Wenham town records, 1687-1706, Part 8

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 8


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WENHAM TOWN RECORDS


to a little maple marked eight and at the west end twenty nine poles to a birch marked on four sides.


The ninth lot is forty six poles wide at the West end to a maple marked which includes Taylors Fisks 2 acres and thence down Southerly upon Deacon Fisks land down to the highway including all the common land.


The bounds of the divisions on the east side of the high- way are as follows. the first begins at Ipswich line and from thence fifteen poles wide at the highway to a birch marked one, and bearing the same width down to pleasant pond.


The second lot is sixteen poles wide from the birch at the highway to a little beach marked two, and thence running Eastward the same width to a hemlock marked two and so to the pond, if there be common land enough.


The third division is eighteen poles wide at the highway to a maple marked and at the east end eighteen poles to a buttonwood tree, marked taking in all the common land that breadth as far as it goeth.


The fourth division is eighteen poles wide at the high- way to a pine marked four, and at the east end the same width to a pine tree marked four and so running on to the outside of the common land.


The fifth division is in breadth from the fourth at the highway twenty poles to a maple marked five and at the east end to a hemlock marked five, and so to the end of the common,


The sixth lot is bounded at the highway 20 poles in breadth to a pine marked 6 and at the east end to a pine at the corner of Wildmans Neck, marked 6 and so on to the end of the common.


The bounds of the seventh lot is upon the highway 45 poles to a hemlock marked 7 upon wolf Island and east- erly forty poles from a little pine marked in the corner of wildmans neck to a hemlock marked 7.


The bounds of the eighth lot is from the seventh lot upon the highway fifty three poles to a little maple marked 8 and eastward to a hemlock standing by Thomas Kemballs land marked eight, all the common land be- tween said bounds and Samuel Kemballs bounds, reserv-


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91


WENHAM TOWN RECORDS


ing what soever therein Robert Symonds have right unto.


The bounds of the ninth lot is all the common land be- tween the 8th lot and a hemlock stumpt about 10 poles northward from John Batchelders fence and allso south- erly by said Batchelders which was laid out to him by the Selectmen and from his westernmost bounds in Ben- jamin Fisks fence, turning thence to a maple marked which is the corner of the westerly ninth lot, leaving a a highway 2 poles wide. all the rest belongs to the 9th lot on the east allways provided the two divisions of lots are to be accounted but one, and are to be coupled to- gether as followeth.


the first lot on the west hath the 7th on the east be- longing to it, and


the second on the west hath the ninth on the east,


the third on the west hath the eighth on the east,


the fourth on the west hath the fourth on the east the fifth on the west hath the fifth on the east. the sixth on the west hath the 6th on the east the 7th on the west hath the third on the east the eighth on the west hath the second on the east the ninth on the west hath the first on the east. which nine divisions containe all the common land belong- ing to the great swamp, and are laid out by us the sub- scribers being a committee chosen by the commoners for said service, Witness our hands Dec 6th 1705


Walter Fairfield ·


Thomas Fisk Junr-


Rice Knowlton


Isaac Hull Nº Rogers


Nº Dodge Samuel Killam Josiah Dodge


Those who drew lots, and had the first lot of common at the east end of our town March 26 1705 drew the sev- enth division in the swamp.


Dec 9, 1705


those who drew the second in the east drew all the second in the swamp.


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WENHAM TOWN RECORDS


those who drew the third lot for the east drew the fifth for the swamp


those who drew the fourth at the east drew seventh for the swamp


those who drew the fifth for the east drew the sixth for the swamp


those who drew the sixth for the east drew the fourth for the swamp.


those who drew the seventh for the east, drew the eighth for the swamp.


those who drew the eighth for the east drew the ninth for the swamp,


those who drew the ninth for the east drew the third for the swamp.


At a meeting of the Selectmen Dec 8th 1705


Then laid out a highway into the great swamp from the open highway at the west end of our town through Sar- gent John Batchelders land within thirty poles easterly from his house, to be a convenient highway for carts and to drive cattle from time to time, together with half an acre of land for a landing place to lay wood and timber as there shall be occasion to be on the east side of the highway at the swamp side, twelve poles in length from the high way and seven poles in breadth by the waysside. said Batchelder is to keep convenient bars upon said waye from time to time, and for satisfaction the selectmen have laid him out about three acres of swamp land which is in full and to his content. Beginning at the said Batchel- ders meadow and thence northward to a hemlock stump at the edge of Thomas Kimballs Island, which allso is the bounds of the ninth lot of swamp and from thence westerly to a stake and heap of stones - about forty poles from said stump which is about fifteen poles northerly from a red oak marked standing in said Batchelders fence at his bars and from thence westerly to a stake and heap of stones in benjamin fisks fence being allso the corner bounds of deacon fisks and Benjamin Fisks acres of swamp, including all the common swamp lying Southerly from said line.


Know all men by these presents that whereas we whose


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WENHAM TOWN RECORDS


names are under written thomas Fisk senr on the one part and Thomas Kimball on the other part have each of them received a grant or division of land. viz. to said Thomas Fisk a division or lot in the great swamp called the first division as it is entered and recorded in this book of records dec 9th 1705 and said Thomas Kimball had a grant in the ninth division at the east end of our town as it standeth recorded allso in this book of records, laid out according to an order of the commoners march 7th 1704, we the above named have exchanged each with the other and do for ourselves and our heirs forever make over each to the other and confirm this their exchange of the above said grants or lots of said lands and in conse- quence confirmation thereof have set our hands


March 5th 1705 Thomas Fisk


Attest William Fairfield Town Clerk Thomas Kimball


At a general Town meeting of the inhabitants and free- holders of Wenham March 5 - 1705 - It is agreed and voted as followeth that whereas the propritors and commoners of our town, have divided our great Com- mons swamps - and allso a great part of the upland at the east end of our Town Each piece into nine divisions - and have also - granted and settled one division in - - unto each company of Commoners as they are suited together and allowed by us: to have eight common rights together, and whereas there are some in our town, that dispute the legality of our commoners acts, and so are likely to raise law suits and contentions, we do there fore give and grant to every several company of eight common rights as they are joined together in the list of our com- moners that parcel of common land whereof they are all- ready possessed by the vote and acts of the commoners - as by their records it is stated and bounded to have & to hold as a free gift of the town, and to be divided amongst them (when anyone of the eight shall be agreed of it) either by themselves if they can agree, or by a committee chosen by the town to be suited to every several com- moner for his right or rights as they are allready allowed and stated, to each an equal share or part for advantage


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WENHAM TOWN RECORDS


and quality as near as can be, and that the said division and boundarys of every person rights be recorded in our town book - of Records for lands by the Town Clerk which record so made shall be sufficient title from the town to any one to whom it Shall be recorded.


the above entry as it is recorded was agreed and voted by the town march 5 1705 and then Capt. Thomas Fisk, Walter Fairfield, John Gott Josiah Batchelder John Batchelder and William Rogers were chosen any three of them to be a committe pursuant to the above order


Attest William Fairfield


Town Clerk.


At a meeting of the free holders and commoners Nov 30th 1705


Thomas Fisk Senr- Chosen Moderator


Voted that the town treasurer shall prosecute against Samuel Stone for trespass on our common for cutting and felling wood and timber yhe last winter


Voted - that there shall be a meeting of the free holders and commoners in our town at the meeting house on the next monday commencing at 9 o'clock in the forenoon to do what shall be found necessary to be done.


At a legal meeting dece 9th 1705 of the free holders and commoners, Ensign Fairfield Chosen Moderator.


Voted - that whereas the commoners agreed to suit 8 common rights together and it happened that in the prose- cution of it there was but seven that could be disposed of by the commoners which company drew the third lot in March last and there being one single right in that division undesposed of at the east end of our town the town clerk shall enter in our town book that there is said single right still at the commoners disposing, as allso that whatever lot said company shall now draw, there will be a singl right at the commoners disposal.


Voted that the town will join with the propritors of land in the highways at the west end of our town in the choice of a committee of indifferent persons to judge and deter- mine in what satisfaction each particular propritor ought to have for his damage allways provided said propritors do all jointly agree thereunto under their hands some time


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WENHAM TOWN RECORDS


before our next town meeting in March next ensueing.


at a meeting of the Selectmen May 24th 1705 then laid out and started a highway to accommodate Joseph Herrick and John Herrick to come to the highway which the Selectmen laid out in Oct 16th 1704, beginning at said highway through John Leach land to Goodman Hackers fence at the head of his field on the upper side of his cross fence, and thence crossing said Hackers land to Goodman Berrys Pasture, thence crossing his pasture to Joseph Herrich's nasture and thence running across to john herricks land. said Highway to be one pole and one half wide with gates agreed on. Viz to John Berry two gates and to Goodman Haiker one gate to be Kept from time to time good and convenient for cattle to pass through.


And allso laid out to. Goodman Berry two acres and thirty six poles of common land the westerly side of good- man Leaches 4 acre lot laid out to him 32 poles in lenghth from Joseph Herricks land and in breadth about 10 poles wide at each end


Allso to goodman Haiker the same length next Good- man Berrys lot and in breadth twelve poles all which is in full satisfaction


Dec. 10th 1705 John Herrick John Gott, Joseph Her- riick, and John Berry who are suited together with Thomas Edwards, Benjamin Edwards, Mordeca Larcom . and Rice Knowlton in the second division at the east end of the town and allso in the second division of the great Swamp.


these are therefor to testify that we John Gott, Joseph Herrick, John Herrick and John Berry on the one part, and Thomas Edwards and benjamin edwards, Mordeca Larcom and Rice Knowlton on the other part do hereby for ourselves and our heirs forever make and hereby con- firm an exchange of our several rights in each division. viz. Thomas Edwards, Benjamin Edwards Rice Knowlton and Modeca Larcom do hereby freely fully and absolutely exchange and make over and confirm all our rights and shares in our abovesaid 2nd division in the great swamp, for and in consideration of theirs. viz John Gott Joseph Herrick John Herrick and John Berry on the one part


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WENHAM TOWN RECORDS


and Thomas Edwards, Benjamin Edwards, Rice Knowl- ton and Mordeca Larcom on the other, have hereunto Set their hands


Thomas Edwards John Herrick


Rice Knowlton


Joseph Herrick


Benjamin Edwards his


Mordica W Larcom


John


1


Berry


his mark mark


John Gott


At a legal town Meeting May 10th 1705, Deacon Fisk Chosen Representative to serve at the next general Court. Ensign Fairfield and Thomas Fisk Senr. are chosen to serve on the grand jury at the superior court at Ipswicjh. Lieut Porter and Deacon Freind chosen to serve on the jury of trials


at a commoners meeting March 13th there was then given in a list of commones as they are suited together with persons appointed to stake out said common into divisions acording to a former agreement of the commoners as may · appear on record


these lots were drawn, Dec 9th, 1705


Walter Fairfield


Richard Hutton the first lot (In the swamp - laid out Dec. 9- 1705)


Thomas Fisk Senr


John Barr Which by lot is


Josiah Dodge


David Batchelder


the 4th division as


Robert Symons


Robert Symonds Junr. it was laid out by the committee


Mr. Gerrish 1 share the 5th


Lt. John Porter


3 "


lot


Thomas White


1 "


in the


Theophilus Fisk 1 share Swamp -


Widow Cue 1 share Drawn De 9 1705


Which by lot is the Third division as laid out by the committee.


Thomas Fisk Junr two shares


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WENHAM TOWN RECORDS


N Fairfield


two shares


the 9th lot in the swamp


Nathaniel Waldron and for


Drawn Dec 9th 1705


Abbys living


two shares


which by lot is the third division


N dodge


one share


Zacheus Goldsmith


one share of land as it was laid out by the committee


Samuel Fisk junr


Ruth Dodge for her husband estate


Mary Dodge for her husbands est.


Henry Haggett


Nº Knowlton Samuel Fisk Senr.


Jonathan Moulton


Benjamin Fisk


the 4th lot in the swamp drawn, Dec 9-1705


which by lot is the sixth division


Richard Dodge Thomas Patch sen


John Perkins Tobias Trow


Charles Gott jun


Daniel Killam


Stephen Patch in the right of brother Thomas


N" Rogers for his freehold the 6th lot in the Swamp as drawn Decc. 9-1705, which by lot is the fifth division as it was laid out by the committee


Joseph Batchelder Ephraim Kimball Caleb Kimball Theophilus Rix


Samuel Killam in the right of the whole farm on which his farther now- with joshua wallis David Maxwell Timothy Patch


The 8th lot in the Swamp, as drawn Deec-9-1705, which by lot is the seventh division as it was laid out by the committee.


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WENHAM TOWN RECORDS


at a meeting of the Selectmen, March 5th 1705 reconed with Caleb Kimball for town rates and committed to him and upon the ballance he is to eight shillings to the town treasurer.


At a meeting of the selectmen Dec 7th 1705 then they agreed with Joseph Fowler Senr to entertain Henry More and his wife untill the first day of May next at his house, and to allow him houseroom, firewood and small beer for thirty and five shillings, to be paid him by the town treasurer,


Joseph Fowler.


Dec 4th 1705 Then laid out by the selectmen to Rob- ert Symonds in the right of some salem men whose right said symonds may be supposed to have purchased, about five acres of meadow land in the great Swamp, beginning at a rock on the edge of Wildmans Neck and from thence running southerly 44 poles to a stake and from thence westerly 33 poles to a little tree marked on four sides and from thence turning northerly 28 poles to a little maple marked on four sides, and from thence turning easterly to the rock at the shore 16 poles.


The seventh lot in the swamp as drawn Dec. 9-1705 The names of the first division as they were suited together Mr. Hull


John Bachelder


John Dennis Samuel Kemball Junr.


Ebenezar Batchelder


Nº Fisk Junr. John Leach


Joseph Hacker


The second division of the swamp, as drawn Dec. 9 1705 The names of the men who were suited together into the second division.


Benjamin Edwards Thomas Edwards Rice Knowlton Mordeca Larcom


L


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WENHAM TOWN RECORDS


John Gott Joseph Herrick John Herrick John Bery


The 3rd lot in the Swamp drawn Dec. 9-1705


the names of the men who were suited together into the 9th division.


Deacon N Fisk


Joseph Fowler Janes Freind


Samuel Kemball Junr-


John Coy Thomas Kemball John Stewart John Edwards.


Which lots were drawn by the committee appointed to draw in March last, and by each company now Dec 9 1705


At a meeting of the selectmen Aug 4th 1705 - Then made a tax amounting to one hundred and thirty two pounds nine shillings and 1 penny. To pay the province treasurer 128 pounds and four pound to the town treasu- rer and nineteen shillings allowed the Constable for col- lecting said tax. Ordered that Zacheus Goldsmith Shall Keep 12 in his hands of the ballance 3:7:0 made by the Selectmen with him as he was constable for the mak- ing of gates upon the highway through his land and allow- ance for the loss of Richard Coys rate. So there remains to be paid to the town treasurer forthwith two pounds ten shillings.


As witness his hand Zacheus Goldsmith


Ordered that the town treasurer shall pay to Mr. Hull 5 shillings for his sons John's head, which he paid rates for after he went to sea and never came home and ten shillings for his own head rate the last year, he having been gone about two years.


At a meeting of the selectmen Oct 1st 1705.


Then made a tax on poles and estates to the sum of 33 pounds, two Shillings and two pence; to pay the county treasurer forty eight shillings and six pence according to


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WENHAM TOWN RECORDS


warrant and to the town treasurer thirty pound Eleven Shilling and six pence at or before the last day of Octo- ber Instant to satisfy the town debts. ordered the town treasurer to pay Lieut John Porter 2:10: 00 which is in Zacheus Goldsmits hands.


Then ordered that the town treasurer shall make payment eight Shillings and four pence to Thomas Fisk Senr for paper and writing.


Then reconed with our land lord Symonds for Ringing the bell and for Selectmens expenses in full 3: 7:4:


At a meeting of the selectmen Nov. 5th 1705 Then made a tax upon poles and Estates to pay our Ministers Salery amounting to 1:2: 5 and divided it to the constables by warrant to collect and make payment to mr. gerrish 60 pound with the wood, acording to our towns engagement and to him 4 for abatement of his county tax, and the remainder is allowed for the collecting of the whole rate. Then gave an order to Lieut John Porter to receive of the town treasurer four pound five shillings being the remainder of the money due to him for the bell.


Nov 6th 1706 then accounted with the selectmen and I have received the above 4:5:0: in full


I say received John Porter.


Allso gave an order to our landlord Symonds to recover of the town treasurer 3: 7: 4 : due to him upon a ballance above written.


Dec 14th 1705 At a meeting of the Selectmen gave out an order to Deacon Fisk to receive 8f of the town treasu- rer for his sevices this year at the General Court.


March 15 1705 then upon reckoning betwen the select- men and Robert Symonds Sen and uppon the ballance upon accounts due him 178: 6ª


Then made up an account with John Perkins late town treasurer and aquited him of his treasurship and he gave us an account of 2 : 16 : 0 which he hath paid Mr. Thomas Patch upon an order which he received of the selectmen, dated Nov 22 1704 for five pound ten shilling,


At a commoners meeting March 26 1705 Voted that the town clerk do enter the several lots of com- mons which are all ready divided as they are drawn by lot.


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WENHAM TOWN RECORDS


Voted that there shall be a commoners meeting at the meeting house the third monday in May next ensueing at 2 o'clock in the afternoon.


March 20th 1705 at a meeting of the Selectmen, they then determined that every propritor at the west end of our town upon whose land the Selectmen laid out a high- way oct 31st last past every such propritor shall not be obliged to make and keep an open highway but to have and keep such gates upon said highway as the said select- men shall think meet to pay them for.


Then laid out to Samuel Fisk Senr, a parcel of land containing one acre and one quarter joining to land of Lieut Porter six rods wide from his own land and upon his own land 42 poles, and upon this land then laid out to N" Fairfield two poles wide on the easterly end, and by Wm. Fairfield land then laid 42 poles easterly.


Allso then laid out to William Fairfield upon the agree- ment about the highway with the Selectmen on Oct 31st 1704 (then laid out) and allso another highway which the selectmen on the 20th of March 1704 have now staked out - Viz from said fairfield gate near his Barn 15 poles in breadth from said gate along by his now field fence untill it commeth to Capt Thomas Fisks land toward Wenham causeway and upon the account of his acre of swamp which is due to him, in consideration of all the above said premises, the Selectmen laid out to him to his full satisfaction four acres and 105 poles of common land, bounded northerly by Lieut Porters land 14 poles and one quarter upon a square line and Southerly upon John Herricks Fence 26 poles and 1-2 and lyeth joining to said Samuel Fisks land Northerly.


Allso to Ensign Samuel Kemball and John Gott to each of them two acres being laid out together, bounded by Richard Obears fence 32 poles in length and 20 poles in breadth. from said Obers fence joining upon John Her- ricks fence said parcel of land being twenty poles in breadth at each End and 32 poles long acording to the several bound Marks. Allso then laid out to John Leach four acres on the westerly side of the above said four acres bounded by John Herricks fence 20 poles being in


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WENHAM TOWN RECORDS


the same form in which the abovesaid 4 acres is laid.


At a meeting of the selectmen, March 1705. Then laid out and staked out a highway at the west end of our town, beginning at the highway which the Selectmen laid out Oct last 1704 near Theophilus Rix his house, through his pasture to his gate near John Sewards house and from thence as the high way goeth to Beverly line, one pole and one half wide to be a passage for people as they shall have ocasion to pas, but not to be an open way, but the pro- pritors are to hang convenient gates from time to time.


March 1705 the selectmen then laid out to thomas kim- ball sen three acres and twenty four poles of common land in full satisfaction for his damage by a highway laid out by the selectmen upon his land. Northerly from Ensign Kimballs and John Gotts 4 acres and from thence running 42 poles, bounded by Mr. Obers fence and 12 poles wide at each end. Allso then laid out to Ephraim Kimball one acre and one half on the west side of Thomas Kimballs lott above said 42 poles in lenth and 6 poles in breadth at both ends.


Allso then laid out to Caleb Kimball one and one half acre on the west side of Ephraim Kimballs lot above said being 6 poles wide at each end


Allso then laid out to Theophilus Rix four acres bounded by Caleb Kimball lot easterly 40 poles and Southerly by Goodman Leaches lott sixteen poles and also 16 poles wide at the northerly end.


Due to the town from Zacheus Goldsmith late Constable three pounds eight shillings and eleven pence. which is ordered to be paid to the town Treasurer April 20th 1705 'then ordered to the town treasurer to pay to Deacon Fisk for his services at General Court as Representative five pounds and sixteen shillings in full.


Allso ordered 14 shillings to be paid to Theophilus Rix for the use of Alexander Maxy for rent of his house for Henry More.


Allso then ordered to be paid to N" rogers in full of all accounts twenty four shillings and agreed with him to keep School in our town.


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103


WENHAM TOWN RECORDS


At a meeting of the selectmen April 20th 1705. made a full reckoning with Mr. Thomas Patch upon the ac- counts of his services at General court and for rent of the land due to the town according to eight shillings pr yean


for town land which he hired of the town in january one thousand six hundred and eighty seven, and now upon a true balance there is due to the town twenty and five shillings.


We whose names are underwritten being appointed to re- new the bounds between Manchester and Wenham, we met on the twenty fourth day of April 1705 and we then by consent renewed the bounds between our Towns, begin- ning at a white oak marked with W and M and so went on the lyne and renewed the rest of the bounds, untill we come to a stump with a stake in it and stones about it standing in Ipswich Line called by the name of Dodges Stump.


for Manchester John Knowlton and Aron Bennett


for Wenham Benjamin Edwards and Timothy Patch. May 10th 1705 - Then we drew a notification to the selectmen of Topsfield to perambulate on the twenty fourth of May current to meet at 10 of the clock in the forenoon at the west end of the Wenham Causeway, if fair weather, but if foul then the next fair day.


Then agreed with Goodman Symonds to keep the pound for one year.


We whose names are underwritten Viz. John Dennis and William Fisk Jun being propritors and partners in com- mon in the first division of common land at the east end of our town and allso in the seventh division in the great swamp do hereby make and declare an exchange of our rights as followeth viz. that the above named John Den- nis shall have all right title or interest belonging to said Fisk in the first division at the east end of the town; and that said William fisk shall have all the right title and interest belonging to said Dennis in the seventh divi- sion laying in the great swamp. And we the above named Dennis and Fisk do agree to exchange each with the other for ourselves and our heirs our rights in said divi-




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