dodge his heirs executors adminis- trators and in consideration whereof the town do allow and lay out to Richard Dodge Sen. in the right and assignee of the said John Dodge three acres of land in flaggy meadow plain adjoining to Richard's own land and to make up to said John Dodge full satisfaction for the above said land the selectmen have agreed in behalf of the town that the said Dodge in full satisfaction for the above said shall take in 6 polls of swamp land in width at the westwardly corner of his fence next to John Kilham's land and so to run northwardly on a line to a stake standing by the edge of the brook two poles west- ward of a stake standing near said Dodg's fence as now it standeth which is a corner bound of an acre of swampy land which was layd out to Samuel Kilham's bound on a line to a beach tree marked standing on the edge of Thomas Whites farm and from thence turning South Easterly to a heap of stones which is a corner bound of Thomas White's farm. This be a final Isue and settle ment of the whole matter and in witness whereof the selectmen in behalf of the town on one part and John Dodge for himself and his Executors and administrators mutually set to their hands Allso it is agreed that the said John Dodge shall have the liberty of all the rocks on the land which the town hath of him except so many as shall be needful to be used about making the highway Allso it is agreed that the said six poles in width above mentioned is staked and settled to be and remain as the new fence is now set upon a slant from the corner.


John Dodge


Thomas Patch John Perkins John Newman John Porter


Selectmen


Copied verbatim of the original agreement between John . Dodge and the Selectmen of Wenham - under their hands Attest John Newman Town Clerk -




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