Wenham town records 1707-1731, Part 8

Author: Wenham (Mass.); Wenham Historical Association
Publication date: 1938
Publisher: Wenham Historical Society
Number of Pages: 250


USA > Massachusetts > Essex County > Wenham > Wenham town records 1707-1731 > Part 8


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Benjamin Edwards O signed and sealed in presence of us witness


John Gott Joseph Herrick William Rogers


Know all men by these presents, that I, Nathaniel Fairfield of Wenham in the County of Essex and province of Massa- chusetts bay in New England yoeman as principal and John Davidson in said County cordwainer as surety, do


88


WENHAM TOWN RECORDS


acknowledge ourselves our heirs executors or administrators do owe and stand indebted to the town treasurer of Wen- ham the full sum of one hundred pounds currant money of New England to be paid upon demand the which payment well and truly to be made we bind ourselves our heirs exe- cutors and administrators jointly and severally or either of us or them firmly by these presents sealed with our seals this thirteenth day of June Anno Domino 1709.


The condision of this obligation is such that the above bound Nathaniel Fairfield as princepal or John Davidson as Surety or their heirs executors administrators as oblidged shall take care of and provide for Henery More and his wife during the time of their natural lives in all respects as the town are in law and duty oblidged to do as they are poor of said town and bury them when dead .. as human creatures should be, and in so doing the above obligation to be void and of none effect otherwise to stand and remain in full force strenth and virtue and in confirmation of what is above written we have hereunto set our hands and seals the day and year above said signed and sealed in presence of us, William Fairfield, David Dodge,


Signed Nathaniel Fairfield, John Davidson O £ OS


We whose names are underwritten being a committee appointed by the town to agree with any person that should appear to undertake the towns Duty (upon them) in pro- viding for Henry More and his wife and to engage to them in the towns behalf the sum of fifty pounds in money as on town record may appear.


Have and do hereby agree with Nathaniel Fairfield of Wenham to take the said More and his wife and provide for them as the poor of the town and taken security of him with surety in the towns behalf have and do hereby agree with said Fairfield according to the towns order to give him fifty pounds and to pay it in money as followeth,


Viz, five pounds within two months after the date hereof and twenty pounds more at or before the last day of De- cember next coming and the other twenty five by the last day of December next come twelvemonth and the said Nathaniel to have the towns power to employ the said More and his wife in his service and to his own proper use and benefit and his heirs executors administrators in all respects as the town might and ought to do, but in case the said More or his wife should decease before the tenth day of next June then six pounds five shillings is to be abatted


89


WENHAM TOWN RECORDS


and if both die by that time then as much more and in con- firmation of what is above written in the towns behalf we have hereunto set our hands this thirteenth day of June 1709


his Samuel 7 Kemball mark committee Benjamin Edwards Joseph Herrick The above is a true coppy. Attest. Willliam Rogers, Town Clerk 1713


At a meeting of the Selectmen of Wenham March 30th 1713 in order to lay out a highway over the land of Josiah Dodge begining at the ford blow the Corn mill of said Dodges so along as the way now goeth as the fence now standeth untill it comes to the end of the lane by said Dodges barn thence turning to Thomas Edwards land as the way now goeth one pole and 1/2 wide by the fence as it now standeth from said barn to said Edwards land all which highway is for the towns use as ocasion may be from time to time and at all times forever to pass through gates and said Dodge and his succesors to make and maintain said gates forever that shall be convenient for opening and Shut- ting for people passing through that the town be discharged conserning the same, and in considerasion and satisfaction for said highway and gate the said Selectmen have agreed to allow unto said Josiah Dodge and his successors two acres of land and about 15 poles adjoining to his said Dodges land formely Claflin land begining at a walnut tree said Dodges corner bounds to a fast flat rock in the ground by the highway side towards the east and so along to a stake and heap of stones by the causeway at a turn of the road and so to a stake and heap of stones by Phineas Dodges fence northerly bounding upon the lot laid out to Lieut John Porter and Thomas White which parcell of land is in full satisfaction of said highway and gates as written :


he, said Dodges hand set hereunto, the said parcel of land be it more or less as it is butted and bounded is to said Jo- siah Dodge and his successors forever.


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WENHAM TOWN RECORDS


Josiah Dodge


his Samuel 7 Kemball mark Caleb Kemball William Rogers John Porter


Selectmen


At a meeting of the Selectmen of Wenham March the 30th 1713.


Whereas the town of Wenham did on March 16th 1707 vote that John Kilham should 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 condition he make no further claim of commonage in our town having empowered the selectmen to lay out said land.


We the subscribers have on the day above said laid out said land 2 acres bounding as followeth,


begining at Andrew Dodges land the Northeasterly corner of his land by the swamp 9 poles to a stake and heap of stones standing in range of the divisional fence between Andrew Dodge and Samuel Kilhams land then turning northeasterly 36 poles to a stake and heap of stones near the bridge then turning 9 poles to Samuel Kilhams land the said two acres is laid out unto Samuel Kilham Senr to the above said John Kilham in his right by grant as above mentioned from said town.


The said Samuel Kilham acquiting and discharging the said town of and from any further claims of commenage in his own right or in his fathers John Kilham right to be had or made by himself or his heirs executors or any of his said farthers heirs or executors administrators or assignees in what nature soever. and doeth for himself and heirs and his said fathers heirs executors administrators covan- tant and provide to bar the said town endemnified of and from any further claims of common right only the right that he is now in posession of partly laid out and to lay out as witness his hand on the day above said.


his Samuel 6 Kilham mark


his Samuel 7 Kemball mark Caleb Kemball Josiah Dodge William Rogers


Selectmen


91


WENHAM TOWN RECORDS


At a meeting of the Selectmen Dec. 16th 1713 Whereas Nathaniel Waldron did manifest that he was uneasy about the highway laid out over his ground for Daniel Maxey whereupon the Selectmen do agree with the said Waldron that the highway shall go as followeth


Begining at a pair of bars at said Maxeys own land run- ing northerly side of the hill by the edge of the hill east- wardly of the said Waldrons fence untill it comes to a great gully washed out of the hillside thence runing taking the best advantage to get up the hill crossing the old highway to the fence by an old cellar and so up by the fence to the new highway as the fence now standeth a conveinent breadth considering the dificulty of the land passing into the highway through a pair of bars or gate at time and at all times as ocasion shall serve where upon we do agree to make void and of none effect the highway laid out.


bearing date November 25th 1713


his Samuel 7 Kemball mark Josiah Dodge John Porter Caleb Kemball


Selectmen


Nathaniel Waldron on the other part


Know all men by these presents that I Daniel Claflin of Wenham in the County of Essex in the province of Massa- chusetts bay in New England, Taner, for and in consider- ation of the sum of thirty shillings money in hand paid by William Dodge of Wenham above said Husbandman, I have given granted and sold allienated enfeefed and conveyed and confirmed firmly by these presents a certain common right in the undivided lands that is within our town at the east end of our town which right the said Daniel Claflin purchased of John Seweritt of said town as may appear by a deed to have and to hold to him the said William Dodge his heirs executors administrators and assigns for- ever in fee Simple in all peices and parcells thereoff without any reservations or after claims to be had or made by me or any of mine to be free and clear in all respects whatso- ever and in confirmation hereof I have set to my hand on


92


WENHAM TOWN RECORDS


this 25th day of May in the year of our lord 1713


Daniel Claflin


Josiah Dodge William Rogers


Witness


At a meeting of the Selectmen of Wenham December 16th 1713,


Whereas Freeborn Balch of Beverly is dissatisfied with the highway the Selectmen of Wenham laid out, hath de- sired a highway to his land in Wenham to fetch his hay,


Whereas by a law the Selectmen are empowered to lay out particular highways by themselves or by a committee appointed by them by virtue of which law we do appoint Samuel Kilham Thomas White, John Moulton Nathaniel Brown Nathaniel Gott to be a committee to lay out a high- way to said Freeborn Balches land or meadow in Wenham, You attending the directions in the law in this case made and provided whereby you are empowered to do this ser- vice. We desire you to do it as soon as may be and make return hereof. pr Order of the Selectmen.


William Rogers, Town Clerk


Pursuant here to the Selectmen of the town of Wenham having appointed us the subscribers to be a committee to lay out a highway for Freeborn Balch of Beverly to pass from the Country road to his land in Wenham We having met together this 28th day of December 1713 and upon the repuest of said Balch we have laid out a way begining at the North west Corner of Mrs. Hulls land at the country road and runing Easterly over the land of said Hulls along by the divisional fence between John Edwards and said Hulls untill it cometh up the hill then runing a little south east- erly leaving the said fence so unto the Northwestwardly corner of John Porters land and so along upon said Porters land from the corner aforesaid upon a straight line to a pair of bars in said Balches stone wall which lead into said Balches land all which highway is stated 20 feet wide southward of said fence and twenty foot wide where it leaveth the fence all the way to said Balch his land which highway is for said Balch and those that shall succeed him in that living or parcell of land which the way leadeth to pass with cart or sled as occasion shall serve from time to time and at all times forever allways provided that said Balch do make due recompense and satisfaction for said


93


WENHAM TOWN RECORDS


way unto the propritors of the land over which highway layeth so that he discharge the town of Wenham from any further care cost or trouble or charge in what nature soever said Balch having the liberty of mending said way as occa- sion may be to make it convenient and hath liberty of pass- ing through gates or bars.


John Moulton Samuel Kilham Committee Thomas White


The above is a coppy of the original and truly entered and compared


Attest William Rogers Town Clerk


December the 25th 1713


We whose names are underwritten being propritors to- gether in the fourth division in the great swamp at the West end of our town have agreed and divided as followeth in the division on the west side of the highway in said Swamp begining on the north side of said division.


The first lot is upon the highway 3 poles 8 foot and one half foot wide and at the end next the meadow is 3 poles and one half pole and is to Samuel Fisk Senr.


The 2nd lot is 3 poles and 6 foot at the highway side and at the meadow the west end 3 poles and one half pole and is to William Fairfield.


The 3rd lot is at the highway 3 poles and 6 foot and at the meadow 3 poles and 7 foot wide and is to Jonathan Moulton.


The 4th lott at the highway is 3 poles and 6 foot wide and at the meadow 3 poles and 7 foot wide and is to Thomas Tarbox.


The 5th lot at the highway is 3 poles wide and 6 foot and at the meadow 3 poles and 7 foot and is to Thomas Tarbox.


The 6th lot at the highway is 3 poles and 6 foot wide and at the meadow 3 poles and 7 foot and is to Joseph Herrick.


The 7th lot is at the highway 3 poles and 8 foot wide and at the meadow 3 poles and one half pole and 3 foot and is to Benjamin Fisk.


The 8th lot is 3 poles and 9 foot at the highway and at the meadow 3 poles and one half and 3 foot and is to Mary Dodge widow.


The division on the east side of the highway is divided across in two divisions by a line from a small Hemlock tree marked Standing upon the west side of Poplar Island so called to a Hemlock marked standing upon the south side of Rocky Island so called the westerly end from said bounds


94


WENHAM TOWN RECORDS


to the highway is the first lot and is to Jonathan Moulton begining on the North side of said division is four poles wide and 7 foot at the highway and the second lot is to William Fairfield 4 poles wide at the highway and 7 foot and the third lot is to Joseph Herrick 4 poles and 5 foot wide at the highway.


The 4th lot is to John Batchelder 4 poles and 5 foot at the highway.


The east end of said division is as followeth the first lot is begining at the north side of said division the end next to pleasant pond is 4 pole and 7 foot and is to Benjamin Fisk.


The 2nd Lott is at said end 4 poles and 7 foot wide and is to Samuel Fisk.


The third lot is at said end 4 poles one half wide and is to Thomas Tarbox.


The 4th lot is at the same end 4 poles and one half wide and is to Mary Dodge widow all which bounds are measured and staked and bounded out. and in confirmation of all that is above written we have hereunto set our hands on the day above said.


Jonathan Moulton


his her


Thomas + Tarbox Mary R Dodge Joseph Herrick


mark mark


William Fairfield John Baker and Benjamin Fisk


The above is a coppy of the original and of the names


signed Attest William Rogers Town Clerk.


A list of all the propritors that built at Wenham with their sums.


A list that remain with you to repair said house


£ sd


Nathaniel Brown


5 .. 00 .. 00


Daniel Kilham


4 .. 00 .. 00


Serjent Gibbord for


his son Daniel


2 .. 5 .. 00


Samuel Lomas


0 .. 6 .. 00


John Knowlton


5 .. 00 .. 00


Capt Wards right


3 .. 10 .. 00


Mr Quarls


1 .. 14 .. 00


John Lamson


3 .. 00 .. 00


25 .. 5 .. 00


95


WENHAM TOWN RECORDS


15 June 1713 at a meeting of the inhabitants of Ipswich who where propritors to a third part of the meeting house at Wenham then voted and chose a committee to sell to the town above said the right of so many of them as were willing to sell in said house and to make conveyance of the same Committee William Davidson


for the said Samuel Polland


Inhabitants 1 Mathew Whipple


A true coppy out of the Hamblets Book Attest Mathew Whipple Clerk for said inhabitants. A coppy of the original William Rogers Town Clerk.


A list of those that give up their rights to be disposed of by the committe chosen for that service


£


S d


Richard Walker


3 .. 00 .. 00


Daniel Davidson


3 .. 00 .. 00


Gameil Dodge


6 .. 00 .. 00


Mathew Annable


1 .. 00 .. 00


John Gilford


2 .. 05 .. 00


Daniel Davidson Jun


1 .. 09 .. 06


Edmund Porter


2 .. 15 .. 06


John Polland


3 .. 00 .. 00


Samuel Knowlton


1 .. 10 .. 00


Samuel Polland


1 .. 11 .. 09


Abraham Tilton


4 .. 00 .. 00


David Thomson


1 .. 10 .. 00


Robert Conway


0 .. 00 .. 00


Mathew Whipple


3 .. 00 .. 00


Joseph Whipple


1 .. 10 .. 00


John Dane


2 .. 14 .. 00


Jonathan Hobbs


0 .. 16 .. 00


39 .. 11 .. 09


At a meeting of the propritors of a third part of the meeting house at Wenham the 15th of March 1713/14 then a committe was chosen Viz Samuel Polland William David- son Mathew Whipple To agree with Wenham for the dis- posal of our rights in said meeting house Attest Mathew Whipple Clerk for said company dated Ipswich March 15th 1713/14


The above list and and Coppy of the original given in by the committee above said


Attest, William Rogers, Town Clerk.


96


WENHAM TOWN RECORDS


The above named Nathaniel Brown and John Brown hath given up their rights as is entered in folo 135.


We whose names are underwritten do hereby signify to the town of Wenham that we freely resign all our rights in Wenham meeting house up to the town only reserving each of our pews to be to our respective sons Viz. Nathaniel Brown and Rice Knowlton and their heirs forever provided the town will let our sons and their Heirs enjoy the said pews without any order from the town as witness our hands, John Knowlton, Nathaniel Brown (bearing date as above


Feb. 22nd 1713/14.


At a meeting of the Selectmen they appointed the town Clerk to draw a warrant to Constable Ebenezer Batchelder to warn Margret Polland to depart and leave our town, and a warrent was drawn and sent as directed accordingly bear- ing date Febuary the 23rd 1713/14.


A coppy of the return made upon the warrant.


I have warned the said Margret Polland widow to depart and leave the town according to warrant and said Patch that he dont entertain her Febuary 25th 1713/14 Ebenezer Batchelder Constable.


The above return is truely entered & the original on file. Attest William Rogers T. Clerk.


Received of Constable Gott the Sum of two pounds Eleven shillings 7ª pence in full for the County rate for the town of Wenham for the year 1713. The above is a true coppy of the original receipt John Appleton County treasuer. Attest. William Rogers Town Clerk.


At a general town meeting duly warned March the second 1713/14, Deacon William Fisk chosen Moderator for this meeting Lieut John Porter, Samuel Kemball, Josiah Dodge, Caleb Kemball and William Rogers are chosen Selectmen for the year ensueing.


William Rogers chosen town Clerk for the year ensueing and sworn. Joseph Herrick Chosen Town treasuer for the year ensueing and sworn.


97


WENHAM TOWN RECORDS


James Metchem Chosen Constable for the west end of our town for the ensueing year. Samuel Porter chosen constable for the east end of our town for the year ensueing and sworn the same day he was chosen.


John Moulton chosen surveyor of highways for the west end of the town for the year ensueing and sworn the same day. Samuel Kimball Jun chosen surveyor of highways for the east end of our town for the year ensueing and sworn the same day


William Dodge, Joseph Dodge and John Herrick are chosen surveyors of fence for the year ensueing and sworn. Benjamin Fisk John Friend Zacheus Goldsmith are chosen tithing men for the year ensueing and sworn the same day.


Walter Fairfield chosen to continue in the office of Sealer of weights and measures for the year ensueing.


James Metchem being unwilling to serve as constable he not being in town meeting when chosen Voted to accept of Thomas Tarbox in his room the said Tarbox offering his willingness to serve as constable the year ensueing and was sworn to the office of Constable the same day.


The question being put to the town wether the town will repaint the meeting house Voted on the affirmative.


Voted to choose a committee to se to doeing the work. Voted to choose five men on the committee.


The question being put to the town wether the town will have the inside of the meeting house plaistered with lime and it was left with the committee to order for the well doing of it both to the inside and outside whatever needed to be done in the matter and voted in the affirmative.


Sergent Joseph Herrick, Sergent John Gott Capt. Thomas Fisk Benjamin Edwards Lieut. John Porter are chosen a committe to do the work or see to the doing of it as above mentioned.


The question being put to the town wether the town will allow the town treasuer for his services for time past voted in the affirmative. Voted to allow him thirty shillings for time past.


At a meeting of the Selectmen March 2nd 1713/14 then agreed with William Rogers to keep school to teach children to read and write in our town and to ring the bell and keep the meeting house of our town and he is to have reasonable satisfaction for the said service in the particulars above mentioned for the year ensueing.


98


WENHAM TOWN RECORDS


his Samuel 7 Kemball mark John Porter Caleb Kemball


Selectmen


The Selectmens petition was voted.


Voted that the committee Viz. Sergent Joseph Herrick Sergent John Gott Capt. Thomas Fisk Benjamin Ed- wards, and Lieut. John Porter are appointed by a vote of the town to treat with our Ipswich neighbors conserning their part in our meeting house and make report to the town concerning the matter.


To the town of Wenham at a general town meeting March 2nd 1713/14 the petition of Samuel Kemble John Porter Josiah Dodge Caleb Kimball and William Rogers Se- lectmen of Wenham, Humbly showith that whereas your petetioners have been presented for not doing which if they had done they would have ronged their trust and would have been justly blameworthy and your petetioners been contended from court to court and have been exposed to cost and charge and have petetioned to the great and gen- eral Court and are dismissed as may appear by Court rec- ord more largely.


Your petetioners pray that the town would be pleased to pass a vote to pay all the just and reasonable charges & cost : Your petetioners have been unjustly and illegally exposed unto and all the Witnesses that your petetioners have been forced to summons in their just defence in this matter and your petetioners shall ever pray.


This petetion being received to the town on March 2nd 1713/14 and considered the town voted to grant the pete- tion above mentioned to pay the cost and ordered to be en- tered by the Moderator of said meeting.


his Samuel 7 Kemball mark William Rogers John Porter Josiah Dodge Caleb Kimball


> Selectmen


The above is truely entered Attest William Rogers Town Clerk


99


WENHAM TOWN RECORDS


March 8th 1714. the present selectmen chosen for the year ensueing, appeared and have taken the oaths of asses- ors the town not having chosen any other persons to be assesors for the year present.


At a legal town meeting duly warned of the inhabitants of Wenham on March 16th 1713/14 Sergent John Gott chosen Moderator for this meeting.


Voted to allow some consideration to our Ipswich neigh- bors for their rights in our meeting house that do deliver or surrender up their rights up to the town.


Voted to give or allow our Ipswich neighbors the sum of fifteen pounds in good passable money for and in consider- ation of their rights in and belonging to our meeting house that is to all those that surender up to the town all their rights in our meeting house and upon the consideration of their giving good security to our town to make good the seventeen rights that is mentioned in an asignment pre- sented by committee as may appear upon our records. upon the condition that they will accept of it.


Voted. that the committee chosen to repair our meeting house are to complete the bargain conserning the matter with our said Ipswich neighbors that have given up their rights in our meeting house.


Voted. to raise thirty pounds money to provide matter wherewith all to repair our meeting house and to be paid by the last of April or thereabout


March 22nd 1714. At a meeting of the Selectmen then a tax was made in two distinct lists upon the polls and estates in Wenham Viz .-


one list was committed unto Constable Thomas Tarbox amounting to the sum of £19 11$ 01d


one list was committed unto Constable Samuel Porter amounting to the sum of £15 07$ 10d


and a warrant annexed to each list directing them to make payment unto our town treasuer or to the selectmen or whom they shall appoint to receive the same at or before the last day of April next after the date hereoff all which sums of money are for to find where with all for the repair- ing our meeting house £34 18$ 11ª|


100


WENHAM TOWN RECORDS


To the Selectmen of Wenham you are desiered to send some persons empowered to renew bounds between our towns and to meet such of our townsmen as shall be empow- ered by the Selectmen of our town of Manchester on the last Monday of this instant April at ten of the Clock in the fornoon at the Swamp Stump so called Dodges Stump.


Dated Manchester April the 20th 1714


John Knowlton, by order of the Selectmen


The above is a true coppy of the Original Attest William Rogers Town Clerk


At a meeting of the Selectmen of Manchester April 26th 1714 we have appointed Mr. Samuel Allen and Daniel Wil- liams to renew bounds between our town of Manchester and Wenham with such gentlemen as shall be appointed by the Selectmen of Wenham meeting at Dodges Stump dated Manchester April 26th 1714 by order of the Selectmen


John Knowlton Clerk A true coppy Attest, William Rogers, town Clerk


April 26th 1714. We whose names are underwritten have met together and have renewed the bounds between Wen- ham and Manchester namely Dodges Stump and the white Oak Stubb with a heap of Stones about it and do mutually agree to renew all the range bounds.


Josiah Dodge Selectmen


William Rogers


for Wenham


his Samuel S Allen mark his


For Manchester


David () Williams


mark The above is a true coppy of the original act and pro- ceedings




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