USA > Massachusetts > Essex County > Wenham > Wenham town records, 1687-1706 > Part 3
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At a meeting of the Selectmen May 318+ 1697
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WENHAM TOWN RECORDS
Being met together in order to laying out of a highway for the Inhabitants of our town to pass over the land of Nathaniel Waldron which he bought of Zacheus Goldsmith the which we have performed as followeth viz. beginning at the Southwardly end of a piece of stone wall standing near the Cellar that was formally Richard Goldsmith's late of said Wenham deceased and so going Eastwardly from the end of said stone wall about three feet south- ward of said cellar to a rock fast in the ground on the top of the hill with some small stones about it and from said rock on a line to the southwardly corner of Josiah Dodge's land which he bought of said Nathaniel Waldron which way is now to be two poles in width southward of the bounds before mentioned and in satisfaction for such way we have agreed that the said Waldron and his heirs and asignees shall have and enjoy all the town's right reserved for a highway in the land that was granted to the said Richard Goldsmith deceased by the town of Wen- ham between the head of his lott and E/M Brown's meadow so called as by the town record appears. And for a further and better accommodation and enlargment to said way to make it convenient at all times to the sub- scribers being the selectmen on the one part and Nathaniel Waldron for himself his heirs and asignees on the other part have mutually agreed as followeth, that the town shall have hold use and occupy possess and enjoy forever as their own in fee simple one acre of land lying Joining to the South ward side of the highway before mentioned to be laid out across the lot and to be five poles in width at each end, and to lay all along joining the southwardly side of said two poles wide laid out for the said highway which shall be laid open to the other of the towns com- mon land Joining to it at the Eastwardly and westwardly ends for the town's use and shall so remain from time to time and at all times hereafter without any reclaim or challenge or demand to be had or made thereto or any part thereof by him Nathaniel Waldron his heirs execu- tors administrators or asignees or any other person or persons from by or under them in consideration whereof
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WENHAM TOWN RECORDS
and for satisfaction for the same the said Nathaniel Waldron and his heirs and asignees shall have hold and enjoy as their own property and Estate about one hun- dred and thirty nine poles of low land lying between the land of said Waldron bought of said Zacheus Gold- smith and John Abby being common land belonging to said town and bounded as followeth beginning at the southwardly end of the stone wall before mentioned and so to go on a line to a stake standing in the ground about two poles northward of the highway leading to said Wal- dron's land bought of said Zacheus Goldsmith and from said stake to go on a line to an oak standing near the foot of the bridge only the said Waldron to allow so much land out of land bought of John Abby laying on the west- wardly side of said highway that goeth along from the bridge so as to leave said way to be full two poles in width and this to be a full and final isue and settlement of the highway and Exchange and we have hereunto set our hands the day and year above said John Newman
John Perkins Select
Nathaniel Waldron John Porter men
William Fairfield
At a Town Meeting of the freeholders and other inhabi- tants of Wenham assembled Aug 4th 1697
Capt Thomas Fisk chosen Moderator for this meeting. Voted that the town will make sale of the several parcels of land hereafter mentioned viz - that small strip of land laying between the land of Nathaniel Waldren and Thomas White's land and allso a small strip of land lay- ing by John Dodges land so much as may be for straight- ening his line from his White Oak tree to the corner of his fence near the grape &c and other small strips of land lying at the northward end of Wenham Causeway and on the northwardly side of the road and the towns part in the Island called Wenham for procuring money for the paying the towns debts.
Voted the town make choice of Sargent Thomas Patch E/M John Newman and Ensig" John Porter as a com- mittee fully empowering them or the major part of them
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WENHAM TOWN RECORDS
to make sale of any or all of the aforsaid parcels of land in the towns name and the town will ratify and confirm the said sales by them made to any person or persons. We whose names are hereunto subscribed being chosen. and appointed by the freeholders and other Inhabitants of Wenham assembled in town meeting Aug 4th (1797 ?) to make sale of some small strips of common land for the town's use for paying the towns debts. We have accordingly by virtue of said Order for and in considera- tion of the sum of thirty shillings current and lawful silver money of New England to the selectmen in hand paid by John Dodge jun of said Wenham this day we have bargained and sold and confirmed to the said John Dodge and his heirs Executors administrators and asign- ees a small parcel of land in said Wenham in a place called the Neck and adjoining to said Dodge's own land containing about one half acre - be it more or less being all the town's land laying on the southardly side of a line from a white Oak tree being said Dodge's south- wardly corner bound of his fifteen acres on a straight line to the corner of said Dodge's fence as now it standeth by the road going over the brook near the Grapevine so- called and all the land between said line and the meadow to belong to said Dodge his heirs executors and asigness forever without any reclaim or challenge from the town and in witness whereof we have hereunto set our hands this twenty fourth day of August Anno Domi 1697
John Porter Thomas Patch John Newman
At the adjournment of the General Town Meeting March 2nd 1697-8
Voted that there shall be some piece of our common at the east part of the town sold to procure money to pay Doct Weld and that there shall be three men chosen for a committee who shall have full power to make sale of some land at the East wardly end of our town of the common for the end aforsaid -
Lieut Thomas Fisk Sergt Thomas Patch and Samuel Kemble Sen' are Chosen for the committee aforsaid who
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have full power to make sale of land as aforsaid on the towns behalf -
To all Christian People to whom this present deed of sale shall come Thomas Patch Sen' Samuel Kemble Sen" and Thomas Fisk Jun all of Wenham in the county of Essex in the province of the Massachusetts bay in New England send Greeting. Know ye that we the said Thomas Patch Samuel Kimble and Thomas Fisk being employed and empowered a committee by the inhabitants of the town of Wenham assembled in Town meeting at the adjournment of the general town meeting on the 2nd day of March anno Domi 1697-S to make sale of a parcel of common land at the East wardly end of the town of Wenham for procuring money for the towns use for pay- ing the town's debts - We the said Thomas Patch Samuel Kimball and Thomas Fisk by virtue of the power given unto us have and by these presents do in behalf of said town of Wenham for and in consideration of the sum twenty pounds current and lawful silver money of New England to us in hand paid for the towns use before the sealling and delivery of these presents by me John Knowl- ton of Ipswich Sent housewright in the county and prov- ince aforsaid, as allso upon the said John Knowlton re- linquishment and quitting claim for himself his heirs executors and administrators to any right title or interest that he ever had now hath or hereafter might have to a grant or privilege on acct of land that was granted by said town of Wenham to be let out to Richard Kemble of said Wenham his heirs executors and asignees for the term of one thousand years and which right in said grant of fifty acres the said Kemble hath by deed of sale con- veyed and assigned over to said Knowlton his heirs and assignes the receipt of which money together with said Knowlton's relinquishment as aforsaid we the said Patch Kemble and Fisk do acknowledge in behalf of the town as good and sufficient satisfaction and in consideration whereof we have in behalf of said town of Wenham given granted bargained sold alien'd assigned enforsed and con- formed and by these presents they do fully clearly and
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WENHAM TOWN RECORDS
absolutely give grant bargain sell alien assigne enforce convey and conform unto the said John Knowlton his heirs Executors administrators and assignees forever one piece or parcel of land situated in sd Wenham and laying on the Southwardly side of the divisional line that passeth between Ipswich and Wenham and which said parcel of land containeth about twenty six acres more or less and is butted and bounded as followeth Northwardly by said Ipswich line begining at a small Walnut tree marked on four sides and standing by the edge of Joseph Dodge's meadow and so to go along upon Ipswich line untill it cometh to another walnut tree marked on four sides stand- ing about six poles East ward of a great white Oak tree that is a range bound between Ipswich and Wenham and then turning southwardly to go on a line to another wal- nut tree marked on four sides and set about with rocks and then turning westwardly to go on a line to a great black Oak tree marked on two sides and from said black Oak tree to go on a line to a rock standing in the ground and being the Southeastward corner bounds of said Knowlton's land which he bought of Thomas Woodward Northwardly by the meadow of Edward Dodge and Joseph Dodge as the meadows goes rounding part of which land said Richard Kemble was in possession of and his dwelling house standeth upon by virtue of a grant of twenty acres from the town of Wenham and which house and land said Kemble hath conveyed to said Knowlton by deed of sale under hand and seal. To have and to hold the said twenty six acres of land more or less above butted and bounded with all and singular the privileges and appurtances to the same belonging or in any wise appurtaining thereto both of fruit trees, woods and under- woods, and all other priviledges there unto belonging to him the said John Knowlton his heirs Executors adminis- trators and assignees for ever and to his and their proper use benefit and behoof forever and the said Thomas .Patch Samuel Kemble and Thomas Fisk do in behalf of the town by virtue of the power given unto them covenant promise and grant to and with the said John Knowlton his heirs
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WENHAM TOWN RECORDS
Executors and assignees that they have in themselves good right full power and lawful power and lawful author- ity the same to sell and conform as is above expressed and that by virtue of the power given unto them they will in behalf of the town of Wenham warrant and defend the same to him the said John Knowlton his heirs Execu- tors and asignees forever and in witness whereof - they have in behalf of the said town of Wenham set to their hands and seals this fourth day of April Anno Dom Six- teen hundred and ninety eight 1698
Signed sealed and
delivered in presence
of us- Benjamin Edwards his mark the mark of
Thomas Patch
Richard [ Kimball Samuel r Kemble
John Newman Thomas Fisk jun
March 12th 1703/4
Thomas Kilham of Wenham in the County of Essex do hereby acknowledge - that he hath fully and absolutely sold unto John Gott Joseph Herrick and John Herrick all of Wenham aforsaid all that his acre of swamp land as it was granted and laid out to him and as it stands recorded in the town record of Wenham on the 5th day of January 1698 and in the fifth page of this book to have and to hold to them aforsaid John Gott Joseph Herrick, John Herrick and their heirs forever with all the appur- tenances there unto belonging and the aforsaid Thomas Kilham does hereby acknowledge himself fully paid and and satisfied the same according to bargain and in con- firmation thereof have hereunto set his hand
Thomas O Kilham his mark
As attest
S Thomas Fiske Town Clerk
We whose names are hereunto subscribed being chosen and appointed by the free holders and other Inhabitants of Wenham assembled in town meeting Aug 4th 1697 A committee to make sale of some small strips of common land for the towns use for paying the town's debts we
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WENHAM TOWN RECORDS
have accordingly by virtue of said order for and in con- sideration of the sum of three pounds current and lawfull silver money of New England to us in hand paid for the town's use by Thomas Patch Sent of said Wenham we have bargained sold and alien'd and confirmed and by these presents we do alien assign and confirm unto the said Thomas Patch his heirs Executors and assignees for- ever on the town's behalf a small strip of common land situated in said Wenham laying between the land of Thomas White and the said Patch's land which he bought of Richard Hutton which said parcel of land containeth about one acre more or less, and is bounded Eastwardly by the land of said Thomas White Southwardly by land of Nathaniel Waldron and westwardly by said Patch's land which he bought of said Hutton according to the several bound marks or stakes being all the towns right of common land common land in that place. to have and to hold the said strip of land as above butted and bounded and quietly to possess and enjoy to him the said Thomas Patch, his heirs Executors administrators and assignees forever without any reclaim challange or demand to be had or made thereunto by the town as witness our hands this fifth day of April Anno Domino six teen hundred and ninety eight - 1698
John Newman John Porter -
April 7 1698 - There was two pounds fourteen shillings of the above sum of money delivered to Lieut William Fisk for the town's use who was one of the committee appointed to go and treat and agree with Doct Edward Well'd of Salem about the charges which he demands - and recovered judgment for against the Selectmen for what cost was expended about Mercy Fiske the widow while she lay sick and lame - The other six shillings the said John Newman demands for time expended about the measuring the land which was sold to E/M John Knowlton and drawing the deed. recording of it in the town's book and making sale of a strip of land to Sergt
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Thomas Patch and making an entree of it in the town book
Jan 1697/8 E/M Thomas Patch Entred upon rent with the town Eight shillings pr acre for eight acres of . Town's land.
At a meeting of the Selectmen May 18 1698 for settling of highways -Complaint having been made to us the subscribers that there was several encroachments on the highways in that part of the town called the Neck we went upon the place to the end that we might see to our satisfaction and take effectual care that said highways might be preserved from encroachments they having been formally laid out and omitted to be entered - and we be- gan at the gate of John Dennis house where the highway was formally laid out four poles in width and from thence Easterly the said highway is bounded on the north- easterly side with the twenty poles of land belonging to . said Dennis house and by Nathaniel Waldren's land and Benjamin Edwards his land as the fence now standeth to the corner of said Benjamin Edwards near said Waldren's dwelling house and from the Alford's gate the said high- way is bounded on the South wardly side with said Waldren's fence untill it comes to corner of his stone wall by his house and from thence turning toward the grist mill The highway is bounded on the south and westwardly sides as the said highway turneth John Barnes fence of his land as now it standeth and it bounded on the south Eastwardly side with John Dodge his fence to the mill river being the highway leading to Beverly and upon the highway leading from the town bridge com- monly called Abby's bridge Eastwardly towards the com- mon we did begin to the Southwestward of John Bare's house and we order that. that strip of land which said Bare has taken in with his fence from the highway by setting his fence without the bounds made him when his land was laid out shall be laid open and said highway to be bounded on the South Eastwardly side with the said John Bare his line on the north westwardly side of his land untill it comes to the aforementioned highway lead-
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WENHAM TOWN RECORDS
ing to the mill, and said highway is bounded northwest- wardly with the lands and bounds of Widdow Edwards - and Nathaniel Waldren to the aforesaid corner of his the said Waldren's stone wall by his house and from thence Easterly to the bridge at the grapevine so called the high- way is bounded on the North Easterly side with the fences as now they stand to the said bridge at the grape vine so called and on the southerly side the said highway is bound- ed as John Dodge's fence now standeth untill it cometh to the brook below the bridge at the grapevine and as said highway was formally laid out. And whereas we find that John Dennis hath within his fence near his house part of that high way adjoining to Nathaniel Waldren's fence on the North Easterly side of said highway we do order that said fence be removed and said land so fenced in to be laid open and we allso finding that Nathaniel Waldren hath taken with his fence part of that highway near his garden we do order that his fence shall be removed to his line and the land so taken in belonging to the higway be laid open. And whereas we find that Thomas Patch hath taken in with his fence near the bridge at the grape- vine aforesaid on the Easterly of the said highway a corner of land that is belonging to the highway Thereby where the highway is damaged we order that his fence be removed to the place where the fence fomerly stood and all the aforementioned ways we do agree to settle for town highways and order that they be entered and recorded in the town book by the town Clerk as Witness our our hands Thomas Fisk) Selectmen 1796657 Walter Fairfield John Newman]
February 26th 1702/3 We whose names are under writ- ten being a committee appointed to examine men's claims and state their bounds between the towns common and their lands - begining at John Leache's farm on the day abovesaid do hereby declare that by a mutual consent between said Leech and ourselves on behalf of the town have agreed as followeth viz from an old stump with a heap of stones about it at the west end of said Leaches
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WENHAM TOWN RECORDS
meadow by a clift of rock on a point of upland which stump &c is allso John Gott's range bound and in con- firmation thereof we have set to our hands -
Thomas Fisk James Friend William Fisk
John Leach
Feb 3rd 1703/4 Then laid out to Sargent John Batchelder an acre of Swamp - on the north side of his land accord- ing as twas bounded - viz - a stump in his fence marked and a heap of stones at it, and from thence running northwardly about 8 poles to a stake standing in a spring and from thence turning East about 24 poles to a red oak - in his fence marked on four sides.
Also an acre - be it more or less to said John Batchelder in the right of his brother David Batchelder running from - the aforesaid red Oak - marked Easterly to a pine tree and marked it, and so on to a hemlock standing in said John Batchelder's fence and marked on four sides
Allso then laid out to Deacon William Fiske - and to his son Benjamin Fiske two acres of Swamp joining to said Benjamins land - and said Deacons meadow begin- ning one poll northerly from a white Oak marked on four sides - being a bound between John Batchelder and the above said Deacon Fiske, and from thence northward to a stake and heap of stones, and from thence on to a birch marked standing about ten poles from said Benjamin Fiske's upland, and from said birch to the North east corner of said Deacon Fiske's fence -
Allso laid out to Liut. Thomas Fiske about 120 poles of swamp which was to his content for an acre laying in a course of swamp - joining to his farm - about 33 poles Easterly from Wenham Causeway according the bounds marked - which was little maple marked on four sides near the upland and from thence southwesterly crossing said course about 12 poles to a Red Oak - marked on four sides
Thomas Fisk William Fisk James Frend
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WENHAM TOWN RECORDS
Att a Town meeting of the free-holders and other in- habitants of Wenham assembled Oct. 29 - 1700 by virtue of a warrant delivered to the constables under the hands of the Selectmen - dated Oct 22 of this Instant- October - Capt. Thomas Fiske was chosen moderator for the meeting -
Voted that whereas at a Town meeting the first of Janu- ary 1692 it was agreed - that whereas there are several parcels of swamp land - in our common that are not beneficial to the public for Herbage - that such swamps should be allotted out to every free holder - in our town, an equal share, and that John Waldren and Zaccheus Goldsmith should have an equal share in such swamps - with any of the freeholders - and the committee appointed for the laying out of such swamps - have laid out to several persons in our town, their several shares by pro- portioning about an acre to a lot and there is many per- sons in our town, who have not yet had their divisions - It is therefore ordered that such persons, to whom such right belongs, that live Eastward of great pond brook with John Waldren to have their part laid out in that part of the common, between the said great pond brook - and John Coy's land on which he now dwells- and those of our freeholders - to whom such right belongs - that live west ward of great pond brook - to have their parts laid out in that part of the Common that is westward of said great pond brook -
Voted - that such of our freeholders, that live westward of the great pond brook, to whom the right of an acre belongs, and have not yet had their right, the said com- mittee are ordered and empowered to lay out to such per- sons, either on the Southerly side of the Great Swamp - and elsewhere upon the common - where it may be the least damage to the public -
Voted that there shall be such a division made of all the common land - belonging to our town that lays on the east ward - of the brook running out of the pond joining John Coy's land and of said Coys land on a line from said Coy's now dwelling house to Rackoon marsh between
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WENHAM TOWN RECORDS
Ipswich - Manchester & Beverly lines, and also of that piece of Common land that lays at the westerly end of our town near Lord's Hill socalled - as the town shall agree - to And it is to be understood that only the wood and timber that now is upon, or what shall hereafter grow is to be appropriated by said division - and the soil to remain to the town in general as formerly.
Voted that there shall be a list taken of the freeholders in our town, that are commoners. and all the wood and timber on the common land before mentioned, Eastward of the brook running out of the Pond - aforesaid and of John Coy's land - and on a line with said Coy's now dwelling house to Raccoon March - socalled between Ipswich, Manchester & Beverly Line, and allso that piece of Common land laying at the westwardly end of our Town near Lords Hill - shall be made into two divisions - and all the freeholders being commoners that live west- ward of said great pond brook - shall have one of the divisions, and the freeholders and inhabitants that live Eastward of sd great pond brook - shall have the other division
The said division to be made and proportioned accord- ing to the number of freeholders, being commoners that belong to each division -
Voted - that Ensign John Porter, William Fairfield, John Enman, Benjamin Edwards, and John Dodge are chosen a committee and fully empowered to make and · complete the division of the common land eastward of the brook running out of the pond adjoining to John Coy's land, and of said Coy's land and of a line from said Coy's now dwelling house to Raccoon Marsh so called, between Ipswich, Manchester and Beverly line, and all so that piece of common land laying to the west- erly end of our town near Lord's hill, by making bounds on the land for the appropriating of the wood and timber that now is or hereafter shall grow upon the same to the proprietors to whom each division shall belong.
Voted - that no person or persons in our town, shall fall or cut any tree or trees on the common land laving eastward of the brook, running out of the pond adjoining
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WENHAM TOWN RECORDS .
to John Coy's land, and of said Coy's land, and of the from said Coy's now dwelling house to Raccoon Marsh so called, between Ipswich Manchester and Beverly line, and allso that piece of common land laying at the west- redly end of our town, near Lords hill so called, on the penalty of twenty shillings per tree, to be paid to the town treasurer for the towns use, and in case of refusal to be taken by distress by the constable by warrant from the selectmen, until such time as the said division shall be made for the appropriation of the wood and timber on said land.
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