USA > Massachusetts > Essex County > Wenham > Wenham town records 1707-1731 > Part 2
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The 4th lot to Mr. Gerrish laying 3 poles and 6 foot at the meadow and 3 poles and 4 foot at the highway and on the east side of the highway two poles and 6 foot at each end next said Porters.
The fifth lot to the right of Lieut. Gott deseased being 3 poles and 6 foot wide at the meadow and 3 poles and 4 foot at the highway and on the east side of the highway two poles and 6 foot wide at each end adjoining to Mr. Gerrish.
The sixth lot to Thomas White being 3 poles and 6 foot at the meadow and three poles and 4 foot at the highway and on the east side of the highway two poles and 6 foot. wide at each end adjoining to Mr. Gerrish.
The sixth lot to Thomas White being 3 poles and 6 foot at the meadow and three poles and 4 foot at the highway and on the east side of the highway two poles and 6 foot at each end west to said Gotts.
The seventh lot to Theophelus Fisk being 3 poles and 6 foot wide at the meadow and 3 poles and 4 foot wide at the highway and on the east side of the highway it is two poles and 6 foot at the highway and 2 poles and 9 foot next Kimball land.
And the eighth lot to Robert Cue right being 3 poles and 6 foot at the meadow and three poles and 4 foot at the high- way and on the east side of the highway two poles 6 foot at the highway and 2 poles and 9 foot at the Kimball land Thomas Fisk Joseph Batchelder John Batchelder A. Committee
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WENHAM TOWN RECORDS
We whose names are under written being partners and propritors in that division of common land in the great swamp called the seventh division and having right and power to divide amongst ourselves and make a record in the town book of our divisions have agreed and divided said division as followeth first on the west side of the highway to William Fisk Junr. two eighths next the sixth division being 6 pole and five foot wide from the great meadow to the highway. - next to Samuel Kemball Junr. one eighth being three poles and two foot and one half wide from the great meadow to the highway. 3rd to Isaac Hull one eighth being 3 poles and two foot and one half wide from the great meadow to the highway. fourthly to John Leach one eighth being 3 poles and two foot and one half wide from the great meadow to the high way.
fifthly to Joseph Hacker one eighth being 3 poles and two feet 1/2 wide as above said sixthly to Ebeneser Batch- elder 3 poles and two foot and 1/2 wide the whole length as above said, seventhly to John Batchelder three poles and two foot and 1/2 wide being all the remainder of the lot to the joining of the eighth division all the above said divisions are to be as they are allready stated and bounded by Stakes and trees set and marked.
The other part of said division laying eastward of the highway is divided as followeth. the westward end next the highway about eighty poles towards the pond to a stake set and marked 8 belongeth one half of it to said Samuel Kim- ball being that side next the second division on that side of the highway the other half to John Leach and Joseph Hacker divided length ways in equal halves and the other part of said lot from the Stake marked 8 down to Kimballs land is divided to John Batchelder and Ebeneser Batchelder in equal halves being parted length ways the northward side belongeth to said John and souhward side to Ebenser and whatsoever belongeth to said division at the Edge of pleasant Pond is parted in halves between John and Eben- eser Batchelder as abovesaid and we the above named have mutually agreed and posted our said lot or division as above mentioned reserving liberty to pass over each others parts or shares for the neecfary improving our said parts now it is divided for ourselves and our heirs forever and in con- firmation of all above written we have hereunto set our hands this tenth day of January one thousand seven hun- dred and six and seven.
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WENHAM TOWN RECORDS
Isaac Hull John Batehelder Samuel Kimball Junr
his Joseph O Hacker mark Ebeneser Batchelder William Fisk John Leach
Attest William Fairfield Clerk
Know all men by these presents that whereas by the town grant there is an acre of Swamp land belonging to me the subscriber and having received of Josiah Dodge one piece or eighth in full satisfaction for the said grant and do by these presents for myself and for my heirs forever abso- lutely sell and allimore the same unto the said Dodge and his heirs forever and upon his receipt of the same do ab- solutely aquit release and discharge the town of and from the same and in confirmation of what is above written I have hereunto set my hand this 3rd day of May 1709
Henry Hagget V his mark
Attest William Fairfield town clerk
Know all men by these presents that appear as Theofhilus Fisk by the grant of the town is interested in a piece of land at the east end of the town in common with several others which land is called the third division according to the boundaries thereof as by records may more fully appear and William Dodge likewise is entitled by town grant to four aeres and a half of swamp land in the great swamp in the ninth division which four aeres and a half are bounded northwestwardly by Samuel Fisks acre being six poles wide at that end and northeasterly upon William Fairfields swamp being at the 3rd division untill it cometh on a straight line to a stake set up two poles and 1/2 from the ash tree which is the bounds of Theophilus Fisks aere where said aere cometh to an angle: and so on from said stake on a straight line to the conor of Benjamin Fisks land at the end of his fence at the first point of upland two poles
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WENHAM TOWN RECORDS
and a quarter short of a small pine tree marked standing in the fence and then it boundeth upon the fence south- westerly as it now standeth untill it cometh to Samuel Fisks acre first mentioned. whereof we the above named Theo- phelus Fisk and William Dodge both of Wenham do hereby make and declare an exchange cach with the other for our- selves and our heirs forever of our above said rights that is to say the said Dodge his four acres and 1/2 acre as it is above bounded shall belong to Theophelus Fisk and his heirs forever And Theophelus Fisks right in the third division above mentioned shall belong to said Dodge and his heirs forever and in confirmation of what is above written we have hercunto set our hands this 13th day of January 1706/7
Theophelus Fisk William Dodge
Attest. William Fairfield ) Town Clerk
Know all men by these presents that whereas Daniel Dodge of Wenham in the county of Essex have by town grant a right in that division of common land in the great swamp called the sixth division in the right of my deceased father and I David Batchelder of the same town and county have by town grant a right in that lot of land at the east called the fourth division our rights as above said being one eighth part of cach division do hereby make and declare an exchange cach with the other of our above said rights laying in common with the propritors of cach division and we the abovesaid Dodge and Batchelder do for ourselves and our heirs forever exchange passover and asign our above said rights each to the other interchangbly enabling hereby each other to use occupy and improve in each others rights with the propritors of each division as above said and to divide when need requireth as we ourselves by the grant of the one empowered to do and in confirmation of all that is above written we the above named have hereunto set our hands this twenty second day of January Anno domino, seventeen hundred and six and seven 1706 / 7
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WENHAM TOWN RECORDS
Daniel Dodge David Batchelder
Attest William Fairfield (Town Clerk
Whereas the Selectmen did lay out, and stake a highway from the County road through the west end of our town to or near the village line in October 1704 and allso since in March 1705 laid out another highway from the afore- said highway beginning near Theophelus Rix his house to the upper end of his pasture near John Sewards house and so to Beverly line one pole and one half wide both of which highways where they have allways been used yet so said highways have formerly been started by the propritors and now by the Selectmen as aforesaid reserving the fee sim- ple of the land to the propritors only for every man as he shall have occasion to pass through leaving the several pro- ritors to hang convenient cart gates for their security from damage and that there shall be no other encumbrance upon said ways than by good and sufficient gates and for satis- faction to the several propritors by using their land as aforesaid and for making and maintaining gates from time to time the Selectmen have laid them out common land to their satisfaction and as to the gates agreed for.
To Goodman Leach three gates one between Goodman Hacker and himself and the other between John Gott and himself and the third between his tillage and his pasture.
And to John Gott one gate in the division between said Gott and William Fairfield and to William Fairfield two gates one between the land formally Thomas Kilhams and said Fairfield the other near his barn in the division be- tween himself and Samuel Fisk.
And to Theophelus Rix three gates one between his own land and Samuel Fisks the second between Deacon Fisk and himself in the lane near John Sewards.
And allso to Deacon Friend three gates the one between his own land and Ephraim Kimball in the division and one other between his own land and the Moultons and one gate allowed him to divide his own land. And in confirma- tion of what is above written the Selectmen on the one party and the propritors for themselves and their heirs have hereunto set their hands
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WENHAM TOWN RECORDS
Thomas Fisk John Porter Benjamin Edwards James Friend his Samuel F Kimball mark Selectmen
his Samuel F Kimball mark John Batchelder Thomas Kimball John Leach his John F Berry mark John Gott
John Porter
Ephraim Kimball
William Fairfield
James Friend Caleb Kimball
Theophelus Rix his Jonathan Know all men whom it may concern that whereas the selectmen as above expressed laid out a highway over part of my land and agreed to pay the damage to me in land, I hereby acknowledge I have received of William Fair- field four pounds five shillings and eight pence in full satisfaction in behalf of the town and do therefore order to said Fairfield whatsoever may accrue to me or mine| dated December 17th 1706 Joseph Batchelder At a meeting of the Selectmen January 14th 1706/7 agreed and ordered that the town clerk enter the same in the town book. the abovesaid is |a true entry of the original agreement| Attest William Fairfield Town Clerk Know all men by these presents, that whereas the town in their division of the common land have suited and allowed us the subscribers hereoff to have our shares of common land together in partnership and empowered us to divide and settle each persons share by a record in the Town Book as by town grant bearing date March 5th 1705 may fully appear and having received our parts of these 20 WENHAM TOWN RECORDS two divisions of the common allready divided in our town in the seventh division at the east end of the town and in the eighth division in the great swamp have agreed and divided the seventh division at the cast as followeth viz: 1st to Timothy Patch two cights one in his own right and one in Ephraim Kemballs next the eighth division being eight poles and ten foot wide upon the highway and ten polls wide on the creek line next to David Maxeys one eighth being four polls and five foot wide upon the highway and five poles upon the Creek line, next to Theophclus Rix's. one eighth four poles and five foot wide upon the highway and five poles wide upon the creek line. next to Samuel Kilham one eighth being four poles and five foot upon the highway and five poles wide upon the creek line. Next to Caleb Kimball one eighth four poles and five foot wide upon the highway and five pole wide upon the creek line joining to the sixth division which divisions are divided and set out by mutual consent of all the above named reserving free liberty of passing and carting or sled- ing over each others parts from time to time forever for ourselves and heirs and in confirmation of all above writ- ten we have hereunto set our hands this fourth day of June 1707 March 24th 1707/8 Timothy Patch David Maxey Theophelus Rix Joshua Wallis Joseph Batchelder Attest William Fairfield Town Clerk We have allso divided the great swamp division being the eighth lot in the swamp the part on the west side (of the highway the first lot being next to William Fairfield being four poles wide at each end is to Theophelus Rix. the second being four poles wide at each end is to Joseph Batchelder, the third being three poles and three quarters wide at each end is to David Maxey. The fourth lot being three poles and three quarters wide at each end is to Sam- uel Kilham. the sixth lot being three poles and three quarters at each end is to Caleb Kimball The seventh lot being six poles and three quarters at the highway and seven poles and one half at the meadow be- 21 WENHAM TOWN RECORDS longeth to Ephraim Kimball in his own right and Timothy Patches being all staked out at each end according to the above mentioned. and that part on the east side of highway being the second lot we divided it across the midst from Samuel Kimballs corner stake and the first lot of the east part near William Fairfields by the pond being 4 poles wide at each end is to Samuel Kilham. the third lot being the same breadth is to David Maxey. the fourth lot being the same breadth at each end is to Joshua Wallis and the first on the west end of it next the highway on the north side is to Caleb Kimball and the next to him Theophelus Rix. the next two lots are to Ephraim Kimball in his right and Timothy Patches which four lots are all four poles wide at each end and in confirmation of all above written we have hereunto set our hands the day and year above Joshua Wallis his Samuel F Kilham mark Caleb Kimball Ephraim Kimball Theophelus Rix At a meeting of the Selectmen May 19th 1707 to settle bounds and stake out a highway which the committee for dividing of our land left between John Coys land and the second division from Turnup Bridge all along so far as Coys land joins upon the highway which we began to do at Turnup Bridge the first bounds is the great white Oak on the side of the bridge on Coys side of the highway and so straight to the stump in Coys fence and so rounding as the fence now stands about three or four foot within said fence where said Coys fence did stand upon the path untill it cometh to a great white Oak stump in the highway at which place the highway is laid out one pole and three foot to Coys land and so along towards his barn where the fence of Coys six acres stood by the path from where we meas- ured our three poles which ended three foot short of a small Red Oak marked in the Rice Knowltons fence and so on untill it cometh to a division between said Knowltons land and Benjamin Edwards to a stake set for said Knowlton to fence to one pole nearer Coys house than the stump by the hogpen which is his bounds as above said and from thence northward to the turn of the highway taking Coys 22 WENHAM TOWN RECORDS fence as it now standeth untill the highway leaveth Coys land which highway is laid out three poles wide from the bounds above expressed both against Rice Knowltons and Benjamin Edwards his land. James Friend John Porter Selectmen William Fairfield To all Christian people to whom this present deed of sale shall come, Thomas Patch John Porter and William Fairfield present selectmen sendeth greeting. Know ye that we the above named selectmen of the town of Wenham and County of Essex and province of the Massachusetts bay in Newengland according to an order of our town bearing date May 12th 1707 have for and in consideration of the sum of three pounds and twelve shillings in hand paid and surved to be paid before the sixteenth hereof by James Friend of said town and County yoeman the receipt whercof and every part thereoff we do acknowledge to have had and received and therewith fully satisfied contented and paid in consideration we the above named as selectmen given, granted, bargained and sold and firmly and abso- lutely conveyed unto the above said James Friend and his heirs forever a cetain parcel of upland containing one acre of the towns common land sittuated and laying in the town- ship aforesaid on the north side of Lords hill so called and bounding northerly with the land the said Friend hath received of the town for highways over his land and west- erly upon Theophelus Rix his land Southerly upon Jona- than Moulton acre and one half and Easterly upon the land of Robert Cue deceased which said acre of land be the same more or less to him the said James Friend or his heirs to have and to hold forever and further we the named as selectmen in behalf and for the town do couvnent that it shall and may be lawfull for the above said James Friend his heirs and executors administrators or asigns, forever quietly and peacably to improve and occupy possess and enjoy the same with out lawfull let hindrance or denial by said town or any person laying lawfull claim thereunto, from by or under the said town and in confirmation of all that is above written we have hereunto set our hands this 19th day of June 1707 Thomas Patch John Porter William Fairfield Selectmen 23 WENHAM TOWN RECORDS Know all men by these presents that whereas the Select- men in laying the highway at the west end of the town in October 1704 laid it out over a part of my land formally Samuel Moultons and for my damage thereby the Select- men hath paid me twenty two shillings in full satisfaction dated June 19th 1707 Samuel Kemball Junr. At a meeting of the Selectmen of Wenham June 19th 1707 - pursuant to an order of the town bearing date May 12th last past, we having notified all those persons to whom the town is indebted by laying a highway across their land at the west end of our town to attend a meeting we had appointed for their agreeing about their damage and receiving of land as the rest of the neighborhood hath done and they refusing to receive any land by agreement with us for their damage we have according to the above said order of the town laid out and sold the following parcells of land being all the Common land remaining at Lords hill for money to satisfy for the highways according to the towns order as above mentioned and at a public meeting notified on purpose to settle said parcells of land on sale and Left. Jolın Porter offering three pounds nineteen shill- ing per acre for two acres which was more than any other person would give, it is laid out and sold to him for the money above said according to the grant of the town, which is bounded Northerly upon his own land and Easterly upon John Batchelder land he had of the town for satisfaction for his highway and Southerly upon land laid out to Charles Gott Junr. and Westerly upon Joseph Hooker partly upon a line from the corner of said Porters stone wall to a stake in Hookers line three poles below said Hookers corner bounds. And then William Rogers offering three pounds thir- teen shillings per acre for four acres wanting five pole but he appearing this 19th day of June of the year above said and declining to proceed in purchasing the same the above said four acres is sold and granted by order of the town as above said to William Fairfield for three pounds thir- teen shillings per acre which four acres are situated and laying and being north of Lords hill Common so called bounded Northwesterly upon the said Fairfields own land given him by the town for highway satisfaction and North- easterly upon Left. John Porters land and Southeasterly up- 24 WENHAM TOWN RECORDS on Joseph Hookers land and Southeasterly upon Joseph Her- ricks three poles wide allowed him without the line of his own land. Which land is sold by order of the town as above said for money to satisfy those persons that refused to agree to receive the land in satisfaction. The day and year above said. To William Fairfield To Left. John Porter Thomas Patch. James Friend John Porter Selectmen Thomas Patch. James Friend William Fairfield Selectmen June the 20th 1707 Received of James Friend John Por- ter & William Fairfield the present Selectmen of Wenham and in the towns behalf three pound twelve shillings and ten pence in full satisfaction from the town for all the highway which the Selectmen laid out over my land or what my son Benjamin hath upon said way over the land for- mally Mr. Newmans - and allso for that piece between Theophelus Rix his gate and Moultons gate by Sewarts house which money I have received in full. I say received by me. A true entry Attest William Fairfield Town Clerk William Fiske At a meeting of the Committee chosen and appointed by the town to divide between any disagreeing eight and to set ont to any that should be agreed by the improvment of their partnership (they refusing to divide amongst them- selves) and at the request of Samuel Kimball Senr and some other of the partners in the ninth division of Com- mon land at the east end of the town and we have divided the said lot into eight equal parts as near as can be and the first eighth in the division belongeth to John Edwards the first part of it layeth upon the plain by the Ipswich line adjoining to some Acre lotts formerly laid out which border upon the southeast side of the pond and so turning northwardly about sixteen poles to a beach marked. then turning Eastwardly to a little Hemlock with stones about 25 WENHAM TOWN RECORDS it. the next lot to Josiah * * * * begining at the foremen- tioned beach at the west end seven poles and one half to a white oak and turning east to a white oak Stump and then turning Southerly to the little Hemlock before men- tioned. the 3 rd lot to nathaniel Brown in the right of Thomas Kimball seven poles and a half wide at the pond to a white oak. and at the east end seven poles wide to a black oak. Next to Daniel Claflin in the right of John Sewart seven pole and one half to a white oak at the pond and seven poles at the east end to a black oak. the next to ensign Samuel Kimball seven poles and one half to a white oak at the pond and at the east end seven poles to a black oak. The sixth lot to Deacon James Friend seven poles and one half to a black oak at the pond and at the east end Seven poles to a white oak. And in the other division called Snake hill the first lot joineth upon the road and boundeth upon Rise Knowltons bounds to Ipswich line and is nine poles wide upon said line to a black oak marked and by the road six poles to a hemlock bush which lot hath a small peice more belonging to it upon the road sixteen poles wide upon the road from a black oak Stump and beareth the same breadth to the pond. the next to John Edwards ten poles wide upon the Ipswich line to a stake and heap of stones and six poles wide at the highway to a little Black oak. which hath a small peice belonging to it being 11 poles wide at the highway to a little walnut and so the same bredth to the pond. the 3rd lot to Nathaniel Brown ten poles wide at Ipswich line to a black oak and at the highway 6 poles to a little pine. which hath a peice belonging to it being twelve poles wide at the highway to a black oak and bearing the same breadth to the pond. the fourth lot to Deacon Friend being ten poles wide upon the Ipswich line to a black oak and six poles wide upon the highway to a little pine, the peice which belongeth to this lot is ten poles wide - at the highway to a stake and heap of stones and the same to the pond. The fifth lot to Daniel Claflin ten poles wide upon the Ipswich line to a black oak and six poles wide at the highway to a pine the peice belonging to it is ten poles wide upon the highway to a stake and heap of stones and so the same breadth to the pond. the sixth to Ensign Kimball ten poles wide on Ipswich line and six upon the highway to a pine the peice belonging with it is ten poles wide upon the highway to a stake and heap of stones and so the width to the pond. Divided and settled by us the Subscribers this 19th day 26 WENHAM TOWN RECORDS of |January 1707/8 Thomas Fisk John Batchelder John Gott Committee March 2nd 1707/8 - At a legal meeting of inhabitants and propritors of Wenham Deacon Fisk chosen moderator, Capt. Fisk, Benjamin Edwards, Deacon Fisk. Lieut. John Porter, John Gott, Chosen Selectmen for the year ensue- ing. Timothy Patch chosen Constable for the west end of the town and Benjamin Fisk chosen Constable for the east end of the town. William Fairfield chosen Town Clerk for the year ensueing. Capt. Fisk chosen to continue in the offce of Town Treasurer for the year ensueing. For surveyors of highways William Dodge for the town and Calb Kimball westward of the straights. For surveyors of fence Joshua Wallis, William Rogers, and William Fair- field. For tithing men Thomas White, Theophelus Rix and Joseph Batchelder are chosen. For sealer of weights and measures ensign Fairfield is chosen for the year ensue- ing. Granted to Richard Thissell of Beverly a small strip of land adjoining to his meadow at longham so much as is necessary for the setting his fence upon dry land and stones to renew his wall which for quanity and price is left to Sargent Thomas Patch, Ensign Samuel Kimball and Ben- jamin Edwards as a committee to settle the bounds of his marsh and for what price they agree for which said money shall be brought into the town treasury and the bounds and quanitys entered in the twon book. 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