USA > Massachusetts > Essex County > Wenham > Wenham town records, 1687-1706 > Part 7
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Then the commoners by their majority vote shall choose meet persons to tie them together by Eights as will as they can, and allso to take care that they shall have their equal shares set out as any other above said, which not- withstanding remain to be accounted Common untill they make just satisfaction to those that have been employed about the division and as abovesaid.
And in case any eight shall disagree in useing their parts together or refuse to divide between themselves to satis- faction, the commoners at their meeting shall choose three indifferent men to make and set out to any one that shall be agreived with his equal of every several division be- longing to such eighth rights and the cost to be defrayed by the whole eighth. And it is allso agreed and deter- mined that there shall be laid out for every eight com- moners sued together as aforesaid, one lot in each parcel of woodland and likewise in parcel of common land in said town where the wood is allready much wasted and taken from it, and the division between the land called wood land and other land is to be made by the persons that shall be appointed out of each eight men.
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WENHAM TOWN RECORDS
Voted that it shall not be lawful for any person or per- sons whatever to fell or cut or cary off any wood or tim- ber upon any part of our common until the division agreed upon and entered be perfected, or for the space of twelve months from this present date upon the penalty of ten shillings for every tree under a foot over at the stump so felled or cut or caryed away; to be forfeited to the use of the commoners to be recovered before any justice of peace before whom the case shall be prosecuted by any person who shall be empowered by the commoners. the wood and timber allready felled or cut up or wrought into tim- ber is exempted.
Voted that the town Clerk is Chosen Clerk of the com- moners to enter their several lots and divisions in the town books and grant out coppies as there shall be occasion Voted that Ensign Fairfield, Serjant Thomas Patch and Thomas Fisk Senr. are appointed a committe to take notice of all claims that shall be made of any person to a right of commonage in our town and to make report there- of to the commoners at their meeting
. Voted that there shall be a commoners meeting on tuesday next at one of the clock in the afternoon at the meeting house.
At a meeting of the commoners March 13 1704
We whose names are underwritten, finding several per- sons that claims a right or several rights upon the account of old Cellars or Cottages in old ten acre lots, whereoff three or four are now within our small living, although they cannot produce deeds of conveyance the which to allow would be very unjust but finding the rule which is agreed on to decide by, was to give to all those that the town have allowed to be Commoners as good and as large a share, as any that have a right by law. We said no damage to the one part nor profit to the other wether they had more rights than one or not. And so we allowed none but what are in our town book and those allowed by . the town.
Voted that there shall be a commoners meeting at the meeting house on the 26th day of March Instant at 12 of the clock. Thomas Fisk.
Walter Fairfield and Thomas Patch
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C
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WENHAM TOWN RECORDS
March 15th 1704 Then received of the town treasurer for the town upon the account of the bell, the sum of twenty six pounds, one shilling seven pence - Witness my hand John Porter.
Wenham January 12th. 1704-5
Whereas we the free holders being commoners having by law a right to order and dipose of our undivided land in our town have formally endeavoured to preserve the wood and timber upon it for the use and benefit of us and those that may succeed us, but finding all that hitherto has been done and and all that we understand how to con- trive to do., will not prevent the sudden and unmanage- able ruin of the town by the unjust and unreasonable waiste that is day by day made by carrying the wood and timber out of town and allso by the improvident using of it in common; and therefore for the preserving of the little that is left we do see a necessity forthwith to divide all our common land except such as the majority part of the commoners being met together shall cause to be for- ever for the use of the public. And we whose names are hereunto Subscribed do agree and consent that the said Common land in our town shall be divided amongst the commoners of our town according as it shall be agreed unto by the majority part of the commoners being orderly met together. And all things that are necessary to be acted both for the matter and manner of said division shall be determined and settled by the majority part of the commoners that then shall meet together, And further we do agree that upon notice in writing under the hands of two of the selectmen for the time and place of meeting for the doeing of what is above specified, shall be suffi- cient notice and warning for said meeting.
his
Benjamin Fisk
Richard T Hutton
David Batchelder
mark
Jonathan S Moulton
Stephen Patch Daniel Killam John Dennis
Tobias T Trow
his mark -
Samuel Kemball
Junr.
John Porter
Isaac Hull Joseph Herrick
in behalf of his
John + Herrick
Josiah Dodge in be- half of his brother
Robert Symonds
John Dodge
William Rogers
Mordecai W Larcom his mark - - Josiah Dodge Thomas Patch
his mark -
father his mark -
Joseph O Hooker his mark Joshua Wallis
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WENHAM TOWN RECORDS
Charles Gott Junr Thomas Fisk
Thomas Fisk Junr.
John Perkins
Walter Fairfield Richard R Dodge
his mark -
Ebenezar Batchelder John Batchelder John O Berry
Theophilus Fisk
Benjamin Edwards
Nath'l Dodge his mark -
Thomas Edwards
Joseph Batchelder William Fairfield
David Maxsill
Nathaniel Waldron
William Fisk Junr.
Henry L Haggit
John Barr
John Leach
his mark
his mark
Zacheus Goldsmith
this is a true entry of the Subscription as is abovesaid Thomas Fisk Town Clerk
Wenham Jan 7 1704-5 - Pursuant to an order of the commons March 7 1704-5 the committee did lay out a parcel of common land at the east end of the town into nine divisions in March 1704-5 and staked the bounds of each division as follows.
The first division or lot begins at a stake with a heap of stones about it on the side of Stony Brook 3 poles south- ward from a great Stub Oak on the north side of the way by the side of said brook and from thence southwardly to longham Meadow to the red Oak with a heap of stones about it and from thence turning easterly 50 poles to a stub of a red Oak with a heap of stones thence turning northwardly to the highway to a stake with a heap of · stones about it and from thence turning northerly to the bounds first mentioned.
The second division is bounded westwardly by the first lot and northerly upon the highway to a stake 45 poles to the turn of the highway Southerly to turnip Bridge to a stump with a stake in the middle of it at the East end of the bridge southerly of said bridge, leaving the high- way three poles wide all along between Coys bounds and said lot and thence turning Southerly to the head of Rac- coon Marsh and then Northerly and then westerly by the edge of Raccoon Marsh, and so by the edge of said marsh to a red Oak stubb by longham Meadow with a heap of Stones about it.
And the 3rd lot or division is bounded beginning from raccoon Marsh upon boundary line 74 poles to a stake with a heap of Stones about it, thence northerly to the
Joseph Fowler
Rice Knowlton
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WENHAM TOWN RECORDS
highway to a white oak stump marked, 75 poles north- easterly of said Stump to the east end of turnip bridge. The fourth lot or division beginning at the above above said white oak stubb marked and thence to capt Wests farm on the side of the highway as it now goes, and thence southerly upon capt. wests bounds to gravelly Ridge and thence to a white Oak marked WW and thence to the Southeast corner bounds of the common and thence turn- ing westwardly upon boundary bounds as the line of township goes to a stake with a heap of stones about it which is the bounds allso of the third lot.
the fifth lot or division beginneth at Capt Wests line on the northerly side of the highway and from thence 34 poles, allowing the highway 3 poles wide as it now goeth to turnip Bridge to a stake with a heap of stones about it by a Black Stump and northerly by Manchester line from the Common bounds of the common 44 poles to a red Oak marked.
The sixth lot or division boundeth upon Manchester line and from the stake marked for the fifth lot 42 poles to a double maple marked on four sides and on the southerly end next the highway 36 poles from the fifth lot to a white Oak marked with a heap of stones about it leaving the highway three poles wide
The 7th lot or division is bounded upon the highway from the white Oak marked with a heap of stones about it being the westerly corner of the sixth lot at the high- way 35 poles towards turnup bridge to a stake and heap of stones about it and thence northerly to a white Oak marked forty poles westwardly from the double maple marked for the west bounds of the sixth lott and so on to the Manchester line.
The bounds of the Eighth division or lot of land. it bounds upon the highway from a stake with a heap of stones about it being the bounds of the seventh division from thence westerly to turnup Bridge leaving the high- way three poles wide and from thence turning northerly, bounded upon John Coys land and the east end of the pond untill it comes to some acre lots formerly laid out, and so to Dodges Stump, containing all the common land
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WENHAM TOWN RECORDS
between the seventh division Easterly and - Coys Bounds westerly and the highway Southerly and Ipswich and Manchester line Northerly,
the ninth lot beginning at a stake with stones about it standing on the north side of the highway by the turn of it going towards turnup Bridge, said Stake standing by John Coys fence on the west side of Coys field, thence by the highway side as the way now goeth leaving the high- way 3 poles wide untill it cometh to a Red Oak Stub by Stoney brook with a heap of stones about it, thence north- erly to a walnut tree which is Rice Knowltons bounds all the common land between the Ipswich line and the bounds above named is the ninth lot of land as it was laid out by the committee
At a meeting of the commoners march 26th 1704-5 The lots were drawn as the committee was appointed to stake out the several divisions March 13 1704-5
The names of the committee appointed to measure and stake out each division of our common for the free hold- ers and commoners suited together. they made choice of Isaac Hull for the second division - Benjamin Edwards for the third, they refusing to choose the commoners at a meeting made choice of William Dodge, for the 4th Wal- ter Fairfield, For the fifth William Rogers For the sixth Josiah Dodge, For the 7th Samuel Killam For the eighth Thomas Fisk Junr. For the ninth they refusing to choose, . the commoners appointed Rice Knowlton.
the names of the men who were appointed by each divi- sion of commoners to draw the several lots. For the first lot John Dennis For the second Thomas Patch for the third John Porter for the fourth Walter Fairfield For the fifth Thomas Patch for the sixth Samuel Fisk Junr. For the 7th Ephraim Kemball for the eighth Nathanl Fairfield For the ninth Joseph Fowler
The names of the committee who signed their return - Walter Fairfield - Thomas Fisk Junr - William Dodge - Rice Knowlton Josiah Dodge - Benjamin Edwards Isaac Hull in behalf of his father
At a legal Town Meeting May 9th 1704, Thomas Fisk Sen, Chosen Moderator Deacon William Fisk chosen to
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WENHAM TOWN RECORDS
Represent at the town at the next great and general court to be kept at Boston.
Allso voted that no sheep belonging to any inhabitant of our town shall go at liberty upon any part of our town common without a keeper.
thomas edwards petioning the town to remit his fine due to the town for refusing to take the constables oath, being chosen by the town to office on March 8th last past. the town grants his request allways provided he shall pay the just Cost which has been all ready expended by the Select- men in prosecuting him for said default at Ipswich Court last. Allso May 9th 1704 the Selectmen do appoint Rob- ert Symonds pound Keeper for the town for the year ensueing.
Sept. 4th 1704 At a meeting of the Selectmen Commit- ted to constable Rice Knowlton a list of 65-6-00-£64: of it for the province treasury, five shillings and six pence of it to be paid the town treasurer for the use of the town and 108: 06ª allowed him for collecting of it.
Then committed to Constable Caleb Kimball a list of 66 : 5 : : 06 - 64€ of it to be paid to the province treasu- rer and 35 to be paid to the town Treasurer for the use of the town and ten shillings and 6 pence allowed him for collecting of it.
Committed a town rate the 6th of september 1704 to constable Caleb Kimball of 6-15-9 -16: 108 to be paid to the town treasurer and the rest allowed him for col- lecting of it.
The same day committed to Constable Rice Knowlton a town rate of 6-7-10 to pay into our town treasurer 6f : 28 at or before the 20th of October next and the rest allowed him for collecing of it.
At a town meeting Oct. 31st 1704 Thomas Patch Sen is chosen to serve on the grand jury and John Barr and John Coy to serve on the jury of trials, at the next sune- rior court in Salem. William Fisk, Walter Fairfield.
Aug 15th 1705 - Constable Rice Knowlton, Samuel Kemball, Thomas Kemball - Selectmen - having paid to the town treasurer 2£-18s- Mr. Gott - 2s-8d J. Per- kins, Treas.
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WENHAM TOWN RECORDS
Nov 22nd 1704 At a meeting of the Selectmen then ordered the town treasurer to pay to Mr. Thomas Patch five pounds, ten shillings money in ful for his service for the town and as representative at the general court in the. year 1702 and in the year 1703 in full satisfaction for his sevice.
Dec. 6th 1704 Constable Joshua Wallis has paid to the full, which he was ordered to by the selectmen. John Perkins town treasurer.
A true Entry Thomas Fisk Clerk.
Wenham Town - Debtor to Sargent Patch
To his attendance at the General Court in the year 1689- 4 weeks 2f-008-00₫ To his going to the General Court 14th March - 1692/3 to prefer a petition 108-00
for taking the Doom - 108-00
For his services which he did at the General Court in the 1692, when he went as representative for the town - 4 weeks at 2s-p.d 4* : 18: 00
Contra credit
By remaining due to the town for land bought of them in pay 2ª- as money £1-68-8ª
By due to the town for a confirmation of land which he had of Thomas Hobbs which land said Hobbs did im- prove in the towns right in pay
£2-as money 1ª-68-8ª
By money of Constabe Thomas Kimball 0:8:4
B. timber which he had of the town's which he sold 1: 4:0
4:5:8
The above is a true account of debt and credit which I deliver to the committee appointed to adjust accounts - with particular persons
as witness
Ap. 18 - 1693 - my hand Thomas Patch
A true entry of the original account, Attest Thomas Fisk Town Clerk. Boston Sept. 24th 1705. Received of Mr. Rice Knowlton Constable of Wenham by the hand of Mr. John Knowlton, fourteen pound and nineteen
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85
WENHAM TOWN RECORDS
shillings, and Six pence in full received for Mr. James Taylor Treasurer
per jeremiah allen
A true entry, Attest Thomas Fisk Town Clerk. November 24th 1704 Charles Gott Jun and William Fisk Junr both of Wenham do hereby Own that they have fully and absolutely bargained and sold to Samuel Fisk Junr of the same town all their right and Interest in a parcel of swamp land laid out to four men by a commit- tee appointed by the town, which parcel of land containeth four acres, be it more or less as it was laid out Feb 3rd 1703 to the above said Charles Gott and William Fisk, Ebenezar Batchelder and Samuel Kemball Jun as it standeth entred in this book of records. To have and to hold the abovesaid one half of said parcel to him the afore- said Samuel Fisk and his heirs forever for which the above Said Charles Gott and William Fisk do hereby own and acknowledge them selves fully satisfied by secur- ing the payment to them according to bargain to them content and in confirmation thereof the above said Charles Gott and William Fisk have hereunto set their hands,
Charles Gott Jun Attest Thomas Fisk, Town Clerk.
William Fisk Jun
Nov 24th 1704 Samuel Kemball Junr. of Wenham do hereby own and acknowledge that we have fully and abso- lutely bargained and sold to Ebenezar Batchelder of the same town all his rights and interest in a parcel of swamp laid out to him the said Samuel Kimball Charles Gott Jun Ebenezar Batchelder and William Fisk by a com- mittee appointed by the town as it standeth entered in this book of records on the 3rd of feb. 1703-4 to have and to hold the one quarter part being one acre be it more or less, to him the aforesaid Ebenezar Batchelder and his heirs forever. for which acre of land the aforesaid Sam- uel Kimball does hereby own and acknowledge himself fully satisfied and paid to content according to agreement and in confirmation thereof the abovesaid Samuel has hereunto set his hand, Samuel Kimball - Attest Thomas Fisk Clerk.
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WENHAM TOWN RECORDS
Dec 4th 1704 Jonathan Moulton of Wenham does hereby own and acknowledge that he has fully and absolutely bargained sold and set out unto Theophilus Fisk all his right in a parcel of swamp land laid out to Theophilus Rix, John Moulton, John Seward and the above said Jonathan Moulton, containing four acres as it was laid out on the 3rd day of Feb in the year 1703 and then recorded in this book of records, his right being one fourth part - to have and to hold to him the aforesaid Theophilus Fisk and his heirs forever for which acre of Swamp land the above said Jonathan Moulton does hereby own himself fully paid according to bargain and in con- firmation of what is above written he has hereunto set his hand
his
Attest Thomas Fisk Town Clerk Jonathan L Moulton mark
Wenham October 31st 1704 Whereas formerly there was a highway laid out by an agreement of the propritors of the land on which it was, at the west end of our town and for as much as the said agreement was not perfected and - completed for a sufficient settlement of the said Highway, there having since happened such differences as could not be accomadated amongst themselves so that there have been several necessary complaints by several of the inhabitants of our town made unto us the subscribers hereof for want of a highway to come to the town to the meeting and about their necessary ocasions requesting us to lay out the said highway, we finding it of necessity to be done
And at a meeting of Selectmen October 16th 1704 we laid out a highway to accomodate the said Inhabitants. beginning at the country road at the southwest corner of Lieut John Porters his orchard, formerly Mr. Newmans and staking it out two poles in breadth on the side of said Porter his fence unto Samuel Kimbal his land, which was formerly Samuel Moultons, and so we went to the west end of our town and laid out the said highway in the same place where it hath formerly been, and now is used for a way for the proprietors and any others to use
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WENHAM TOWN RECORDS
as a highway we laid out said way two poles or rods wide. but wher we found it fenced on both sides, although it wanted two or three feet, we did not order the fence to be removed, and after the aforesaid manner, said highway is laid out, from the county road, first mentioned, until it comes past joseph hachers, fenced land near his house, unto the cart gate, where the said highway ends.
the aforesaid highway with respect to Gates and fences by bars on the same on just and equal satisfaction for any of the damage which the propritors of the land may sus- tain thereby is left to be done as occasion shall serve, as the law directs. We do hereby order the town clerk to enter the above, written in the town book
Witness our hands Walter Fairfield James Freind Thomas Fisk Jun selectmen
Thomas Fisk Town Clerk Samuel Kemball
This may certify that John Gott, Costable, has satis- fied for the note committed to him to collect from the Selectmen for the minister in Wenham for 1703 Joseph Gerrish A true entry - attest Thomas Fisk town clerk
Augt 11 1705.
November 2nd 1704 Then delivered to Constable Rice Knowlton a tax upon poles and estates to pay to Mr. Ger- rish twenty eight pounds four shillings and six pence for his Salary
At a meeting of the Selectmen May 6th 1703 the Select- men Order the town treasurer to pay to Mr. Patch 34 shillings which is in his hands Pr Order of the Selectmen. Thomas Fisk Town Clerk
May the 6th 1703 Received of Mr. Perkins 34 Shillings By virtue of the above order from the Selectmen as wit- ness my hand Thomas Patch The above is a true copy Attest William Fairfield Clerk
By these presents I do discharge Caleb Kimball Con- stable for the year 1704 for that part of my rate which he was oblidged to collect as witness my hand
Joseph Gerrish
V
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WENHAM TOWN RECORDS
At a legal town meeting, March 5th 1705-6
Thomas Fisk sen. Chosen Moderator
John Gott, Thomas Kemball Thomas Patch, Deacon Friend and Nathaniel Fairfield Chosen Selectmen. Wil- liam Fairfield Chosen Town Clerk for the year ensueing, and at the same time sworn,
William Rogers Chosen Constable for the west end of the town, and Thomas White fior the east end, both sworn the same day.
John Herrick chosen surveyors of Highways westward of the straights and John Barr for the rest of the town, and both sworn.
For tithing men Joseph Batcchelder and Zacheus Gold- smith and Sworn John Gott and Joshua Wallis chosen for fence viewers and sworn. also Charles Gott Junr. Chosen. Ensign Walter Fairfield Chosen and Confirmed Sealer of Weights and measures. Capt Thomas Fisk Chosen Town Treasurer. and Sworn. for Field drivers Caleb Kimball and William Fairfield
To the Constable of Wenham Greeting, you are in her majesty name required to warn and give notice to all the free holders and those that are qualified by law to vote in town affairs that they meet together at the meeting house on the first tuesday of March next ensueing at eight o'clock in the forenoon to transact the affairs of the said town as the law requires and what else shall be thought needfull and thereof make return,
Per order of the Selectmen
Wenham dated Feb 2nd 1705 Thomas Fisk town clerk a true coppy attest William Fairfield town clerk
I have warned the inhabitants of our town, according to the within written warrant
witness my hand William Dodge Constable of Wenham Pursuant to the order of the free holders being Common- ers and propritors of the common land in our town bear- ing Date March 6th 1704-5 whereby we whose names are hereunto Subscribed did Nov 28 1705 begin to measure and lay out our common land called the greate Swamp, into Nine divisions viz; to every division Eight Common
.
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WENHAM TOWN RECORDS
Rights and in order thereunto we began at the spring on the Ipswich line and measured 160 poles easterly and from thence squared a line to the south side of said swamp 160 poles from the fence on the Great meadow and upon said line we layed out and started a highway, one pole and one half wide and began to number lots, the west part of every division from Ipswich line and allso the east part lying on the east side of said highway we bagan to num- ber from the Ipswich line.
The first division beginneth upon the Ipswich line on the wast side of said highway and is from a maple tree on the Ipswich line marked on four sides and one with a marking Iron thirty one poles to a beach stump, marked on the west side of the highway and is in breadth twenty seven poles from the spring on the Ipswich line to a maple marked one with a marking Iron.
And the second division is from the beach stump to a small pine marked two and is twenty six poles in breadth at the highway and at the west end joining to the great meadow twenty six poles from the first to a maple marked on four sides and two with a marking Iron.
The bounds of the third lot is to a maple marked on four sides twenty six poles at the west end and twenty six poles at the highway, from the second lot to a hollow pine marked on four sides and three with a marking Iron The fouth lot twenty six poles in breadth at the highway to a great maple marked 4 with a marking Iron, and at the west end twenty seven poles in breadth to a pine marked on four sides.
The bounds of the fifth lot is a maple bush marked on four sides and from the fourth at the west end and at the highway twenty six poles wide to a little beach marked five.
The sixth lot is twenty seven poles wide to a little beach marked six at the highway and at the west end twenty eight to a maple marked on four sides.
The seventh lot is twenty seven poles wide at the west end to a maple marked on four sides and at the highway twenty eight poles wide to a little pine marked seven
The Eighth lot is thirty poles wide at the the highway
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