USA > Massachusetts > Essex County > Wenham > Wenham town records 1707-1731 > Part 3
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They then made choice of Capt. Thomas Fisk and Wil- liam Fairfield to put in and manage and address at the Salem General Town meeting or to the Selectmen of Salem if the town will consern themselves with it for the setting of bounds between the Village and Wenham according to the agreement of the towns of Wenham and Salem bear- ing date.
Voted that whereas Timothy Patch was chosen Constable in our town for this year and in case he obtain Thomas White to be timely sworn to said office in his place he is accepted by the town.
Voted allso that there shall be a meeting of the town and propritors on tuesday the 16th day of this instant at 12 of the clock to consider of and do what there was not time to finish this day.
March 2nd 1707/8 - William Fairfield, Benjamin Fisk, Theophelus Rix, Caleb Kimball, William Dodge and Wil-
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WENHAM TOWN RECORDS
liam Rogers all took the oath of their respective offices then |Thomas White was allso sworn to the office of a Constable.
March 16th 1707/8 - According to town grant the second of this instant we have laid out to Richard Thissell at his meadow next Longham bridge, we settled his line from his fence by said bridge straight to a stump about 20 poles in length which stump we set stones about which is close to the wall as it now stands and then taking the wall for the line untill it cometh to a red oak and from said tree we set the line straight to a stake and heap of stones about forty poles in length and about two poles from the eastward corner of his meadow which lines contain about 90 poles of land as for which we received forty shillings which is paid in to the town treasurer Thomas Patch
his Samuel F Kimball, Benjamin Edwards mark
Committee
At a meeting of the inhabitants and propritors of Wen- ham assembled this 16th day of March 1707/8 according to our vote the 2nd of this month |Instant| Voted that the propritors and freeholders will carry on and maintain their cause which the General Court hath, Shall be tried at the next Superior Court holden at Ipswich Joseph Fowler be- ing the defendent and to the end. Make choice of Capt. Thomas Fisk John Gott and Joseph Herrick as agents for the propritors and in their name to appear at said court (they or any one of them.) are fully empowered by us the propritors in our name and stead to appear and manage or defend our cause as fully and amply in all respects as we might do if we were present personally and we will main- tain allow and ratify whatsoever our said agents or agent shall lawfully do or cause to be done in and about said cause.
Voted. That John Killiam shall have his acre (due to him upon the account of the towns grant) adjoining to his own land and allso one acre more of Swamp adjoining to that on consideration he make no further claim of com- monace in our town.
Allso granted to Thomas Kimball Junr. and Richard
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WENHAM TOWN RECORDS
Kimball Junr. to each of them four acres apiece of the un- divided common land which remaineth in our town on con- dition that their fathers shall make no further claim of right of commonage of us other than their single share which they are allready admitted to.
Allso granted to benony| Maxey four Acres on the con- sideration their be no further claim of right of commonage claim unto, for the living which was his fathers.
Allso Voted that the selectmen or any three of them are a committee fully empowered to lay out all the above granted parcells of land. Allso Voted in the cause that Joseph Fisk hath commenced to be heard and tried at the next inferior Court to be holden at Ipwich against the propritors. they make choice of Capt. Thomas Fisk - John Gott and Joseph Herrick as agents for the propritors and in their name to appear at said Court (they or any one of them) are fully empowered by us the propritors in our name and stead to appear and manage or defend our said cause as fully and amply in all respects as we might do if we were personally present and we will maintain allow and ratify whatsoever our said agents or agent shall lawfully do or cause to be done in and about our said cause.
It is allso voted that our agents in Joseph Fowlers cause and Joseph Fisks cause are allowed to employ an attorney if they so need.
Voted, that there shall be a propritors meeting again on Monday the 22nd of this Instant at three o'clock in the afternoon.
At a meeting of the propritors and freeholders of Wen- ham according to the vote of the said propritors the 16th of this Instant being now assembled this 22nd of March 1707/8 Voted that whereas there is necessity of altering some seats in our meeting house for the Women kind to make more room and to mend the house where broken and the selectmen are chosen and empowered to see the said forthwith completed.
Allso Voted that whereas there are sundry persons that lay a claim to a right of commonage amongst us and controversaries and contentions ariseing amongst us for the preventing and ending of which it is voted that Capt. Thomas Fisk, John Gott and William Fairfield are nom- inated and Chosen as a committee fully empowered to join with such as claim a further share of our division of com- mon land to nominate and meet persons as arbitrators to hear and determine all such controversy which have been
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WENHAM TOWN RECORDS
or shall come in timly to make a final end and issue of all such claims and controversys and we will stand to confirm, fullfill whatsoever such arbitrators so chosen by our said committee or the major part of them and ordain and con- titute shall award and determine.
Allso Voted that Capt. Fisk hath liberty to build a seat for his family between the seat his father had granted his family and the seat before it, he resigning up to the towns disposal his interest in that granted to his fathers family.
Allso Voted that whereas Daniel Claflin had a grant of 60 poles of Common land joining the brook it is further granted that he shall have liberty to stop the brook not damageing the highway and in case he has been at cost, to set up according to his former grant and shall not be able to perform the service upon which it was granted he or his shall have 60 poles for what it worth in money.|
At a meeting of the Selectmen March the 17th 1707 it is agreed whereas the Selectmen have agreed with Jonathan Moulton for his damage about the highways goeing over his land to give him an Acre and one half of land which agreement includes one half of the gate between Moultons land and Deacon Fisks by Sewarts house and his brother John refuseing to agree about it the said is agreed with to do the whole gate according to the terms the Selectmen agreed with the rest of the propritors of the highway and the town to be indebted to him thirty shillings.
Thomas Fisk on the
Benjamin Edwards one
John Gott party Selectmen
his
And one of the other party Jonathan > Moulton mark
Attest William Fairfield Town Clerk
At a meeting of the Selectmen June 19th 1707 then laid; out to Jonathan Moulton (by agreement with him for his damage done him by the selectmen laying out a highway over his land in October 31st 1704 and to make and main- tain one half the gate from time to time which is in the division between Deacon Fisk and him) one acre and one half of common land on Lords hill bounding upon Deacon James Friend northeasterly 27 poles or thereabouts and
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WENHAM TOWN RECORDS
Northwesterly it boundeth upon the land laid out to Good- man Rix and the Kimballs about 16 poles and southwesterly upon a small piece of land left for the widow Cue's damage 7 poles and one half and southeasterly it boundeth upon Cue's land about 27 poles down to said Friends first men- tioned land which land was in full satisfaction| for the damage above said.
Know all men by these presents that I Joseph Fisk of Ipswich in the County of Essex in the province of Massa- chusetts bay in New England forever have remised released and forever quit claim, and do forever by these presents for myself, my heirs, Executors administrators remise, re- lease, and absolutely quit claim to the propritors of Wen- ham in the County above said forever all of common rights that I now have or ever had or any way is or was belonging to me the above said Joseph Fisk all and all maner of suits actions and judgments or judgment, and the judgment at Court the last March past the date hereoff on the 30th day held at Ipswich and I obtained a bill of cost of the above said propritors of Wenham which I do allso acquit them of, and acknowledge myself fully satisfied and paid and con- tented and do acquit the above said propritors of all de- mands whatsoever from the begining to this day, Allways provided that the propritors above said do not molest the quiet posession of my Brother Samuel Fisk of a common right and in confirmation hereof I have sett to my hand on this 13th day of May in the year one thousand seven hun- dred eight.
Signed and Sealed in presence of us,
Joseph Fisk (and a seal)
Thomas Fisk, Robert Symonds Junr. William Rogers
May 10th 1708 - At a meeting of the freeholders and other inhabitants duely warned Walter Fairfield chosen Moderator, Thomas Patch chosen Representative for the year ensueing. Then a committee was allso chosen and appointed for to seat the persons in our meeting house and so to order and so to regulate and order in said consern untill the town so cause to alter it by choosing another committee and Deacon James Friend, Ensign Walter Fair- field Sargent Thomas Patch Capt. Fisk, Lieut. John Porter are chosen for said service.
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WENHAM TOWN RECORDS
May 10th 1708 At meeting of the Selectmen agreed with William Rogers to keep school for the towns use and for reasonable satisfaction which I have received security for, to my satisfaction William Rogers
To Capt. Fisk treasurer for the town of Wenham these are to certify to all it may concern that I have received on account of my salary in full fifty eight pounds from Con- stable Thomas Edwards and those in his ward rated to me I say received by me Joseph Gerrish.
|March 10th 1708/9 A true entry Attest.| William Fairfield Town Clerk|
We the subscribers hereunto being a committee appointed June 22nd 1708 by the propritors of the common land in the township of Wenham at their meeting the eighth of this instant as by records of the town may appear and having received from the committee appointed adjust ac- count of £24 15s 0d for debt the defraying of which we have made sale of the following parcels of land viz: To Daniel Mclaflin we have sold for seven pounds an acre and a hun- dred and fourteen poles bounded as followeth by the land of Widow Ruth Dodge beginning at a rock at the north side of the brook and so about 36 poles to the corner of her wall as now it stands and so turning northerly to a stake and heap of stones about eleven poles leaving the highway 4 poles wide between the land of Thomas Patch Senr. and said line of eleven poles and then turning southwesterly about 28 poles to a stake and heap of stones on the west side of the brook coming out of the land of Benjamin Edwards his land and the line above said and from said stake and heap of stones on the west side of the brook coming out of the land of Benjamin Edwards his land and the line above said and from said stake and heap of stones to the rock first mentioned which boundarys contain |two acres and fourteen poles,| the sixty poles before granted being insluded.
We have allso sold to Samuel Corning Junr. about half an acre bounded Northeasterly by a line from the stake which is in the divisional line between Wenham and Bev- erly at the east corner of his meadow and so westerly 26 poles to a stake and a heap of stones and so to the stone wall and along said wall as it goeth and from the end of it to a sharp rock with stones about it five poles from the end of it and so on 24 poles to a stake and heap of stones and thence 12 poles on to a white oak standing on a Knowl of rocks and so untill we come to Thissells bounds being all
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WENHAM TOWN RECORDS
the land between the said line and his own meadow price 40 shillings.
Allso we have sold to William Dodge a parcel of common laying between his own land and Ipswich line containing about 1/2 acre being all the common land in that place and boundeth easterly upon Joseph Dodges land called |flaggy meadow| for twenty seven shillings and six pence and allso we have sold him another parcel laying between his own land and the highway going to Rice Knowltons land East- erly and from his corner bounds at the highway and thence we turned west 24 poles to a stake and heap of stones by the highway being eight poles from his own land which line of eight poles boundeth it at the westerly end. At fifty and five shillings pr. acre the whole amounting to |13 pounds and eighteen shillings.|
Allso we have sold to Nathaniel Waldron a parcel of common land laying between his own land formally Gold- smiths and Abbeys bounding Northwesterly upon the highway goeing that leadeth from Abbeys Bridge so called through said Waldrons land formally Goldsmiths leaving the highway two poles wide and bounding southeasterly upon a line from the division that now is between Joshua Wallis and the said Waldrons land on the other side and so all the common land between his two livings above said reserving as good a highway through it of two poles wide as that which has been used by the fence of Abbeys living on one side or the other as said Waldrons choice for five pounds and ten shillings. Which sums to us are all in hand paid and secured to be paid in the towns behalf which amount £29 5$ 0d.|
John Porter John Gott Joseph Herrick Committee
January 25th 1708 pursuant to a grant of the town bear- ing date March 16, 1707/8 we whose names are hereunto subscribed have laid out to Thomas Kimball Junr and Richard Kimball Junr eight acres of common land at the east end of the town adjoining upon the first division by Longham Meadow bounded on said division 32 poles begin- ing at the meadow then turning westerly 40 poles to a stake and heap of stones then turning 32 poles to a stake and heap of stones and then turning easterly 40 poles to the bounds first mentioned.
Thomas Fisk John Porter Committee Benjamin Edwards
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WENHAM TOWN RECORDS
Whereas the Town granted and laid out to our above mentioned sons the land above said we do acknowledge in their receiving the same we have received full satisfaction for any further claim of right of commonage in the com- mon land in the township of Wenham other than our single share which we are allready allowed and in witness hereof we have set our hands this 25th day of January 1708 his Samuel F Kimball mark Thomas Kimball
Know all men by these presents that I James Friend of Wenham in the County of Essex and province of the Mass- achusetts bay in New England yoeman. have received of William Dodge of said town and county - the full sum of forty shillings money in hand paid and secured to be paid for and in consideration of which I have for myself and for my heirs forever bargained and sold assigned and set over unto the said William Dodge and his heirs &c. all my right share and interest in the common land yet remaining undivided in the township of Wenham to me belonging by grant or vote of said town and that it shall and may be lawfull for the said Dodge forever here- after in my name and stead to ask for demand and receive and in his own name and to his own propor use and benefit to improve occupy and enjoy the same forever hereafter. And further that I neither have or will do anything to make void or encumber this sale and in confirmation of what is above written I have hereunto set my hand this 22nd of February 1708/9
James Friend
Attest William Fairfield Town Clerk
Know All men by these presents that I William Fairfield of Wenham in the County of Essex and province of Massa- chusetts bay in New England Yoeman have for and in con- sideration of three pounds to me in hand paid by William Dodge of said town and county, bargained and sold assigned and set over unto the said Dodge and his heirs for- ever all my right title and interest in the undivided com- mon land in the township of Wenham which accrueth to me by town grant for a division and as I am asignee to Thomas Kilham and I do for myself and my heirs forever quit claim unto the said William Dodge all my right title and interest in the same which doth or may accrue to me or mine by the
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WENHAM TOWN RECORDS
towns grant for a division. and that it shall and may be lawfull for him the said Dodge to use occupy and enjoy the same and in all respects to act and vote about the same in town affairs as I by law might do and in confirmation of all above written I have hereunto set my hand this 22nd day| of February 1708/9 William Fairfield
June 8th 1708 at a meeting of the freeholders and other Inhabitants duely warned and convened. Capt. Thomas Fisk chosen Moderator
Voted that whereas Capt. Fisk hath agreed with Joesph Fisk and obliged himself to pay him ten pounds. that the propritors reimburse the money. which was in satis- faction of a judgment of court the said Fisk obtained against the propritors at the last inferior court at Ipswich holden on the 30th day of March 1708 Voted that there shall be some Common land sold to defray the said ten pounds and all the change their agents hath expended in Joseph Fowlers case, and Joseph Fisks case. Voted. that the sale of so much land beloning to the propritors as is nessary for the end above said it is left with a Committee and Lieut. John Porter John Gott and Joseph Herrick are chosen for the said Committee. Voted That Thomas Kimball Sargent John Perkins and Nathaniel Waldron are chosen a Committee for to adjust accounts with the town agents and to make return of the same they allow to the Committee ordered to sell Common| land to pay the same.
Att a meeting of the Selectmen December 12th 1707 £6.00 Mr Treasurer be pleased to pay to Deacon Fisk out of the town stock in your hands (when you can get it in) the sum of six pounds the full of his due as Representative from his begining of his said Service unto this day and take his receipt in | full for the same, by order of the Select- men|
William Fairfield Town Clerk
£5.00 Received of Mr Treasurer five pounds I say received by me this 17th day of february 1707/8 I have received twenty Shillings of Constable Berry by order of the Treas- urer which make the sum in full according to the within written order of six pounds I say received by me Sept 27th 1708 William Fisk. The above order and [receipt upon the same is truly |entered|
|Attest| William Fairfield Town Clerk
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WENHAM TOWN RECORDS
Know all men that I have received of the town treasurer in the towns behalf the sum of two pounds seven shillings in full satisfaction for what was due to me for keeping the meeting house for the year 1706 and for the Selectmens expenses untill the 12th of December 1707 I say received by |me this 19th day of November 1708|-Robert Symonds
Augts 1st 1708 At a meeting of the Selectmen A tax was made in two divisions according to law the one amounting to fifty seven pound and committed to Constable Thomas White and the other amounting to 71 pounds 18 shillings and committed to Constable Benjamin Fisk both which are for paying the province treasurer the towns proportion of the tax laid upon the province this year.
December 1708 At a meeting of the Selectmen a town rate was made for the paying of the ministers Sallary in money and wood and the Representative & other town charges in four lists two of which are in Constable Thomas White's ward amounting to thirty nine pounds nineteen shillings and 8 pence with 13 cords of wood with a warrant to Collect the same and pay into the town treasurer by the first day of January next and to make up and Isue his accounte of the same by the first day of March next ensue- ing.
And the other two lists in Constable Benjamin Fisks ward amounting to fifty one pound £51 03s 01d and 7 Cords 1/2 wood and with a warrant anexed |thereunto to pay into, as is above expressed.|
At a meeting of the Selectmen Nov. 19th 1708
A highway is then laid out over the land of Thomas Edwards to accomadate Benjamin Edwards to come to the town which highway begins at Benjamin Edwards his own land and over the land of Thomas Edwards where the high- way now goeth as it is now fenced to the land of Josiah Dodge and agreed with said Edwards for five pounds to be paid him for the same and upon and in confirmation he hath hereunto set his hand
his Thomas O Edwards mark
Receipt of the money to discharge the town
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WENHAM TOWN RECORDS
January 25th 1708. At a meeting of the inhabitants and freeholders of Wenham duly warned, Ensign Walter Fairfield chosen Moderator.
Voted, whereas the Selectmen have made a town rate and committed it to the Constable for the defraying the towns debts, that the rate shall stand and be collected for the towns use and what over pluss is in it over and above what the town is now indebted shall remain, at the towns disposal untill March meeting.|
March 1st 1708/9
At a meeting of the inhabitants and freeholders of Wen- ham being duly Warned; Ensign Walter Fairfield chosen Moderator Ensign Walter Fairfield Benjamin Edwards, Ephraim Kimball John Gott, and Josiah Dodge are chosen Selectmen for the year ensueing.
William Fairfield chosen town clerk for the year en- sueing.
Mr Daniel Dodge chosen Constable for the east side of the road for the year ensueing and Nathaniel Brown cho- sen Constable for the west do. Nathaniel Fairfield accepted by the town to serve as Constable for Mr. Dodge and sworn to said office.
For surveyors of highways Thomas Kimball is chosen for the eastwards of the straights and Theophelus Fisk to the West.
And for fence viewers Ebenezer Batchelder Samuel Kim- ball Junr. and Rice Knowlton are chosen for the year en- sueing.
And for sealer of weights and measures Ensign Fair- field is chosen to continue.
For tithing men Sargent John Perkins, Samuel Fisk Jun". and Joshua Wallis are chosen for the year ensueing.
Nathaniel Waldron Chosen Town treasurer for the year ensueing.
Voted. that there shall be a meeting of the inhabitants and propritors on tuesday the eighth day of this instant at 12 of the clock at the meeting house to do what remains necessary to be done in the consern not finished this day.
March 1st 1708/9. Nathaniel Waldron Joshua Wallis, Theophelus Fisk, Nathaniel Brown Ebenezer Batchelder, Samuel Kemball, Thomas Kimball Samuel Fisk Junr. Rice Knowlton and William Fairfield took the oaths of their respective offices, of the meeting above said the votes is finished on the 8th.
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WENHAM TOWN RECORDS
Voted for the time to come no money for the towns use shall be put into the Country tax but just the sum de- manded by the Country treasuer. and what the Constables have for collecting.
And some time before our towns agreement is to pay the ministers rate the town shall be called together to give their order for how much the towns assesment shall be made for and shall all pass through the account of the town treasurer or receiver that so the town may have a just account and all town debts orderly discharged.|
At a meeting March 8th 1708/9 of the inhabitants and propritors of Wenham met according to a vote at the last meeting.
Voted. that the highway which the selectmen laid out over Sargent John Batchelders land from the open highway to the great swamp on Dec. 8th 1705 is allowed to and ac- counted good with the satisfaction for it.
Voted that Joseph Dodge is chosen by the town to keep a public house of entertainment in our town.
Voted that the Selectmen are empowered to agree with three school dames to teach children for to reed and a school master to learn young people to write, and cypher and to engage 40 shillings| in the towns behalf for their service.
April 9th 1709. At a meeting of the selectmen then accounted with Capt. Thomas Fisk for his receivings and disbursements in the office of town treasuer for the years 1706. 1707. 1708 and have ballanced all accounts and there remains nothing due.
Then received of Constable Thomas White the sum of nineteen shillings in full of the towns rate committed to him to collect in the year 1706 I say received by me Thomas Fisk Town treasurer. February 8th 1708/9.
April 9th 1709 Then received of Capt. Fisk town treas- uer the sum of eighteen shillings in part of my due for ringing the bell.| I say received 18s. Robert Symonds.
May 1709. At a meeting of the inhabitants and free- holders of Wenham duely warned and convened for choos- ing of a representative and other town buisness, Ensign Walter Fairfield chosen Moderator. William Fisk chosen Representative |to serve at the general Court the year en- sueing.|
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WENHAM TOWN RECORDS
June 10th 1709. At a meeting of the freeholders and other inhabitants of Wenham duely warned and met to- gether Capt. Fisk Chosen moderator.
Voted that Thomas Edwards shall be paid for his highway by the sale of some Common land.
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