USA > Massachusetts > Essex County > Wenham > Wenham town records, 1687-1706 > Part 4
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At a town meeting of the free holders and inhabitants of Wenham being commoners assembled Nov. 25 - 1700 according to the warrant of the Selectman dated 18th Instant . Lt. William Fisk was by the majority of the votes chosen moderator but there being a difference among the inhabitants about it, he refused to accept of the place as then chosen, whereupon they proceeded to a new choice by a division of the inhabitants, and then Capt. Thomas Fisk was chosen Moderator. Voted - that whereas there was a difference amongst the freeholders and inhabitants of our town, that are commoners, about the divisions that were made, at the adjournment of the town meeting on the second day of Jan. 1698- of our common land and for the appropriating of the wood and timber on each of said divisions, and many alleging that the said divisions are very uneqal, it is there ordered that there shall be a committee chosen and appointed, to go and take a view of the wood and timber on each of said divisions and to make a report of their judgment con- searing the same to the town at the next town meeting. which is to be on the third day of December next ensuing. Voted that Ensign John Porter, Sagent Freind, Thomas Kemball, Thomas Patch Senr. John Dodge, and John Barr. are chosen a committee for to attend to said service to take a view of the timber and wood on each of the divisions of land that were made at the adjournment of the town meeting on the 2nd of Jan. 169S and to make a report to the town how they find the same.
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Voted - that there shall be a town meeting of the free holders and inhabitants of our town that are commoners at the meeting house, Tuesday the third day of Decem- ber next ensueing at twelve of the clock, at noon, for the perfecting and carrying on of the work for which the free holders and commoners were called to meet together to attend.
Voted - that no person or persons in our town shall pre- sume to fall or cut any tree or trees on any part of our common land, until further order. or liberty from the town, on the penalty of twenty Shillings per tree, for every tree so fallen or cut, to be reccovered by the town treasurer of any person or persons that shall transgress, by due course and process of law, and to be for the towns use.
At a meeting of the free holders and the inhabitants of Wenham, assembled December 18, 1700 according to the warrant of the Selectmen directed to the constable, dated the 16th Instant, Capt. Thomas Fisk Chosen Mod- erator
Voted - that whereas Sam English, Joseph Inglish and John Umpee, Indian and as they say, heirs to Maschano- mett, late Sagamore of Agawam, lay claim and challenge to the soil of our township, it is agreed that there shall be a committee chosen to treat with them, and examine into their claims, and Challenge which they said Indians, make of our land.
Voted - that Capt. Thomas Fisk, Ensign Fairfield, Thomas Patch Sen. and Liut. William Fisk are chosen a committee for said service, and they or a major part of them are fully empowered to act in the town's behalf. in examining into the claim Indians, and to impound and agree with them, in case they shall see cause, and the town will stand by what they shall do in the matter.
December 18 - 1704 - Then laid out to Samuel Fiske jun. 120 poles, of Swamp land in the great Swamp, join- ing to said Samuel Fisk North line of his land beginning at Samuel Smith Sen. at his bounds, and so runeth 6 poles in breadth to a stake and heap of stones by Taylor Fisk log fence, and from thence easterly 20 poles to a
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stake and heap of stones, 6 poles Northward from Samuel Fisk, his bounds aforesaid, which 120 poles is in full satisfaction for his division of Swamp according to town order,
William Fisk Senr. Thomas Fisk Sen.
Att a general Town meeting of the free holders and in- habitants of Wenham, assembled for choice of town offi- cers for the year ensueing and other town business, March 11 - 170-1 according to the warrant of the Selectmen directed to the Constable, dated March 4 - 1700 - 1701. Capt. Thomas Fisk chosen Moderator for this meeting. Capt. Thomas Fisk, Ensign John Porter, Ben- jamin Edwards, William Fairfield and John Newman chosen selectmen for the year ensuing.
John Newman chosen Town Clerk for the year ensuing. John Brown chosen constable for that part of the town to the westward of the country road. John Barr chosen constable for that part of the town to the eastward of the country road.
Voted that John Barr shall be released from being con- stable, he being lame. and that another person shall be chosen in his stead. Samuel Killum for that part of the town eastward of the country road. John Newman chosen Town Treasurer for the year ensuing.
Sargent Thomas Edwards Chosen Surveyor of the highways in our town Eastward Straits, so called, and John Batchelder chosen Surveyor of the highways west- ward of the straits so called for the year ensuing. Thomas Kemball and Ebenezar Batchelder chosen for viewers of fences for the year ensuing. Ensign Walter Fairfield chosen for clerk of the Market.
Voted that the selectmen shall take care about providing for a School for the year ensueing and that the scholars shall pay for their learning.
Voted that the Selectmen or assessors shall forthwith make a rate on the free-holders and commoners in our town, and such as have land laying in our town for the money and cost that was laid out and expended for the proving of the Indian title of the land laying within our town ship, which rate shall be proportioned and raised on
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the land laying within the same according to each per- sons proprietory, wether in free hold or common as near as may be.
Voted - that there shall be a division made of the com- mon land laying within our town among the inhabitants that are commoners for the appropriating of the wood that now is, or shall hereafter grow upon the same.
Voted - that whereas there is not time this day to finish the business, for which this town meeting was appointed, that it is refered or adjourned, until tomorrow morning at ten O'clock in the forenoon, being the twelfth of this instant March, then to meet at the meeting house in order to the performing of what business is yet remaining for which this meeting was appointed.
Benjamin Edwards entereth his disent against the above vote, for the division of the common land in our town. At the adjournment of the general town meeting, of the free-holders and inhabitants of Wenham assembled, March the 12th, 1700 and 1701. Thomas Edwards, Samuel Kimball Sen. Richard Dodge and Willam Dodge did all enter their disent against the vote that passed yes- terday, being the 11th of this instant March for the divi- sion of the common lands in our town. It being put to the vote whether the vote passed yesterday, being the Eleventh of this instant March for the division of the common land in our town amongst the inhabitants, be- ing commoners for the appropriating of the wood and timber that now is or hereafter shall grow upon the same, should be prosecuted and it passed in the negative, It being put to the vote, whether the town vote that passed at the town meeting on the 25th, of any person from the fallin or cutting of any tree or trees on any part of the common land till further orders or liberty from the town on the penalty of twenty shillings per tree, to be recov- ered by the town treasurer for the town's use, should be repealed or passed in the negative.
Voted - that the selectmen for the time being shall take care to agree and appoint some suitable person for dig- ging of graves in our town, from time to time. It being put to the vote whether the town would make choice of
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assessors for making assessments, for the year ensueing and it passed in the negative
Voted - that the selectmen for the year ensueing, are empowered to raise so much money by rate, as shall be nessary for the maintainance and relief of the poor, and paying a representative and other necessary town charges. Voted - that the town grants ten pounds money, toward the procuring of a new bell for our meeting house and allso the old bell to be sold and added to the said ten pounds which with what our neighbors of Ipswich shall contribute shall all be improved for the procuring of a good new bell for our meeting house.
Voted - that the selectmen are desiered and empowered to take care for the procuring of a good bell for our meeting house.
Voted - that the inhabitants of our town that live East- ward of the great pond brook have liberty to build a pound amongst themselves at their own cost, and set it on their own land which shall be accounted a lawful pound.
Voted - that the inhabitants of our town that live west- ward of the Straits, or any particular person amongst them have liberty to build a pound, at their own cost, and set it on their own land which shall be accounted a law- ful pound.
Voted - that the Selectmen shall take care for the pro- viding a Shepherd, for the keeping of the sheep for the year ensuing at the cost and charge of the owners thereof. At a meeting of the selectmen March 18 1700, and 1701, then agreed and ordered that whereas the free-holders and inhabitants of this town did at their general town meeting on the 12th of this instant March, that the select- men or assesors should forthwith make a rate on the free holders and commoners in our town and such as have land laying in our town for the money and cost that was laid out and expended for the procuring of the Indian title of the land, laying in our township, which rate was to be proportioned and raised on the land laying within the same according to each persons proprietory, either in freehold or common and we not having an account of
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the quantity of persons propritors in freehold and so are not capable of proportioning the same eaquelly, we do therefore order that the town clerk do forethwith draw an order, and set it up on the meeting house and give notice to all the free holders and commoners in our town and such others as had land laying in our town that they do bring in a true account under their hands of the quan- tity of their land, and allso of what right they claim in the common, to the selectmen or any of them at or before the thirty first day of this instant March, to the end that equality and justice may be done in the matter, which order was set up accordingly.
At a meeting of the selectmen, and the constable being present March 24th 1701 they then made choice of John Newman to be sealer of weights and measures.
1701 - At a meeting of the Selectmen April 1st 1701, John Brown was sworn to the office of constable for the year ensueing. Then a tax was made on the free holders and commoners, in our town, and such others as had land laying within the same for the money and cost that was expended in purchasing the Indian title of the land with- in our town-ship in two distict lists, with a warrant on each list, directed to the constable for speedy collection of the same, and paying into the town treasurer at or be- fore the 15th day of this instant April. Constable John Brown's list amounted to fifty Eight shillings 2f - 188 and he was ordered to pay into the town treasurer 2f -
. 178, the remainder being 1 shilling, and three pence 2f - 178 was allowed him for collecting the same.
Constable Samuel Kilham's List amounted to two pounds, nine shillings and five pence, which he was ordered to pay into the town treasurer excepting 2f - 98 - 5d one shilling and two pence which was 2f - 88 - 3d allowed him for collecting.
A Tax was made for a town rate on the poles and estates in and belonging to our town for the relief and maintainance of the poor and some other necessary town charges, which rate was made in two distinct lists, with a warrant on each list directed to the constables for col- lecting the same, and paying in the same to the town
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treasurer, by the second day of June next ensueing, and to isue their accounts by the first day of July next Constable John Brown's list amounted to nine pounds sixteen shillings 9 - 16 and was ordered to pay to the town treasurer nine ponds and twelve shillings 9 - 12 the remainder of said list being Four Shillings was al- lowed him for collecting the same.
Constable Samuel Kilham's list amounted to eight pounds, and he was ordered to pay to the town treasurer, 8:008:9P seven pounds fifteen shillings, the remainder 7 :15 :0 being five shillings and ninepence, for collecting.
Then agreed and ordered that the town treasurer do forthwith, on the towns behalf, look after and call in what moneys are remaining due to the town in any constables or collectors hands, that have not made up and issued theier accounts with the Selectmen of rates that have been committed to them to collect, and allso what debts are due or belonging to the town or the poor thereof or any other waist and do prosecute against them as need shall require that shall refuse or neglect to make payment of any debt due said town.
At a Town meeting of the freeholders and inhabitants of Wenham, assembled April the 25th 1701 for the choice of jurors for the next Superior court of judicature, to be holden at Ipswich on the third tuesday of May next, by virtue of a warrant from the clerk, Richard Dodge Senr. chosen to serve on the grand jury and Josiah Dodge and Joseph Herrick to serve on the jury of trials at said court
At a meeting of the selectmen, April 25 1701.
Then agreed and ordered that having received a precept from the Sheriff, requiring the calling the freeholders and inhabitants of our town together that the town Clerk do forthwith grant a warrant to the Constable to warn a town meeting of the freeholders and inhabitants, of our town qualified to vote in town affairs that they assemble and meet together at the meeting house on tuesday the sixth day of May next ensueing at four o'clock in the afternoon to make choice of a representative to serve for and represent them at the next great and general court or assembly to be held and kept for his Magisties Service
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at Boston on the last Wednesday in May next, and con- sider and agree what to do about such as have or shall make any encroachment on our town common land by fencing in any part of the same which warrant was de- livered to the constable.
Ordered that the town clerk do send a notification to John Denniss and William Knowlton to meet at the house of Lieut. Thomas Fisk in Wenham on tuesday the sith day of may next ensueing, at about twelve of the Clock at noon, to make up, settle and clear their acpts. with the selectmen about the rent that is due to the town for the land that is improved by them, and their order by virtue of a grant from the town.
At a town meeting of the free holders and inhabitants of Wenham, assembled May the sixthe 1701, for the choice of a representative for the next great and general court or assembly, to be held and Kept for his Majs. sevice at Boston, the last wednesday in this Instant may, and for doeing other town business, all according to the warrant the selectmen directed to the Constable. Sargt. Patch Chosen Moderator. Lieu. William Fisk Chosen Repre- sentative.
Voted that the Selectmen look after encroachments on the Common.
At a meeting of the selectmen may 6, 1701. Ordered that the town treasurer pay Lieut. Thomas Fisk for the Selectmens expenses for this year, to this time Eight Shillings.
At a town meeting of the free holders and inhabitants of Wenham assembled june twenty third, 1701 for the choice of jurors for the next inferior court of pleas to be holden at Salem on the last tuesday of this instant. John Coy and Samuel Fisk were Chosen as jurors at the said court.
At a meeting of the selectmen July 23- 1701 - a war- rant was granted to the Constable to warn one John Dier, who came into our town from Ipswich, some time in the month of june last passed, and is now entertained at the house of Lieut Thomas Fisk, that the said Dier do depart and leave the town, and return to the place
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from which he came, and allso said Constables were or- dered to give notice to said Lieut. Fisk, not to entertain said Dier any longer. Agreed with goodman Robert Symonds, to take care of our part of the meeting house, to ring the bell and sweep said part of the meeting house as often as need shall require for the year ensueing, and he the said Symonds to be allowed and paid for said sevice by the town thirty Shillings in money or as money, at or before the 23rd of july next ensuein the date thereof. At a meeting of the selectmen July 29 1701,
Present
Capt. Fisk Ensign Porter John Newman William Fairfield.
Then reckoned and accounted with John Coy, one of the Constables for said town of Wenham, for the 1699 for a town rate or list of assessments committed to him to collect in said year, dated Augt. 23rd 1699. and said Constable had made payment out of said rate or list of assessments by virtue of his warrant thereunto affixed, unto the hands of the selectmen of said Wenham.
To Mr. John Newman for sevice at the General Court as Representative five pounds and eight shillings - 5€ 88 d. To James Taylor treasurer of the province - six pounds and fourteen shillings .. as per Receipt then showed and allowed him two shillings and fourpence for his sons head that was rated to him the said £ s d Coy, he alleging that his son was rated and paid 5-8 0 for his head, at Marble head, where he then 14 0 lived as he said. The remainder of said rate 6-2 4 or assessment being twenty eight shillings, be- 1 8 0 sides what was allowed said constable for his collecting was put into and included in a bond 13 12 4 or obligation received of said Coy this day and payable to the town treasurer or his successors in Sd office by the tenth day of novenber next ensueing the dated hereoff. Also in the aforesaid bond or obligation wherin the said twenty eight Shillings is included there is allso included forty shillings due to the poor of said town of Wenham for two months defect of said Coy in not Issuing his
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accounts with the Selectmen, viz. the months of July and August Anno 1700, as per judgment of the Worshipful John Hawthorn Esq. the twenty eight day of this Instant July appears and allso the cost of suit being twenty nine Shillings and six pence is allso includede in sd obligation. It was also agreed that said Constable John Coy should be aquited from any furthe demands as touching said rate or lists of assessments besides what is included in the aforsaid obligation, and the appeal by said Coy from the aforsaid judgment is to cease.
Know all men by these presents that whereas I John Dodge Sen. of Beverly in the county of Essex in New England did in the beginning of the year 1698, purchase of William Knowlton of Wenham it being part of a par- cel of common land belonging to said town of Wenham, and granted by the inhabitants of said Wenham to abner Ordway and his wife, for life time and confirmed by said town to John Dennis and his heirs as signed at a town meeting the sixth day of January 1678, he pay- ing pr. acre twlve pence by the year to the town, and the said Knowlton having purchased said Dennis right in said grant I the said John Dodge do bind myself and my heirs, exaqs. and administrators to pay or cause to be paid to the Selectmen or town treasurer for the time being for the use of said town of wenham or to such other persons as said town of Wenham shall appoint the full sum of three Shillings in money, or of money by the year for the use of said land annually from the first day of Jan. in the year 1698 and 9 and the first payment being to have been paid on or before the first day of jan in the year 1698 and 9 and said annually from time to time on or before of every January from time to time as witness my hand hereunto set this sixth day of may anno dom. 1701
Signed in presence of us SJohn Newman
John Dodge Senr. Benjamin Edwards
August 9 1701 By virtue of a warrant received from the treasurer of the province for the assessing and pro- portioning of the sum of thirty nine pounds eighteen Shillings, on the poles and Estates in and belonging to
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our town a notification was by the town clerk pasted up on the meeting house to give notice to all the inhabitants in our town, and such other persons as had any land laying within the same to bring into the Selectmen or any of them true bills of their poles and estates at or be- fore the twenty first day of this instant month of August, to the end that equity and justice might be done in pro- portioning said tax or list of assesssments.
August 25, 1701 - then Capt. Thomas Fisk, Mr. John Porter., William Fairfield and Benjamin Edwards be- ing four of the present Selectmen, appeared and took the oath of assessors for the assessing and apportioning of the sum or sums that are or shall be agreed on for said town to pay to the Country County or town charges for this Instant year. At a meeting of the Selectmen August 25 1701, a tax was made on the poles and Estates in and belonging to the town of Wenham, for the proportion to the province Charges in two distinct lists and committed to the two Constables to collect and pay in to the treasu- rer of the province or his successor in said office,
Constable John Browns list amounted to twenty two pounds, three Shillings 10d
John Newmans rate or proportion in said list being six shillings and 8 pence was crossed in said list, he being ordered by the selectmen, to keep in his own hands as town treasurer for the towns use - 6s: 8d.
Said Constable was to pay to Mr. James Taylor, treasu- rer of said province or his successor in said office, accord- ing to his warrant - twenty one pounds Eleven shillings and four pence. the remainder of said list being five shillings and 10 pence was allowed him for Collecting. Constable Samuel Kilhams list. amounted to nineteen pounds three Shillings and ten pence, of which he was to collect but eighteen pounds, eleven shillings and four pence, because Benjamin Edwards rate and proportion in said list was crossed by the selectmen, being 12s: 6d - he having paid it to the treasurer, by the selectmens order for the towns use, And he was to pay to mr. James Taylor treasurer of the province or his successors in sd office, according to his warrant, Eighteen pounds six
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shillings and 8 pence the remainder of said list being four shillings and eight pence was allowed him for col- lection.
Allso a town rate was made in two distinct lists', amount- ing to about the one fourth or quarter part of the above said tax, for our proportion to the province Charges and was for paying the representative for his sevice at the general court which lists were committed to the two con- stables with a warrant on each list for the speedy collec- tion and gatering in the same and paying it into the town treasurer by the first day of November next ensue- ing, the date hereoff.
Constable John Browns list amounted to five pounds Eleven shillings and 1 penny which he was ordered to pay into the town treasurer by the first day of Nov. next ensueing the date hereoff, excepting three shillings al- lowed him for collecting, Constable Samuel Killam list amounted to four pound sixteen shillings and five pence, 4f- 15- 5- he was ordered to pay into the town treasurer by the first day of November next ensueing the date hereoff excepting three shillings an five pence, that was allowed him for collecting.
Ordered that the town treasurer do pay to Benjamin Edwards with wat he hath already paid him this present year the sum of fifteen pounds in behalf of the town, it being to complete the thirty ponds which he was to re- ceive by agreement with the town for to keep and main- tain the widow Hobbs, her whole life time so as to dis- charge the said town from any furthe charge about her. Ordered that the town treasurer pay to Ebenezar Batchel- der on the towns account for ringing the bell, and look- ing after the meeeting house for the year 1700 untill the first day of July 1701, twenty six shillings according to agreement 1£- 68-
Thomas Killam one of the Constables of this town in the year 1699, came and agreed to make up and settle his accounts with the Selectmen of a list of assessment of a town rate that was committed to him to collect in said year dated Augt. 23 1699. and it appearing that he had
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made payment out of said lists of assessments to the sev- eral persons to whom he was ordered to pay by his war- rant thereunto affixed the whole of what he was to make payment of excepting six Shillings, one shilling and 6 pence of said sum being his father Kilhams rate, which was agreed to be abated him, by the selectmen in said year; the other four shillings and six pence he is to pay into the town treasurer at or before the first day of No- vember, next ensueing, which if he does so pay, the select- men does agree that he the said Killam shall be acquitted and discharged from said rate or list of assessment.
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