"Y.^LE-'WIMIITIEI^SflirY'' Bought with the income of the William C. Egleston Fund, 1913 PUBLICATIONS OF THE ESSEX BOOK AND PRINT CLUB NO. Ill INDIAN LAND TITLES ESSEX COUNTY, MASSACHUSETTS THE INDIAN LAND TITLES OF ESSEX COUNTY MASSACHUSETTS . BY SIDNEY PERLEY SALEM, MASSACHUSETTS ESSEX BOOK AND PRINT CLUB 1912 Ch 19. 53 CONTENTS Introduction .... Tribal Territories Merrimack River Pentucket . . . . . Agawam ..... Naumkeag ..... Right to the Soil Force and Effect of Indian Deeds Deeds Ipswich Deeds The Deed of Haverhill The Conveyance of Andover Newbury Deeds . The Conveyance of Nahant The Deed of Marblehead Lynn Deeds . Salem Deeds The Deed of Beverly The Deed of Manchester The Deed of Wenham The Deed of Gloucester The Deeds of Boxford The Deed of Rowley . Bradford Deeds The Deed of Topsfield Index IX 3 3 4 6 7 i6 i8 2325 3135 41 49 5164 77 88 9398 lOI 106 118 120135 ILLUSTRATIONS Indian Map of Essex County . . Frontispiece Deed of John Winthrop, Jr.'s, Farm in Ipswich 25 Deed of Ipswich . . . . . .27 Portrait of John Winthrop, Jr. . . . 29 Deed of Haverhill . . . . '. .31 Deed of Indian Field, in Newbury . . 43 Deed of Marblehead . . . . .51 Seals on Deed of Marblehead • ¦ • 55 Attestation of the Witnesses to Deed of Mar blehead . . . . . . . 57 Release of Joseph Quanophkownatt on Deed of Marblehead ...... 59 Acknowledgment of Deed of Marblehead . 61 Deed of Salem ...... 77 Seals on Deed of Salem . . . . •83 Attestation of the Witnesses to, and Acknow ledgment of. Deed of Salem . . -85 Residence of Thomas Perley, in Boxford , 107 nr INTRODUCTION HOUGH this volume bears a title which in- ¦ dicates a legal character, the treatment of the -¦- subject is mainly historical. There is not much that can be said upon its legal aspect that is new, but the moral right to take by force the lands of the aborigines is still an open question. Neither is it a book of the Indians except as it relates to land titles. Most of the original Indian deeds are lost or de stroyed, the records of the transactions are passing away, and the names of localities and waters are being forgotten. Duty demands the preservation of these memorials in order that at some future time the history of our red men may be written as truly and fully as possible. SIDNEY PERLEY. Salem, April 26, 191 z. INDIAN LAND TITLES TRIBAL TERRITORIES The Algonquin race of the North American Indians were different from the other aborigines in that they were less warlike and less nomadic. Being to a con siderable degree an agricultural people, they remained within certain localities to which the periodical cultiva tion of the soil confined them. This is especially true of the Indians of Essex County. Here, there were sev eral tribes, each possessing certain acknowledged ter ritory. The region north of Merrimack River belonged to the Pentucket tribe of the Pennacook Indians. The remainder of the present county of Essex was divided by a line beginning at a point, on Merrimack River, which is the boundary between the present towns of North Andover and Bradford (now a part of the city of Haverhill), and thence running southerly by the eastern boundary line of North Andover to the Middle- ton town line, thence southerly to Danvers River, as marked on the map, and thence by the river to Salem Bay. The territory lying easterly of this line was oc cupied by the Agawam tribe, which is said to have been subject to the Pennacooks or in alliance with them. Westerly of this line was the land of the Naumkeag Indians, who constituted a part of the great Massa chusetts tribe. MERRIMACK RIVER This river, which constituted a dividing line between tribes in this region, was called, by the Indians of the North, Merrimack, probably from merruh, "strong," [3 1 [4] and auke, "a. place," meaning a strong place, or a place of strong currents, which exist at its mouth.' The Massachusetts Indians called it Monomack, from mona, "an island," and auke, "a place," meaning the island place, or a place of islands.' In a deed of Man- ancuset alias Annamutaage and others to Captain John Evered alias Webb, of Dracut, August 19, 1665, it is called " Mynomack River."' The earliest mention of this river in records or books is the statement of the Sieur De Monts, who wrote from the St. Lawrence River, in 1 604, as follows : " The Indians tell us of a beautiful river, far to the south, which they call the Merrimack." The next year Sam uel de Champlain learned of it, by its location being mapped out for him by some Indians whom he met upon the beach near a point of land.' He named this attractive stream " Riviere du Gas." pentucket Pentucket was generally so spelled, though in a let ter to Governor John Winthrop, in 1640, Nathaniel Ward wrote it " Penticutt." ¦• The name means "at the crooked river." ' The northern limit of this tribe is unknown. Its chief was Passaconaway, and he had been its leader for many years before the English occupied the ' History of Haverhill, by George Wingate Chase, page 20. ' Old Norfolk Registry of Deeds, book z, leaf 74. 3 Foy ages of Samuel de Champlai?i, Boston, 18S0, volume i, page 5'- ? History of Andover, by Sarah Loring Bailey, page 4. 5 Dr. R. A. Douglas-Lithgow, in his Dictionary of American Indian Place and Proper Names in New England. [5] land of Pentucket. According to Rev. William Hub bard of Ipswich, author of a history of New England, this sagamore was " the most noted powwow and sor cerer of all the country." The name of Augamtoocooke was applied to the region now occupied by Dracut,' which is without Essex County, but probably included within the jurisdiction of Passaconaway. John G. Whittier stated that the ancient name of Great Pond, in what is now Haverhill, was Kenoza, evidently an Indian appellation, and that he wrote his poem bearing that title that the old name might be resumed. Dr. Douglas-Lithgow states that the name is Indian and means " pickerel."'' The large pond in Amesbury, known early as Great Pond, and for a long time subsequently as Kimball's Pond, is now called Lake Attitash, which is said to have been its ancient Indian name. Dr. Douglas- Lithgow says that the word means " huckleberry." ^ Easterly of Lake Attitash is a great swamp known, as early as 1662, as Indian Swamp.' Between this swamp and Merrimack River is an extensive tract of upland called in the early settlement Indian field or ground.* Why the name of Indian became associated with this swamp and upland is unknown. ' Deed of Manancuset alias Annamutaage and others to Captain John Evered alias Webb, August 19, 1665. — Old Norfolk Reg istry of Deeds, book z, leaf 74. 2 Dictionary of American Indian Place and Proper Names in New England. 3 Deed of William Huntington to William Osgood, 24 : i : i66z. — Old Norfolk Registry of Deeds, book i, leaf 146. 4 Deed of William Sargent, Sr., to William Sargent, Jr., March 4, 1670-71. — Old Norfolk Registry of Deeds, book z, leaf zoi. [6] Powwow River was almost universally called Paw- waus River in the early decades of the English set tlement. If Passaconaway was indeed the greatest powwow of his time, probably many of the ancient meetings were held upon its banks, and from that fact the stream derived its name. agawam The name of Agawam was spelled in several ways in early times. Captain John Smith, in 1631, called it " Augoan," ' and William Wood, in 1634, spelled it " Igowam." ' The difference arose from the sound given it by the aborigines. " Agawam " was the gen eral form, however, and this spelling was probably adopted after the settlers had become accustomed to the pronunciation given it by the natives. Various meanings are given to the word, as " A fishing sta tion," " Fish-curing place," and " Ground overflowed by water." ' The northern boundary of Agawam was undoubt edly Merrimack River. Naumkeag bounded it on the west, and on the other sides it was limited by the ocean. The first and only chief of Agawam known to the English settlers was Masconomet. He died before June 18, 1658, and was buried on Sagamore Hill, which is now within the bounds of Hamilton. He was always well disposed toward the white men, ' Advertisements for the Unexperienced Planters of New England, etc., by Captain John Smith, 1 631. » New England's Prospect, by William Wood, 1634. 3 Dictionary of American Indian Place and Proper Names in New England, by Dr. R. A. Douglas-Lithgow. [7] The Indians had given names to the coast in many places in Agawam. Wessacucon was practically the territory of old Newbury. To the Parker River they gave the name of Quascacunquen. William Wood, on his map of New England, made in 1634, called it Quascunquen. The section of Agawam which was more particularly so called was the present town of Ipswich. Chebacco' was the name given to the locality which is now the town of Essex ; and Cape Ann gen erally was known as Wingaersheek." Annisquam was earliest called Wonasquam, and later by the root word, Squam. It was called Wonasquam on the map of New England, made by William Wood, in 1634, and that was the name given to it on several occasions dur ing the next century. The meaning of the name is the same, however, being "At the top or point of the rock."' The name of Annisquam is applied to the river or inlet of the sea at that place as well as the locality on shore. naumkeag Naumkeag was a part of the extensive region more generally known as Massachusetts, which means "At or about the great hill," says J. H. Trumbull. Roger Williams said that it " was so called from the Blue hills." That part ofMassachusetts of the Indians lying within what are now the limits of Essex County was ' Chebacco is spelled " Jebacho " in deed of John Burnum, Sr., of Ipswich, to Jonathan Cogswell, of Ipswich, June z8, 1703, show- mg that the first syllable had the sound of ;V. — Essex Registry of Deeds, book 15, leaf 19Z. ^ History of Gloucester, by John J. Babson, page 45. 3 Dr. R. A. Douglas-Lithgow, in his Dictionary of American Indian Place and Proper Names in New England. [8 J called Naumkeag, which means " Fishing place," from namaas, fish, ki, place, and age, at.' The territory of Naumkeag is defined by several depositions relating thereto, recorded in the Registry of Deeds at Salem, June 19, 1696.' The following is an exact copy of this record : — euidences relating to naumkeege James Rumney Marsh aged about fifty yeares y' Son of Jn" Indian Testifieth that on his Certaine knowledge that y* riuer that runns vp between y« Townes of Salem & Beuerly Called Bafs riuer hath allwaies within his remembrance for about forty iiue yeares past been knowne & Caled by y* name of Naomkeage riuer & that y^ riuer which lyeth be tween y' Towns of Salem & Marblehead now Caled fForrest Riuer : was formerly Caled by y^ name of Mafhabequa James Rumnymash perfonaly appeared tendring his Oath to y= Truth of y= aboue written whom upon Examination I found well to understand y^ Nature of an Oath & accord ingly I admitted him : who made Oath to y= Truth of y« aboue written this 7. 7 ^i 1686. before me Barth" Gedney one of his Maj''« Council! for his Territory & dominion of New England. Sufannah Potoghoontaquah daughter of Sagamore George afirmed y= truth of y"= aboue written Euidence of James Rumney Marsh this 7"" September. 86. The 17*'' of September 1686. Thomas Queakufsen alias Cap* Tom Indian now liuing at wamefit neare Patucket Falls aged about Seuenty fiue yeares Testifieth & Saith that many yeares Since when he was a youth he liued with his father Deceafed named Po- ¦ Handbook of American Indians, Washington, 1907, volume 11, page 40. " Essex Registry of Deeds, book 11, leaves 131 and 132. [9] quanum who Sometime liued at Sawgust now Called Linn he married a Second wife & liued at Nahant and himfelfe in after times liued about Miftick & that he well knew all thofe parts about Salem Marblehead & Linn & that Salem & y= riuer running vp between that Neck of land & Bafs Riuer was Caled Naamkeke & y" Riuer between Salem & Marblehead was Caled Mafhabequash alfo he Sais he well knew Sagamore George w*^ no Nofe who married y^ De ponents Owne Sister Named Joane who died about a yeare Since & Sagamore George No Nofe left Two daughters Named Sicilye & Sarah & Two grand Children by his Son Nonnumpanumhow y' one Caled David & y= other wut- tannoh & I My Selfe am One of thier kindred as before & James Rumnimafhs mother is one of Sagamore George his kindred & I know Two squawes more liuing now about pen- nekooke one Named Pahpochkfitt & y^ others name I know not & I know y* Grandmother of Thefe 2 Squawes Named Wenuhuf She was a principle proprietor of thofe lands about Naamkege & Salem all thefe perfons aboue named are Con cerned in y« Antient propriety to y' lands aboue mentioned the marke of Thomas -^y Queakussen alias Cap' Tom : Thomas Queakufsen alias Cap' Tom : psonaly appeared before me at Cambridge The Day & yeare aboue written & being an Indian of good repute & profefsing y« Christian Religion & being Examined Knew y« nature of an Oath did depofe vnto y« Truth of what is aboue written y" 1 7"" of 7 ^" 1686. before rne Daniel Gookin Sen' appointed & author- ifed by y' prefident & deputy prefident of his Maf^ Territory in New England to be y= Ruler among y« Christian Indians Thomas Queakvfsen alias Cap' Tom affirmed y" Truth of his aboue written Euidence on y« former Oath before me Bartho. Gedney one ofy' Councill [ lo] The Testimony of old Mahanton aged about ninety yeares Saith that y* Land that is Testified about by Seuerall ancient Indians that are Deceafed which did belong to Sagamore George as is Exprefsed in y« Euidence is y^ Truth & pro perly doth now belong to Dauid that is old Sagamore George his Grandchild & Scicily & Sarah y' daughters of Sagamore George & y<= wife of John Owufsumug now a widow Peter Ephraims wife & y^ wife of Appooquahamock thier daughter & old Mahanton & James Rumney Marsh by right of his mother a neer kinsman of Sagamore George in his life time & This he y« Said Nahanton doth offer to Testify vpon Oath Taken vpon Oath the Seauenth Day of October by old Mahanton before me at Cambridge as attes' : Daniel Gookin Sen' J : of peace & Ruler of y= Indians Dated y^ Seuenth Day of October 1686. The Testimony of Daniel Tookuwompbait & Thomas Wauban Saith that Sagamore George when he came from Bar bados he liued Sometime and dyed at y^ houfe of James Rum- ley Marsh y" Said Daniel heard y^ Said Sagamore George Speake it & y' Said Thomas Saith he heard his father Old Wa- bun Speak it that all that land that belonged to him that is from y^ Riuer of Salem alias Nahumkeke riuer: vp to Maiden mill brooke running from a pond Called Spott pond that before his death he left all this land belonging to him vnto his kinsman James Rumley Marsh vpon y« Condition that he would looke after it to procure it This they offer to Testify vpon Oath y= 2"^ day of October 1686. as Witnis thier hands Daniel Tookuwompbait Thomas Wauban The Two persons aboue named viz Daniel Tookuwompbait pastor of y« Church at Natick aged about 36 yeares & Thomas Waban a member of y' Church aged 25 yeares being Examined touching y« Nature of an Oath they both made Oath before me this Second of October 1686 vnto y' Truth of the [II ] aboues'J Testimony as is Attested p me Daniel Gookin Juf- tice of peace & Ruler of y« Christian Indians John Waabaquin alias John Magus of Natick aged about fiuety fiue yeares doe Testifie that I haue not only heard my aged father lately Deceafed yt almost a hundred yeares of Age when he dyed Say But I know my Selfe that thofe lands where Salem Stands & parts adjacent was y' rightfull pofsefsion & Inheritance of Sagamore George no nofe Called winnepur- kin & his father & ancestors : & doth now belong to his Children & grand Children viz Sicily & Sarah his Two daugh ters & Dauid his Grandson by his father Deced Ma-na-tach- que and Dauid had another Brother but I haue not Seen him lately And thier other kindred are Thomas Quehufson & James Rumny marsh alias Munminquash and alfoe I haue under stood that Naamkeke Riuer is y= riuer that runns vp on y" North East of Salem Towne w"^"^ is now as I understood named Bafs riuer Taken upon Oath before me by John Magus who is a Christian Indian & a Ruler of them at Natick & well un derstand the Nature of An Oath : Taken y*^ Seuenth Day of October 1686. before me Daniel Gookin J: of peace & Ruler of y' Indians p order The Testimony of John Devoreux of Marblehead aged about Eighty years Testifieth & Saith yt about y' yeare of Our Lord One thoufand Six hundred & Thirty I came ouer from old England to New England & y" place of my abode and refidence has been at Salem & Marblehead Euer Since & when I came hither here was an old Sqwah Called old Sqwaw Sachem y^ Sqwaw of y* Deced Sachem which had three reputed Sons viz John James & George whoe were y« Reputed Sachems & Owners of all y« Lands in thefe parts as Salem Marblehead Linn &as farr as Miftick & in thofe dayes y" Land where Salem Towne now Stands & y' Lands adja cent was Called Nahumkege by y' Indians & English Then [ I^] Inhabiting in thefe parts : Sworne marblehead December y' 24. 1694. before vs. John Hathorne Just. P'^isf Coram Benjamin Browne John Higginson J -^ " To y' best of my Remembrance when I came Ouer with my father to this place in y« yeare 1629 being then about 13 yeares old there was in these parts a widow woman Called Sqwaw Sachem who had 3 Sons Sagamore John kept at Mif tick Sagomore James at Saugust & Sagamore George here at Naumkeke Whether he was Actual Sachem here I Cannot Say for he was young then about my Age & I thinke there was An Elder man y' was at least his Guardian but y^ Indian Towne of Wigwams was on y^ North Side of y^ North riuer not farre from Simondes's & y° both y= north & South Side of that Riuer was together Called Naumkeke So that I remem ber Seuerall that wrote ouer Then to Their friends in England gd yt ye Indian name of y'' place where they were building a Towne Called Salem was Naumkeke : John Higginson Att A Generall Sesfions of y^ peace holden at Salem De cember y' 25"" 1694 : m'John Higginson Pastor of y^ Church at Salem made Oath to y' Truth of y^ aboue written Euidence to which [h]is name is Subfcribed Jurat in Court attest Steph. Sew all Clere Nanepashemet, the chief of the great Massachu setts tribe, was killed In 161 9, and therefore was un known personally to the English settlers. He lived at what Is now Medford. His widow married Web- cowit, assumed the command of the tribe, and was known as Squaw Sachem. He left five children, one of whom, Sagamore James, became a sachem at Sau- [ 13 ] gus, and another at Winnesimet,' now the city of Chelsea. The principal settlement of the Naumkeag Indians was apparently within the limits of the city of Salem. The bay and streams offered special inducements for the home of such a race. The grant made to Gov ernor John Endecott was called by the Indians Wah- quainesehcok," and the point of land granted to Rev. Samuel Skelton, Wahquack.' The river on the north eastern side of Wahquack was called Pouomeneuh- cant and is now known as Porter's River. The river between the grants was called Conamabsquenooncant; and that to the south of the Endecott grant was called Soewamapenessett. The river now known as Danvers River, leading from Danversport to North River and Beverly Harbor, was called Orkhussunt.* Forest River was called Massabequash.s Naugus Head, In Marble head, Is undoubtedly the ancient Indian name for that headland, as It Is called very early "Nogg's head," which Is a phonetic form of writing " Naugus Head." Suntaug Lake, In Peabody and Lynn, Is supposed to have been so called by the aborigines. Squamscott, now the town of Swampscott, is a name signifying " broken ' Handbook of American Indians, Washington, 1907, volume 11, page Z07. ^ Records of the Massachusetts Bay Colony, Boston, 1853, volume i, page 97. This grant was made July 3, 163Z. 3 Records of the Massachusetts Bay Colony, Boston, 1853, volume i, page 97. This grant was made the same day as the Endecott grant. * Records of the Massachusetts Bay Colony, Boston, 1853, volume i, page 97. 5 Deposition of James Rumney Marsh, aged about fifty, son of John, an Indian, September 7, 1686. — Essex Registry of Deeds, book 1 1 , leaf 131. [ H] waters." ' Nahant is a short form of the word Nahan- teau, signifying twins,* or two united.' Dr. R. A. Douglas-Lithgow says the word means "At the point," or twin Islands.'' In a deed of John Gorges to Sir William Brereton, of Handforth, Chester County, England, baronet, January 20, 1628-29, preserved in the Massachusetts archives, it is called Cape Nahannte.' Lynn and Saugus constituted the ancient Saugus, a word which means the outlet or wet or over flowed grass land.' Hewitt says It means a small out let. Alonzo Lewis stated that It signified " great," or "extended."* The English settlers first called it by Its Indian name; and the words of the Incorporation of the town. In 1637, are "Saugust is called Lin."' Saugus River was called Abousett River.* The terri tory of Topsfield, on Ipswich River, was known as Shenewemedy.* The original town of Andover was called Cochickawick, a word which means " the place of the great cascade." ' This locality was probably so called because of the falls at Lawrence. This Is the usual way of spelling the name. Rev. Nathaniel Ward ' Dr. R. A. Douglas-Lithgow, in his Dictionary of American Indian Place and Proper Names in New England, " Gazetteer of Massachusetts, by Rev. Elias Nason, page 35Z. 3 History of Lynn, by Alonzo Lewis, page 58. ¦• Dictionary of American Indian Place and Proper Names in New England. s History of Lynn, by Alonzo Lewis, page 3 1 . * History of Lynn, by Alonzo Lewis, page 57. 7 Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page z 1 1 . * Gazetteer of Massachusetts, by Rev. Elias Nason, page 504. 9 New Hampshire Historical Society's Collections, volume 8, page 451. [^5] wrote It Quichechacke and Quichlchwich.' Rev. John Woodbrldge spelled It Quichlchwich in a letter to Governor John Winthrop in 1640-41.' The name was also called Queacheck and Quyacheck. The stream running through Cochickawick was called Shawshin River, which is said to mean smooth, or glossy.' The name is also spelled Shashene, Shashin, Shashlne, Shawsheen and Shawshene ; but Shawshin appears to be the early and most general of the various spellings. It is so called by Captain Edward Johnson, in his Wonder Working Providence of Zions Saviour in New England, about 1648, and In deed of Job Clements, of Dover, and wife Lydia to Joseph Jewett, of Row ley, May 19, 1657-58.'' In the deed of Samuel Blanch- ard, of Charlestown, to John Asslebee, of Andover, April 7, 1662, this river is called Quechlg.' The designations given by the Indians to the vari ous localities and streams and ponds were descriptive of the places or waters to which they were applied. ' History of Andover, by Miss Sarah Loring Bailey, page z. » History of Andover, by Miss Sarah Loring Bailey, page 5. 3 Dictionary of American Indian Place and Proper Names in New England, by Dr. R. A. Douglas-Lithgow. 4 Old Norfolk Registry of Deeds, book i, leaf 7Z. s Essex Registry of Deeds, book 15, leaf IZ9. RIGHT TO THE SOIL The title which the Indians had to the soil has been much debated. Though the courts decided many years ago that the Indians had no title, it Is doubtful if the justices understood the substantive facts. The Algonquin race were not like most others. They were not nomadic, and held possession of the territory generation after generation, replanting their fields as regularly as spring returned. They cultivated and possessed the soil in a manner similar to the English settlers of Salem and Beverly, who years later claimed that they themselves had title to the land through Its possession and cultivation. The various tribes had boundaries to their tribal territory as definite as their occasions demanded, and fully as certain and exact as those of the earlier of the English settlers. The argument may have been that, as adverse pos session for a long time gives rise to the presumption that there was originally a grant, such a presumption would not apply to the case of the Indians, as there was no person or authority who could have made such a grant. This argument proceeds still further, upon the Idea that all titles to be effective must be transferred according to English rules or custom. The courts held that these natives had only a right of occupancy and enjoyment. Just how they Inter preted this right Is uncertain. Roger Williams claimed that the land was the pro perty of the Indians, and that title thereto could be acquired only from them, and not by virtue of the [ i6] [ 17] King's grant. This was one of his Ideas which made him unpopular at Salem and led to his banishment. Winthrop had written before he left England even that "That wh"* lies comon & hath never beene replenished or subdued, is free to any that possesse & Improve it. . . As for the Natives In New Eng land, they Inclose noe Land, neither have any setled habytatlon, nor any tame Cattle to Improve the Land by, & soe have noe other but a Naturall Right to those Countries. Soe as if we leave them sufficient for their use, wee may lawfully take the rest, there being more than enough for them & us." ' ' Life and Letters of John Winthrop, Boston, 1869, volume i, pages 311 and 312. FORCE AND EFFECT OF INDIAN DEEDS The subject of ostensible transfer of title to the land here by the Indians has caused considerable thought and discussion. The greatest force given by the courts to Indian deeds was in treating them as releases or estoppels, — as relinquishing and not conveying an interest in the soil. This conclusion of the courts was affected by the statute of 1701,' which made all such deeds have the force of estoppel only, unless with the leave of the general court. Without the passage of this statute, it is problematical what the position of the court would have been. In justice to both Indians and English it should be stated that, on the part of the public here, probably no attempt was ever made to purchase the lands of the Indians. At the very first the authorities discouraged such a movement, saying. In the first general letter of the governor and deputy of the NewEngland Company to the governor and council for London's plantation In the Massachusetts Bay In New England, dated at Gravesend, April 17, 1629, that if any of the savages pretend right of inheritance to the lands the represent atives of the company should endeavor to purchase their titles " that wee may avoyde the least scruple of Intrusion " ; ' and this was repeated in the second ' Acts of 1 3 William III, chapter n ; Province Laws (Massachu setts), volume I, page 471 ; Noah Clark versus William Williams et al., 19 Pickering, 499 (1837); Amos Brown et ali. versus Inhabitants of Wenham, 10 Metcalf, 495 (1845). » Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 394. [ 18 ] [ 19 ] general letter of the company, dated at London, May 28, 1629.' March 4, 1633-34, at a court held at Boston, it was "ordered, that noe pson whatsoeuer shall buy any land of any Indian without leave from Court."' These laws were passed for the protection of the Indians, by securing them from deceit and Imposition, and to enable the government to avail Itself of the full benefit of the grant from the crown to themselves and their grantees, by giving them the exclusive priv ilege of extinguishing or acquiring the Indians' right of occupancy. It was not a title to be acquired by grant in lands In which the Indians' right had once been extinguished that the English were prohibited from purchasing. If a township had been granted and settled, and the aboriginal right extinguished, it was not the intent of the general court to prevent an Indian acquiring and transmitting title like any settler.' The policy of the colonial government always was to treat the Indians fairly. It was discussed by the general court, and, finally, October 19, 1652, It was ordered, that, being " willing that there may be a free passage of justice for their right amongst us," as well as for the English, and affirmed that what lands the natives have by possession or Improvement, by sub duing the same, they have just right unto ; that if they ' Records of the Massachusetts Bay Colony, Boston, 1 853, volume I, page 400. » Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 112. 1 Noah Clark versus William Williams et aL, 19 Pickering, 499 0837). [20] come and dwell with the English and live civilly and orderly, they shall have allotment amongst the English, according to the custom of the English ; and If there be enough for a township of themselves, upon their re quest to the general court, they shall have grants of land undisposed of for a plantation as the English have.' June 26, 1701, an act was passed by the Province of Massachusetts Bay, expressly making all deeds given by Indians, without leave of the general court, after the passage of the order of 1623-34-, inoperative, except as estoppels against the releasors.' This act is as follows : — Whereas the government of the late colonys of the Mas sachusetts Bay and New Plymouth, to the intent the native Indians might not be injured or defeated of their just rights and possessions, or be imposed on and abused in selling and disposing of their lands, and thereby deprive themselves of such places as were suitable for their settlement and improve ment, did, by an act and law passed in the said colonys respectively many years since, inhibit and forbid all persons purchasing any lands of the Indians without the licence and approbation of the general court, notwithstanding which, sundry persons for private lucre have presumed to make pur chases of lands from the Indians, not having any licence or approbation as aforesaid for the same, to the injury of the natives, and great disquiet and disturbance of many of the inhabitants of this province in the peaceable possession of their lands and inheritances lawfully acquired ; therefore, for the vacating of such illegal purchases, and preventing of the like for the future, — ' Records of the Massachusetts Bay Colony, Boston, 1853, volume IV, part I, page 102. ^ Acts of 1 3 William III, chapter 1 1 ; Province Laws (Massachu setts), volume I, page 471. [21 ] Be it enacted and declared by the Lieutenant-Governour, Council and Representatives in General Court assembled, and by the authority of the same, that all deeds of bargain, sale, lease, release or quit-claim, titles and conveyances what soever, of any lands, tenements or hereditaments within this province, as well for term of years as forever, had, made, gotten, procured or obtained from any Indian or Indians by any person or persons whatsoever, at any time or times since the year of our Lord one thousand six hundred thirty-three, without the licence or approbation of the respective general courts of the said late colonys in which such lands, tenements or hereditaments lay, and all deeds of bargain and sale, titles and conveyances whatsoever, of any lands, tenements or hereditaments within this province, that since the establish ment of the present government have been or shall hereafter be had, made, gotten, obtained or procured from any Indian or Indians, by any person or persons whomsoever, without the licence, approbation and allowance of the great and gen eral court or assembly of this province for the same, shall be deemed and adjudged in the law to be null, void and of none effect ; provided, nevertheless, that all such purchases, re leases and titles heretofore had or obtained from any Indian or Indians by any town or person whatsoever of any lands or hereditaments which such town or person also hold and enjoy, by virtue of any grant or title made or derived by or from the general court of either of the colonies aforesaid, and all releases, purchases, conveyances and titles which any town or person shall hereafter make, procure or obtain of any Indian or Indians for any lands, tenements or hereditaments granted, or that shall be granted by the general court to such town or person, before such purchase or title made or ob tained from any Indian or Indians, shall be, and hereby are excepted out of this act, and be held for good and valid in the law, anything herein contained notwithstanding; and that if any person or persons, or town in this province to the eastward of Piscataqua River, have heretofore purchased or [22] obtained any Indian deed or title for any lands, tenements or hereditaments in those parts, or if any person or persons have heretofore purchased or obtained any Indian deed or title for any lands, tenements or hereditaments in the Island of Cap- awock, alias Martha's Vineyard, or the dependencies thereof, now known by the name of Dukes County, or in the Island of Nantucket, for further confirmation of their other lawful titles and possessions, this act or any thing therein contained shall not extend or be construed to extend in any wise to va cate or make void such Indian deed or title, any thing herein contained to the contrary notwithstanding. If any person or persons whatsoever shall, after the publi cation of this act, presume to make any purchase or obtain any title from any Indian or Indians for any lands, tenements or hereditaments within this province, contrary to the true intent and meaning of this act, such person or persons so offending, and being thereof duly convicted in any of his majestie's courts of record within this province, shall be pun ished by fine and imprisonment, at the discretion of the court where the conviction shall be, not exceeding double the value of the land so purchased, nor exceeding six months' imprisonment. All leases of land that shall at any time hereafter be made by any Indian or Indians for any term or terms of years, shall be utterly void and of none effect, unless the same be made by and with licence first had and obtained from the court of general sessions of the peace in the county where such lands lye ; provided, nevertheless, that nothing in this act shall be taken, held or deemed in any wise to hinder, defeat or make void any bargain, sale or lease of land made by one Indian to another Indian or Indians. DEEDS ^-^'[ jc-t Deed from Masconomet to John Winthrop, Jr., of the territory constituting Mr. Winthrop's farm, in Ipswich. Reproduced same size as the original, which is in the pos session of the Essex Institute, at Salem. IPSWICH DEEDS John Winthrop, son of Governor John Winthrop, was born at Groton, county of Suffolk, England, February 12, 1605-06. He was educated at Trinity College, In Dublin, and studied law at the Inner Temple, in London. He soon abandoned the law, and, entering the naval service, served under the Duke of Buckingham in his unsuccessful expedition for the relief of the French Protestants at Rochelle. After a tour of the Continent he returned to London, in August, 1629, and found his father actively en gaged In the Interests of the Massachusetts Bay Com pany. He emigrated to New England two years later, and, with twelve other men, by permission of the general court, in March, 1632—33, began a plantation at what Is now Ipswich. The death of his wife and daughter. In the autumn of 1634, caused him to change his plans, and he soon afterward returned to England. He subsequently became the head of a colony which settled in Connecticut, but spent much of his time in Boston, and was living at Ipswich again in February, 1637, when he was chosen one of the prudential men in that plantation. A few months later, Mr. Winthrop secured from Masconomet, the sagamore of Agawam, a release of the land lying between Labor-In-vain and Chebacco creeks, which constituted Mr. Winthrop's farm. This release is unrecorded, and was in the possession of the Winthrop family until 1890, when Robert C. Winthrop, Jr., of Boston, deposited It with the Essex [^5] [26] Institute at Salem. This ancient deed Is herewith reproduced from the original document, which reads as follows : — This doth testify that I Malkonomett did give to m' John Winthrop all that ground that is betweene the creeke com- oly called Labour in vaine creeke, & the creeke called chy- backo Creeke, for w'^^ I doe acknowledge to have received full Satiffaction in wampampeage, & other things : and I doe heerby alfo for the fume of twenty pounds to be paid vnto me by the Said John winthrop, I doe fully refigne vp all my right of the whole towne of Ipfw* as farre as the bounds thereof shall goe all the woods meadowes, paftures & broken vp grounds vnto the faid John Winthrop in the name of the rest of the English there planted, and I doe bind my felfe to make it cleere from the claime of any other Indians whatsoever. witnefses. to this Gyles ffyrmin Maskanomet \^ his mark Adam Winthrop Hugh t— 4 Hilliard his marke Deane Winthrop Gyles Firman was a physician, and lived in Ipswich at that time, a young man of twenty-three. He re turned to his native England about 1654, and became eminent as a clergyman as well as physician. Adam Winthrop and Dean Winthrop were half-brothers of Mr. Winthrop, the grantee In this deed. Adam was then eighteen years of age, and Dean but fifteen. Hugh Hilliard was living In Salem as early as 1634, and probably removed to Ipswich before 1638. June 28, 1638, Mr. Winthrop secured from the chieftain Masconomet a further release of the territory Deed from Masconomet to John Winthrop, Jr., of the ter ritory of the original town of Ipswich, dated June 28, 1638. Reproduced nine-tenths of the size of the original, which is in the possession of the Essex Institute, at Salem. -y^".-:^if^^rpyyiirr^<- £ ,v I. 'S^'as^' 1, ,H. . 1 Af-^%1 l\^ r i' liif 't»iiiia'i»i#{i>^iijf [27] of Agawam. This deed Included all the land along the coast from Merrimack to Chebacco rivers, and the land at Chebacco ' which the releasor had reserved for his own use, but excepted Mr. Dummer's farm in what Is now the parish of Byfield. The consider ation paid by Mr, Winthrop was twenty pounds. Captain Wait Winthrop, son of the grantee of this deed, produced It at the general court. In Boston, February 15, 1682, and requested that It be recorded. This request was granted, and the deed was recorded in the Ipswich Registry of Deeds ' on the same day. It was also recorded in the Town Records of Ipswich, and in the Records of the town of Topsfield for 1701. The original deed was In the possession of the Winthrop family until 1890, when Robert C. Win throp, Jr., of Boston, deposited it In the Essex Insti tute at Salem, where It remains. The original docu ment is reproduced herewith. The following Is a copy of this deed : — I Mufcononimet Sagamore of Agawam, doe by theife p'fents acknoledge to haue Receiued of m' John Wintrop the Some of Twenty poundes, in full fatiffacon, of all the Right, property and Cleame, I haue or ought to haue, vnto all the land lying and being in the Bay of Agawam, alls Ipfwich being foe Called now by the English, as well alfuch land as I formerly referued vnto my owne vfe at Chibocco as alfoe all other land belonging vnto me in those parts m' Dum- me's farme excepted only. And I herby relinquish all the Rhight and Intereft I haue vnto all the Hauens Rivers Creekes Hands, huntings and fishings with all the woodes Swampes ' Chebacco was the Indian name of that part of Agawam which is now the town of Essex. * Ipswich Registry of Deeds, book 4, page 383. [ 28 ] Timber and whatfoeever ells, is or may be in or vpon the faid ground to me Belonging, and I doe hereby acknoledge to haue receiued full Satiffacon, from the faid Jn° Wintropp for all former agreements touching the p'mifes or any part of them. And I doe hereby bind my Selfe, to make good the forefaid bargaine and Saile vnto the Said John Wintrop his heires and allignes for euer, and to Secure him againft the tytle and Claime of all other Indians and natiues what foeuer. WittnefTe my hand this 28. of June 1638. WittnelTes herevnto Jn° Joylife Thomas Coytimor^ Muscononimet James Downinge /^ ROBART HaRDINGE \ f his marke The persons whose names appear as witnesses to this deed were connected with Boston, and apparently the deed was executed there. Thomas Coytlmore was a resident of Charlestown, and after his death his widow married Governor Winthrop, father of the grantee. In December, 1647. M^"- Coytlmore was probably about twenty-one or twenty-two years of age at the time of signing the deed. James Downing was son of Emanuel Downing, and nephew of Gov ernor Winthrop. He was at this time about fifteen years old, and may have lived In Ipswich. Captain Robert Harding was of Boston, being a prominent man, a supporter of the Hutchinsons' faith, and was disarmed therefor In 1637. Immediately after signing this deed as a witness he removed to Rhode Island. John Joyliffe was of Boston, and later one of the patriots who put Governor Andros In prison. Masconomet appeared before the general court, in Boston, March 13, 1638-39, and acknowledged Portrait of John Winthrop, Jr., from the painting now in the possession of Robert Dudley Winthrop of New York. [29] that Mr. Winthrop had paid him twenty pounds as the consideration for this deed, and also that he was fully satisfied." Subsequently, the matter of the payment by the town of Ipswich to Mr. Winthrop of the twenty pounds he had paid for this release was brought before the general court; and, November 5, 1639, it was " ordered, that Ipswich should satisfy M"^ Wln- thrope for the 20' paid the Indian for his right."' Apparently the money was not paid to Mr. Win throp, as, February 22, 1705, the town of Ipswich "voted, that Samuel Appleton, Esq., and our two Representatives treat with the Hon. Wait Winthrop, about Masconnomo's deed of Agawam, made to his father deceased. Governor of Connecticut." ^ John Winthrop established salt-works at Salem, in June, 1638, and spent much of his time there during the next two years. Later, he was active In building Iron- works at Bralntree. In January, 1645, he sold his farm at Ipswich, and soon afterward removed to what is now New London, Connecticut. He had been an assistant In the government of the Massachusetts Bay Colony for eighteen years, but declined further service, and thereafter devoted him self to the Connecticut colony, of which he was elected ' The record of this acknowledgement is as follows : — " Maschonomet, the sagamore of Agawam, acknowledged that hee had receiued 20' of M' John Winthrope, lunior, for all his land in Ipswich, for w<:l> hee acknowledged himselfe fully satisfied." — Records of the Massachusetts Bay Colony, Boston, 1853, volume i, page Z5Z. ' Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 279. 3 Ipswich Town Records. [3o] governor May 21, 1651. He continued to hold that office for seventeen years. He was In England some years later and was elected a member of the Royal Society, which was a tribute to his scientific accom plishments. He obtained from King Charles II a charter uniting the colonies of New Haven and Con necticut, being himself named in the charter as the first governor of the united colonies. He died April 5, 1676, while at Boston, attending a meeting of the commissioners of the united colonies, and was buried by the side of his father In what is now King's Chapel Churchyard. Deed from Passaquo and Saggahew to the inhabitants of Pentucket (Haverhill), of the territory of the original town of Haverhill, dated Nov. 15, 1642. Reproduced two-thirds of the size of the original, which is in the possession of the Haverhill Historical Society. nTT M.' THE DEED OF HAVERHILL Two years after the English settlement was made at what is now Haverhill, came the news of an im pending massacre by the Indians to exterminate the English in all the region. This was in September, 1642, and the time appointed for the accomplishment of this design was fixed at a time soon after harvest. An order was Issued by the governor and council to disarm Passaconaway, the Sagamore of the Pentuck- ets. In consequence of this proceeding, the Inhabit ants of Haverhill, or Pentucket, as the settlement was then called, secured from Passaquo and Saggahew, with the consent of Passaconaway, a deed of release of the territory of Haverhill, which was executed No vember r5th following. This ancient document was recorded In the old Norfolk Registry of Deeds' April 29, 1671, in the Town Records of Haverhill in 1.680, and In the Ipswich Registry of Deeds' April i, 1681. The following is a copy of this instrument transcribed from the original : — Knowe all men by thefe pi'fents that wee : PafTaquo : and Sagga Hew, w^^ the confent of PafTaconnaway : haue fold vnto the the Inhabitants of Pentuckett all the lands we haue in Pentucket ; that is Eyght myles in lenght from the little Riuer in Pentuckett weftward: Six miles in lenght fro the aforefaid Riuer northward : And Six miles in lenght fro the forefaid Riuer Eftward w"" the Ileland and the Riuer that ' Old Norfolk Registry of Deeds, book z, page Z09. 2 Ipswich Registry of Deeds, book 4, page 383. [31 ] [32] the Ileland ftand in as far in lenght as the land lyes by in formerly expreffed, that is, fourteene myles in lenght : And wee the faid Paffaquo & Saggahew w"" the confent of Paffa- connaway haue fold vnto the faid Inhabitants all the Right that wee or any of vs haue in the faid ground Ileland & Riuer : And Doe warrant it againft all or any other Indeans what- foeu vnto the faid Inhabitants of Pentuckett & to there heyres and aflignes for euer Dated the fifteenth Day of nouember Ann Dom 1642. witnes ou"^ hands & feales to this bargayne of fale the Day & yere aboue written in the p^fents of vs : wee the faid PafTaquo & Saggahew haue Receiued in hand for & in confideracon of the fame three pounds & ten shillings John Ward the marke of Robert Clements Tristram Coffyn Passaquo T~ [seal] r Heugh Sherratt William white The marke of The flgne of T r 1 Thomas ^^ Dauice Saggahew : ^v '- Of these Indians, nothing more is known. The first witness to this deed was Rev. John Ward, the first pastor of the church In Haverhill. He was at this time thirty-six years old ; and was so prominent In the town that it was called " Mr. Ward's plantation " In official records. He was son of Rev. Nathaniel Ward, a lawyer as well as divine, and compiler of the "Body of Liberties," the first code of laws established in New England, being adopted In 1641. Nathaniel Ward was also the author of the " Simple Cobler of Aggawam." This colony received its name of Haverhill from Mr. Ward's birthplace In England. Robert Clements, the second witness, was one of the earliest settlers. He I 33 ] came from England, lived In Salisbury awhile, and then moved up the river and became one of this colony. He was about fifty-two years old when he witnessed this deed. He was a man of ability and in tegrity, and held numerous public positions. Tristram Coffin, the next witness, came from the parish of Brix- ham. In Plymouth, England, and was, at this time, about thirty-three years of age. He came from Salisbury with Robert Clements. Hugh Sherratt came to this planta tion with Mr. Ward, and was about fifty-three years old at the time of signing the deed. William White was one of the pioneers of the settlement, having gone across the river from Newbury, and at the time of signing the deed was thirty-two years old. He was one of the staunch citizens of the plantation. Thomas Davis, the last witness, was a sawyer by occupation, and came from Marlborough, in England. He was probably the youngest of the witnesses, being about thirty years old. In 1680, when this deed was copied into the Town Records, the following testimony, taken by Nathaniel Saltonstall, Esq., of Haverhill, was recorded with it: — The Rev'' Teacher of y« Church & Towne of Haverhill M' Jn° Ward ; & w™ White, & Tho. Davis do testifie that Haverhill Towneship or lands then by y*^ Indians called Pen tucket, was purchased of y' Indians as is mentioned in y= deed in this paper contained, w<= is entered upon record. And y* wee were then Inhabitants at Haverhill & present w*"" y^ Indians Passaquoi, & Saggaihew (who were then the apparent owners of y" land ; & so accounted) did signe and confirme y' same ; And that then wee, (with others now dead) did signe our names to y« deed. Which land Wee have ever sinse en- [34 ] joyed peaceably without any Indian molestation from y* Grantors or their heirs. Taken upon oath February y« 4''' 1680 before Nath : Saltonstall Assist ; ' The original document was In the possession of William White, one of the witnesses to the deed, and his descendants until about 1 860, when It was delivered into the custody of the town by E. A. Porter, admin istrator of the estate of the late Charles White, Esq. It is now In the possession of the Haverhill Historical Society, and is reproduced herewith. ' Below the record of the deed in the Town Records of Haverhill the following affidavit is written: — " Leiv' Browne & Leiv' Ladd: both affirme upon oath that what is entered in y' Records for Haverhill, as y* deed of purchase from the Indians of Haverhill Towne-ship or lands, of which y" deed above written is a true coppy, was — is a true coppy, extract or tran script of the originall deed given by y* Indians. " Taken upon oath, February y= 4''' 1680. Before me, "Nath: Saltonstall Assist." THE CONVEYANCE OF ANDOVER The town of Andover originally included the pre sent towns of Andover and North Andover and that part of the city of Lawrence which lies southerly of Merrimack River. This territory was called by the Indians Cochickawick, and was a part of the territory of Naumkeag, which was included within the domain of the redmen ruled by the Massachusetts tribe. The sagamore of the Massachusetts when Andover was settled was Cutshamache, otherwise called Cuts- make or Cutshamakin, who lived near Dorchester, and was a kinsman of Passaconaway, the chieftain beyond the Merrimack. In 1636, Cutshamache was allowed by the general court sufficient gunpowder for nine or ten shots that he might kill some fowls for himself.* In 1642, he desired the colonial authorities to give him a coat, and the matter was referred to the treasurer of the colony. Captain Edward Gibbens.^ March 7, 1 643- 44, he was one of the Indians who voluntarily placed themselves under the authority of the Massachusetts Bay Colony government.' ' Records of the Massachusetts Bay Colony, Boston, 1853, volume I, page 181. ^ Records of the Massachusetts Bay Colony, Boston, 1853, volume n, page Z7. 3 Records of the Massachusetts Bay Colony, Boston, 1853, volume II, pages 55 and 56. The submission which the several Indians signed is as follows : — " Wee haue & by these presents do voluntarily, & w'''out any constraint or pswasion, but, of o' owne free motion, put o^selues, o' subiects, lands, & estates under the government & jurisdiction of the [35] [36] The settlement at Cochickawick, which became the town of Andover, was begun in 1641 ; and a church was formed there October 24, 1645, when Rev. John Woodbrldge of Newbury was installed as pastor. Mr. Woodbrldge was born at Stanton, Highworth, Wilt shire, England, about 16 13, his father being the min ister of that parish. He came to Newbury with his uncle. Rev. Thomas Parker, and the colony constitut ing that settlement In 1635. He entered Harvard College, and was the first graduate. He was master Massachusets, to bee governed & ptected by them, according to their iust lawes & orders, so farr as wee shalbee made capable of un derstanding; & wee do pmise for o'selues, & all o' subiects, & all o' posterity, to bee true & faithful! to the said government, & ayding to the maintenance thereof, to o' best ability, & fro™ time to time to give speedy notice of any conspiracy, attempt, or evill intension of any which wee shall know or heare of against the same ; & wee do pmise to bee willing fro™ time to time to bee instructed in the knowledg & worship of God. In witnes whereof wee have hereunto put o' hands the 8* of the first m", @ 1 643-1 644. " Cutshamache, Nashowanon, WoSSAMEGON, Maskanomett, Squa Sachim." Before this submission was allowed to be accepted by them, the Indians were examined as to their religious belief and moral attitude. This examination was as follows: — " F. To worship y" onely true God, vi^'' made heaven & earth, & not to blaspheme him. "An: We do desire to rev'ence y'= God of y' English, & to speake well of him, because wee see hee doth better to y' English than oth"' gods do to others. " z. Not to swear falcely. An: They say they know not w* swer- ing is among y™. "3. Not to do any unnecessary worke on y« Saboth day, especially [37l of the Boston Latin School; married Mercy, daughter of Governor Thomas Dudley; and returned to New bury, where he was a justice of the peace and deputy to the general court. He was a scholarly, but practical, man, patient and of an excellent spirit. He was the first minister ordained In Essex County, and the second In NewEngland, the service occurring Septem ber 1 6, 1644. He was the leading person in the An dover settlement from his installation in 1645, and, in behalf of the town, he purchased of the sagamore Cutshamache all the right and interest of the chief in v/^'m y« gates of Christian townes. An : It is easy to y™ ; they have not to do on any day, & they can well take their ease on y' day. "4 To hono"^ their parents & all their supio's. " An : It is their custome to do so, for the inferior's to hono' their supio's. " 5. To kill no man wt^out iust cause & iust authority. " An: This is good, & they desire to do so. " 6. To comit no unclean last, or fornication, adultery, incest, rape, sodomy, buggery, or beastiality. An : Though sometime some of y™ do it, yet they count that naught, & do not alow it. "7. Not to steale. An : They say to y' as to y* 6*'' quere. " To suffer their children to learn to reade Gods word, y' they may learn to know God aright, & worship him in his owne way. " They say, as oportunity will serve, & English live among y™, they desire so to do. " That they should not bee idle." To these statements the Indians consented, acknowledging them to be good. The authorities were satisfied with the result of the ex amination and accepted their allegiance. The general court ordered the colonial treasurer to give each of the Indians a coat of red cloth, — two yards of material in each, and a potful of wine. The Indians presented the members of the court with twenty-six fathom of wampum. — Records of the Massachusetts Bay Colony, Boston, 1853, volume II, pages 55 and 56. [38 ] the territory which included the land six miles to the south of the English village, which was at the pre sent centre of North Andover village, easterly to the then Rowley, now Boxford line, and northward to the Merrimack River. No deed confirming this transfer was given, as far as known, and the transaction was oral and made in the presence of the general court, at Boston, May 6, 1646.' The consideration of six pounds was paid, It is said, by Mr. Woodbrldge and Edmund Faulkner. As part of the consideration there was also given to the sagamore a coat and a provision made that Roger, the Indian, and " his company " have liberty to take alewives in Cochickawick River for their own con sumption, but that the last privilege should cease If the Indians spoiled or stole any corn or other fruit belonging to the English inhabitants of any consider able value. Further, it was agreed that Roger should continue to enjoy the four acres of ground where he then planted. ' Rev. John Woodbrldge closed his pastoral relations with Andover in 1647, and went to England, where he became chaplain of the court of commissioners which tried, convicted and executed King Charles I, in 1649. Mr. Woodbrldge was subsequently settled in a parish in Andover, in Hampshire, England. He returned to America in 1663, and became assistant to his uncle. Rev. Mr. Parker, at Newbury. He died March 17, 1695, at the age of eighty-two. As a Harvard graduate. President Dunster called him the "most honorable of his class ' ' ; Cotton Mather named him : ' ' Leader of the Whole Company, A Star of the first magnitude" ; and Doctor Calamy said, " He was a great man every way, the lasting glory, as well as the First Fruits of that Academy." On that day, Cutshamache was allowed by the general court the privilege of buying two or three pounds of swan shot. — Records of the Massachusetts Bay Colony, Boston, 1853, volume 11, page 148. 139 1 The record of this release is as follows : — At a Genei^al Co^te, at Boston, the S"" 3''' m" 1646, Cutshamache, sagomore of y« Massachusets came into y' Co'te, & acknowledged y* for y' sume of 6' & a coate, w'^'' he had already received, hee had sould to M"' John Wood- bridge, in behalfe of y^ inhabitants of Cochichawick, now called Andiver, all his right, interest, & priviledge in y* land 6 miles southward fro™ y^ towne, two miles eastward to Rowley bounds, be y' same more or lesse, northward to Merrimack Ryver, pvided y' y= Indian called Roger & his company may have lib''ty to take alewifes in Cochichawick River, for their owne eating ; but if they eith'' spoyle or steale any corne or oth'' fruite, to any considerable value, of y= in- habitantes there, this lib'ty of taking fish shall forever cease ; & y^ said Roger is still to enioy foure acres of ground where now he plants. This purchase y^ Co''te alowes of, & have granted y^ said land to belong to y= said plantation for ev', to be ord''ed & disposed of by them, reserving liberty to y^ Co''te to lay two miles square of their southerly bounds to any towne or village y* hereafter may be erected there abouts, if so they see cause. Cutshamache acknowledged this before y= magistrates, & so y^ Co'te appveth thereof, & of the rest in this bill to be recorded, so as it piudice no former graunt.' The name of Roger is perpetuated in Roger's Brook, and in Roger's Rock^ until a generation ago, when the latter well-known landmark was re moved. At the period when this transaction occurred ale- wives swam In the streams here In large numbers, but ' Records of the Massachusetts Bay Colony, Boston, 1853, volume n, page 159. * Roger's Rock was near the present site of the South Congrega tional meeting house. [40 J were of the less desirable variety of fish, being sim ilar to herring. Whether the provision that the Indians should abstain from spoiling or stealing corn or other fruit to " any considerable value " Indicates that it was as sumed that the planting ground of the white man should be free to them on necessary occasions to a limited extent Is an open question. If it had been a concession to the Indians when they were In great need of food, the spoiling of the corn would not probably have been mentioned. Further, if this were true, the imperfect ears, or otherwise second quality of the corn or fruit, as in the case of the fish, would have been allowed to the Indians. It seems rather a recognition of the mischievous, careless, and thieving propensity of the red men. This is not to be charged against them too severely, however, for rights of pro perty, especially of natural products, was not a part of the curriculum of their early training. NEWBURY DEEDS The earliest deed given by the Indians of land In the town of Newbury was that of Great Tom, as he was called, under date of April 16, 1650. The prem ises conveyed consisted of thirty acres of planting land near Indian Hill. The consideration paid for the land was three pounds, and the conveyance was made to William Gerrish, Abraham Toppan, and An thony Somerby in behalf of the town. Major Ben: Perley Pbore, who lived at Indian Hill, possessed this ancient deed, and when at work on the history of the Poore family, took it to Washington, where he ex pected to complete his work. He died there soon after. In 1887. His family Instituted a search for his manu scripts and learned that the persons having custody of his effects had destroyed his papers, considering them of no particular value. The following transcript of this deed was taken from a contemporary copy made from the original by Anthony Somerby, one of the grantees and clerk of the town : — Witness by these presents that I, Great Tom, Indian, for and in consideration of, three pounds in hand paid by and received of the townsmen of Newbury, have given, granted, covenanted, and fully bargained, and for and by these pre sents do give, grant, convey confirme, bargain, and sell all that my thirty acres of planting land as it is fenced in one entire fence in Newbury, lying neere Indian hill, with all my right, title, and interest in all the woods, commons, and lands that I have in the township of Newbury to have and [41 ] [4^] to hold, all the said premises Respectively to bee to the proper use and behoof of the said inhabitants of the Said Towne of Newbury, their heirs, executors, administrators, and assignes for ever, and I, the said Great Tom, Indian, doe hereby engage and bind myself, mine heirs, executors, and assignes unto Mr. William Gerish, Abraham Toppan, and Anthony Somerby, being Townsmen in the behalf of Said Towne, to warrantize the said Bargained premises to the said Towne and for ever defend. In witness whereof I the said Great Tom, Indian, have sett my hand and scale April i6, 1650. Witness John bartlet, the mark X of Great Tom, Indian. William titcomb. Of these persons who received the title for the town. Captain William Gerrish came from Bristol, England, to Newbury about 1640, and at the time of this transaction with the Indians was about thirty- three years of age. A month afterward he was elected one of the deputies to the general court and was re elected in 1651, 1652, 1653, and 1673. Abraham Top- pan was a cooper by trade, and had come to Newbury In 1637. At the time that he appeared as a party to this deed, he was about forty-two years old, and was somewhat prominent In the affairs of the town. An thony Somerby was a schoolmaster and the town clerk at that time. He was about forty years of age, and had come from Little Bytham, Lincolnshire, England, in 1639. Of the witnesses to the deed, John Bartlet was of middle age, and lived in Newbury, holding some minor town offices. William Titcomb was about forty years of age at the time he witnessed the deed. He Deed from Job and Mary to Henry Sewall, of Indian field, in Newbury, dated May 14, 1681. Reproduced same size as the original, which is in the possession of the Ould Newbury Historical Society. ^' 'fes f^em .//eTtr^ 5^t^^ ^e^r^ ^i Jmlw- ,?i ^/2 *-^i,„-^ — *^*^ Si. Ktrzry^ c^;. ^Joi^b Ji:^\>€ Gi-Tj^n (f>ra.7iAii ?"r' r^^ ^141 '^'1.1 tryf 'tiLsl'^ ^^ r-w c ^ - ^-''' J^ t ^ '¦tidlS •ilfS' Vy, Release of Joseph Quanophkownatt of his interest in the territory of Marblehead, written on the reverse of the deed of Marblehead. Reproduced same size as the original. lS9] Annoq Regni Regis Caroli Secundi Angli* & tricefsimo Sexto the mark of James Quanophkownatt James [seal] Als James Rumny marsh the marke of Jone f Quanophkownatt [seal] [seal] the marke of WJ) [seal] Jone Ahawayetsquaine the mark of <^ [sealJ Susannah Wenepawweekin the mark of /\ [seal] Sarah Wanapawequen his mark ISRAELL \^ QVONAPAKANATT [sEAlJ[seal] Signed Sealed and Delivered by Jone Quanophkonatt James Quanophkownatt als James Rumney marsh Jone Aha wayetsquaine Susannah Wenepawweekin and Joseph Quan ophkownatt in the presence of us after y« Same was firft read : Henery Bartholmew Jun" George monck Eliezer Moody Serv' to John : Hayward Noty Public. Know all men by these presents that I Joseph Quan ophkonatt als Joseph English Grandson of the within men- [6o ] tioned old John : doe give grant and confirm unto the within mentioned Truftees and their heires for ever for y= ufe within mentioned all my right title Intereft claime property and demand of in and to the Townefhip of Marblehead within named: as Witnefs my hand and Seale the daye and yeare Within written the marke of [seal] O Joseph Quanophkonatt als Joseph English. This Instrument was acknowledged by Jone Quanoph kownatt James Quanophkownatt als James Rumney marfh Jone Ahawayetsquaine Susannah Wenepawweekin, and Jos eph Quanophkownatt to be their acts and deeds this Eight eenth day of July 1684 before S. Bradstreet Goun' There are four different kinds of seals, impressions in wax, attached to the deed, and they are shown here with. The interpretation of the designs is left to the individual reader. They were probably impressed by stamps In the possession of the scrivener and were not personal seals of any party to, or person con nected with the execution of, the instrument. This deed was probably executed before the gov ernor In Boston, as the committee charged for their time in Boston, and all the witnesses were residents of that town. Henry Bartholmew was son of Henry Bartholmew, a merchant of Salem, where Henry was born in 1657. At the time he witnessed this deed he was twenty-seven years of age. George Monck was a young man, about thirty years old, probably from Navestock, Essex, England, and a vintner at the Sign of the Blue Anchor. It was probably at his tavern i.-. y ¦^ ^ ^ 5 db \ V, ii.. ~ *- v . I y _ ~"' J- ^^; t ^ -*" " .] Acknowledgment of the deed of Marblehead, written on the reverse. Reproduced same size as the original. [6i J that the committee and Indians were entertained while in Boston. Eliezer Moody was a young man, and, as he states after his signature, a servant of John Hay- ward, the notary. Mr. Hayward was under middle age and a scrivener, and the beautiful penmanship displayed in this deed Is undoubtedly from his quill. Governor Simon Bradstreet, before whom the sev eral Indians appeared, was at this time over eighty years of age. He was one of the substantial and able supporters of the colony. He was a native of Hor- bling, Lincolnshire, England. His father, a non-con forming minister, died when Simon was fourteen, and the boy then spent a year In study at Emmanuel College. He subsequently resided as a steward in the family of the Earl of Lincoln, and later with the Countess of Warwick. His first wife was Anne, daughter of Governor Thomas Dudley, and noted as the first American poetess. She had died, and he was living in Salem with his second wife Anne, widow of Captain Joseph Gardner, and sister of Sir George Downing. He was the first secretary of the colony. He held that office thirteen years, and was an assist ant forty-eight years, deputy-governor five years and had been governor for five years. In 1661, with Mr. Norton, he was sent by the colony to England to congratulate Charles II on the restoration and to secure their charter privileges, in which purposes they were successful. He was puritanic in his religion, and persecuted the Quakers so severely that Bishop, In his "New England Judged by the Spirit of the Lord," called him "a man hardened In blood and a cruel persecutor." He was a just magistrate, judged by his times, possessing prudence, sound judgment, and [62] strict Integrity. Believing fully in his mission, he sought usefulness rather than popularity. Messrs. Ward and Devereaux made report of what had been dorle, and that the deed had been recorded, at a general meeting of the commoners and proprie tors, probably August 6, 1684. The committee pre sented the following bill of the cost and expense connected with the securing of the release : — August 6"^ 1684. The Comoners and proprietors of marblehead acre D'' by Soe much paied the Indeons for the purchase of the Township as apears by a deede under thear hands 14 13 00 by soe much expended at boston about the Indeons and for a ded of saell and other Charges 02 13 00 by soe much for a Jornie to Salem to boston waietting 4 dayies and 2 dales at horn 02 00 00 paied m' John Deverox for time and expenc at boston about the Indians 01 18 06 for Carieng the dede to Salem and expenc 00 00 00 paied m' gerish for Recording the Indeon deede 00 10 09 The whole sum was twenty-one pounds, fifteen shillings, and three pence. To raise this money, it was voted to assess it upon the commoners and proprie tors, according to each man's proportion of the privi lege in the township. It was reckoned and ascertained that the proportion was nine pence per cow and should be payable In money.' The committee appointed to • " Att a generall metting of the Comoners and proprietors of mablhed upon Report of Sam" Ward and m' John Deverix that ac- ording to the towns order thay have agred with the Indeons that laied Cldem to our township as will more partickularlie aper by a ded of saelle under ther hands and sealls " the town for the defraieng the Charg of the above mentioned 163-] ascertain the share were Samuel Cheever, Samuel Ward, Thomas Pitman, Nathaniel Walton, and the selectmen. premises have Impowred m' Samuell Chevers Samuell ward Thomas Pittman and Nathanill Walltown to Joyn as a Comittee with The Select men to proportion each mans part acording to his privellidg in saied township and thay proportioning by Cows leases fiend it to amount to nien pence p'' Cow in mony." — Marblehead Town Records. LYNN DEEDS The time of securing the deeds of the territory of Lynn from the Indians (1686) Indicates that the de mand of the crown for the return of the charters of the colonies was in the minds of the people. Though Governor Andros had no regard for the signature of an Indian, their deeds might embarrass him In the execution of his plans. The Inhabitants of Lynn were careful to secure all means that they could to sub stantiate their claim to the soil ; and therefore obtained a release from the Indians. This Is suggested by the answer made by Rev. John Higginson to Governor Andros, In March, 1689, when the latter asked him if New England was the king's territory. Mr. Hig ginson replied that It belonged to the colonists, be cause they held it by just occupation and purchase from the Indians. The first of these deeds is a release of the territory lying partly in Lynn and partly In Boston, as the country was then divided, and bounded westerly by the land of the late Captain Thomas Brattle, north erly by the hills next the Plough Plain, southerly by Saugus River, and easterly by land of John White and land in the tenure of Samuel Appleton. The deed was recorded October 9, 1686, In the Essex Registry of Deeds, book 7, leaf 88, and is as follows: — To all Christian People to whom this present deed of Sale Shall come James Rumney Marsh of Natick and Dauid Son & Right hier of Sagamore Sam : an Indian belonging to Wamefick in New England Send Greeting Know ye that [64] [65] y* Said James Rumney Marsh and Dauid Indians for a Val uable Confideco" to them in hand att & before y' Enfealing and deliuery of Thefe presents by Daniel Hutchin of Linn in New England aforesaid well & truly paid ye Receipt whereof they do hereby acknowledge and themselues there with fully Satisfied and Contented and thereof & of Euery part thereof do acquit Exonarate and difcharge y^ Said Daniel Hutchin Sen"^ his hiers Executors administrators and afsignes for Euer by thefe presents haue giuen granted Bar gained Sold aliened Enfeoffed and Confirmed and by Thefe Psents Do fully freely Clearly & absolutely giue grant Bar gain Sell alien Enfeoff and Confirm vnto him y« Said Daniel Hutchin Sen"^ his hiers and afsignes for euer all that thier Tract or parcell of land Lying & being partly within y' Township of Linn and Partly within y^ Township of Bos ton being butted and bounded on y<= West Westerly by y» land of y' late Cap* Thomas Brattle Deceafed north with y« Hills bounding yt part Commonly Caled & knowne by y' name of y^ Plough plain Running Vp to a marked Tree att y" Corner on y' north or northEast Side and by y= High Ledg of Rocks whereon Seuerall pitch pine Trees do Stand & from thence to Sawgust Riuer formerly caled Iron Works pond and on y^ Easterly End by y« land now in y« Tenure and Occupation of Samuel Aplton and So ranging from Saw gust Riuer to a Tree Marked with y« Letter L and from thence bounded by Said Samuel Appltons Land according as y« old fence Runns to y'' Logg bridge & by y« land of John White from y' Said Logg bridge to y= land of Said Brattle or howsoeuer the Same be Butted & bounded or Reputed to be Bounded together with all Rights Profits priuiledges Com modityes Hereditaments & appurtenances whatsoeuer to y' Same belonging or in wayes appertaining To Haue & To Hold y« Said Tract or parcell of Land with all other y= aboue granted premifes Being butted and bounded as aforesaid vnto y' Said Daniel Hutchin his hiers Executors Admin^ and afsignes and to y' Only proper vse benefit and behoof of [66 ] y^ Said Daniel Hutchin his hiers and afsignes for euer and y« Said James Rumney Marsh and Dauid : Indians : do hereby Couenant promis and grant to & with ye Said Daniel Hutchin his hiers & afsignes yt they haue in Themselues full power good Right & lawfull authority to grant Sell Conuey and afsure y* Same unto y' Said Daniel Hutchin his hiers and afsignes as a full firm perfect & abfolute Estate of Inheritance in fee Simple without any manner of Condicon Reuerfion or Limitation on whatsoeuer So as to alter change defeat or make Void y« Same and that y' Said Daniel Hutchin his hiers and afsignes Shall & may by force & Vir tue of thefe presents from time to time and att all times for Euer hereafter lawfully peaceably & quietly haue hold vfe Occupie pofsefs & Enjoy y= Same and euery part thereof ffree and Clear and Clearly Discharged of and from all & all manner of former and other gifts grants bargains Sales Leafes Mortgages Joyntures Dowres Judgments Executions Entails forfietures and of and from all other Titles Troubles Charges & Encumbrances Whatsoeuer had made comitted done or Suffered to be Done by ym y^ Said James Rumney Marsh & Dauid Indians or Either of Them thier or Either of thier hiers or afsigns att any Time or times befor y^ Enfealing hereof and further yt y= Said James Rumney Marsh & Dauid Indians Thier hiers & afsignes Shall & will from time to time and att all times for Euer hereafter Warrant and defend y' aboue granted Pemifes with thier appurtenances & Euery part thereof vnto y« Said Daniell Hutchin his hiers and afsignes against all & Euery person and Psons whatsoeuer any ways Lawfully Claiming or demanding y^ Same or any part thereof in witt- nefs whereof y^ Said James Rumney Marsh & Dauid Indians haue hereunto Set thier hands and Sealls the Twenty Eights day of July ann° Dom : One Thousand Six hundred Eighty and Six Annoq. RR= Jacobi Secundi Angliae &c. Secundo Signed Sealed & deliuered his in y' prefence of vs James : iames Rumney marsh marke & Seall [67] John Hayward Not: Pub. his Zachariah Shute Serv' Dauid /7 Indian marke & Seall James Rumnymarsh alias Quanupowit and Dauid Kunk- skawmushat acknowledged the within written Instr : to be thier act & deed : Daniel Hutchin being also prefent auerred that he was in y' actuall pofsefsion of the within mentioned parcell of Land July 28"^ 1686 P me Peter Bulkeley One of his Majesties Councill This is apparently a private grant of the territory described to Daniel Hutchin of Lynn, who was, at that time, about fifty-five years of age. Of the witnesses to this deed John Hayward was a resident of Boston, and a notary public and scrivener. It was probably he who drew this deed of release. Zachariah Shute was a servant, probably an appren tice, of Mr. Hayward, learning to write legal papers, etc. Peter Bulkeley, before whom the deed was acknow ledged by the Indians, was son of Rev. Edward Bulke ley of Concord, and forty-five years of age at this time. He was captain and major in the militia, had been a representative from Concord, where he lived, from 1673 to 1676, and was speaker the latter year. He was sent to England, as the agent of the colony, to defend against the claims of Gorges and Mason, in 1679; and was an assistant from 1677 to 1685. The other deed included the present city of Lynn and the towns of Saugus, Lynnfield, Nahant, Swamp scott, and a portion of ancient Reading. The con sideration for this deed was sixteen pounds In silver. [68] The deed purported to convey the territory to the selectmen of Lynn, who were Ralph King, William Bassett, Sr., Matthew Farrington, Sr., John Burrill, Sr., Robert Potter, Sr., Samuel Johnson, and Oliver Purchas, and to Mr. John Browne, Captain Jeremiah Swain, and Lieutenant William Harsey, trustees for Reading, for the benefit of the proprietors of those two towns. Ralph King was about forty-five years old at this time, and William Bassett about ten years older. Mr. Farrington was probably about seventy. Mr. Burrill, who was about forty-five, was a prominent man In Lynn affairs. Mr. Potter was In the seventies, and Samuel Johnson probably about forty. Oliver Purchas, who was about seventy years of age, was town clerk at the time this deed was given. He had represented the town of Lynn in the general court In 1660. Of the Reading men, Captain Browne, aged fifty-two, was a farmer, justice of the peace, select man and representative. Major Jeremiah Swain, aged forty-three, was a physician, justice of the peace, repre sentative, governor's assistant, etc. Lieutenant Harsey was also a man of note. This deed was recorded in Essex Registry of Deeds, book 18, leaf 150, June 28, 1704, seventeen years after its execution. The following is a copy of the deed as so recorded : — To all Christian people to whome this prefent deed of Con- firmacon Ratificacon & alienation Shall come Dauid Kunk- fhamoofhaw who by Credible Intelligence is grandfon to old Sagamore George no nofe So called alias Wenepawweekine Sometime of Rumney Marish & Sometimes at or about Chelmsford of y' Colloney of y« Mafsachufets So called Some times here & Sometimes there but deceafed y« Said Dauid Grandfon to y« Said old Sagamore George no nofe Deceafd and Abigail Kunkfhamoofhaw y« wife of Dauid & Cicely alias Su-George y« Reputed daughter of y' Said old Sagamore George & James Quonopohit of Natick alias Rumney Marsh and Mary his wife Send greeting &c. Know yee that the Said Dauid Kunkshamoofhaw & Abigail his wife & Cicely alias Su-George aforesd & James Quonopohit aforesaid with his wife Mary who are y^ neerest of Kin & legall Succefsors of y" aforesaid George Noe Nofe alias Wenepawweekin whom wee affirme was the true & Sole owner of y^ lands that y' Townes of Lynn and Reading stand vpon & notwithstanding y« pofsefsion of y^ English dwelling in Thofe Towneships of Lynn & Reading aforesaid, wee y^ Said David Kunkshaw Moofhaw Cicely alas Su George James Quonopohit &c the rest aforesaid Indians doe Lay Claime to y*^ lands that thefe Two Townes aforesaid Lynn & Reading Stand vpon and The dwellers thereof pofsefs that y= right & Title thereto is ours & belongs to vs & Ours but howsoeuer The Townships of Lyn & Reading hauing been Long pofsefsed by the English & although wee make Our Clayme & y" Select men and Truftees for both Townes aforesaid pleading Title by Graunts of Courts & purchafe of old of our predecefsors George Sagamore & Such like matters &c Wee y= Claymers afore named viz Dauid Kunk Shamoofhaw & abigail his Squwaw Cicely alias Su-George the reputed daughter of old Sagamore George No Nofe and James Quonopohit & Mary his Sqwaw they being of the kindred & Claymers Confidering The argu ments of y« Select men in both Townes are not willing to make trouble to our Selues nor old neighbours in thofe Two Townes aforesaid aforesaid of Lynn & Reading &c wee there fore the Clayming Indians aforesaid viz Dauid Kunkshamoo fhaw & Abigail his wife & Cicely alias Su-George the reputed daughter of old Sagamore George alias Wenepawweekin & James Quonopohit & Mary his wife all & Every of vs as aforesaid & Jointly together for & in Confideracon ffor & in Confidera con ofy'Summe of Sixteen poundesof Current Sterling money [yo] of Siluer in hand paid to vs Indians Clayming viz David Kunkfhamoofhaw &c at or before y" Enfealing & deliuery of thefe p'sents by m'' Ralph King William Bafsett Sen"^ Mathew Farrington Sen' John Burrell Sen' Robert Potter Sen' Samuel Johnfon & Olliuer purchas Select men in Lynn in y« Countey of Efsex in New England Trustees and prudentials ffor & in y' behalfe of y= purchafers and now proprietors of y° Towne ship of Lynn & Reading well and truly payd y= Receipt whereof y" viz Dauid Kunkfhamoofhaw Abigail his wife Cicely alias Su George y' Reputed daughter of old Sagamore George And James Conopohit of Natick alias Rumney Marsh & Mary his wife doe hereby acknowledge Themfelues there with to be fully Satisfied and Contented & thereof & of Every part thereof doe hereby acquit Exonerat and difcharge y« Said m' Ralph King William Bafset Sen' with all & Every of y'= Select men aforenamed Trustees and prudentials together with y= purchafers and now proprietors of y« Said Townships of Lyn & of Reading thier heirs Executors adminiftrators & afsigns for Euer by thefe prefents Haue Giuen graunted and bargained a full & a firme Confirmation & Ratification of all graunts of Courts and any former alienation made by our predecefsor or predecefsors & our own Right Title & Intrest Clayme & demand whatsoeuer and by thefe prefents doe fully freely Cleerly and abfolutely giue and grant a full & firm Confirmation & Ratification of all grants of Court & any Sort of alienation formerly made by our predecefsor or predecef sors as alfoe all our owne Clayme of right title Intrest & demand vnto them y^ Said m' Ralph King William Bafset & the rest Select men forenamed Trustees & prudentials for y= Towne of Lyn & y^ Worshipfull m' John Browne Cap' Jere miah Sweyn & Leiv' William Harfey Truftees and pruden tials for y^ Towne of Reading to thier hiers and afsignes For Euer To and for y= Sole vfe benefit & behoofe of y« pur chafers and now proprietors of y« Towneships of Lynn & Read ing aforesaid & all y^ Said Towneships of Lynn & Reading Joyning one to another Even from the Sea where y« line [71 ] beginneth between Lyn & Marblehead & So between Lynn & Salem as it is Stated by thofe Townes & marked & So to Ipswich riuer and So from thence as it is stated betwixt Salem & Reading and as y^ Line is Stated & runne betwixt Wills hill and as it [is] stated & runne betwixt Reading & Andover and as it is Stated betwixt Oburne & Reading & as it is Stated & runne betwixt Charlestowne Maldin Lynn & Read ing & vpon the Sea from y= line that beginneth at Lynn & Marble [head] & Salem to diuide the Townes aforesaid So as well from thence to y« Two Nahants viz the little Nahant & y« great Nahant as y'' Sea Compafseth it about round and Soe to y« riuer called Lynn riuer & Rumney marish riuer or Creeke vnto y« Line from Brides brooke to y« Said Creeke anfwering y« line that is Stated between Lynn & Boston from y' Said bride brooke vp to Reading this Said Tract of land defcribed as aforesaid together with all houfes Edifices build ings Lands yards Oarchards Gardens meadows marrifhes ffeedings grounds rocks Stones Beach fflatts pastures Com mons & Commons of pasture Woods vnderwoods Swamps Waters Watercourfes Damms ponds fishings ffowlings wayes Easements profits priuiledges rights Commodities Royalties Hereditaments and appurtenances whatsoeuer to y' Said Townships of Lynn & Reading & other y^ premifes belonging or in any wife appertaining or by them now vfed Occupyd & Injoyed as part parcel or member thereof & alfoe all Rents arrearages of Rents quit rents rights & appurtenances what soeuer nothing Excepted or referued & alfoe all deeds writ ings & Evidences whatsoeuer touching y' premifes or any part or parcell thereof. To Haue & To Hold all y^ Said Townships of Lynn & Reading as well the Two Na hants aforesaid y' little & y* great Nahant as they are Encompafd by y" Sea with thier Beaches from y« great Nahant to y^ little & from the little Nahant homeward where Richard Hud now dwelleth & so to m' Kings with all y« aboue granted premifes with thier & Every of thier rights members and appurtenances & Every part & parcell thereof [7^] hereby giuen granted Confirmed Ratified vnto y" Said m' Ralph King William Bafsett & y= rest Select men in behalfe of Lynn And y' Worshipfull m' John Browne & y* rest aforenamed for Reading all Trustees & prudentials for y' Towneships of Lyn & Reading to them & thier hiers & afsignes For Euer to and for y« Sole vfe benefit and behoofe of y^ purchafers and now proprietors of y= Said Towneships of Lynn & Reading And they y« Said Dauid KunkshamooshawSc abi gail his wife & Cicely alias Su George the reputed daughter of George no nofe Deceafed & James Quonopohit & Mary his wife Indians aforesaid for themfelues thier heirs Executors adminiftr's and afsignes Jointly Seuerally & respectiuely doe hereby Covenant promife & grant to & with y^ Said m' King William Bafset Sen' and y' rest of Lynn & the Wor shipfull m' John Browne & y« rest of Reading Trustees & prudentials for y« Townes of Lynn & Reading as abouesaid thier hiers & afsignes & So the purchafers & now proprietors of y" Said Townships of Lyn & Reading &c In manner & forme following (that is to Say) that at y' time of this Graunt Confirmacon & alienacon & vntill the Enfealing & deliuery of thefe presents thier Anceftor & Anceftors & they the afore named Dauid & Abigail his now wife & Cicely alias Su George & y« rest aforenamed Indians Were the True Sole & Lawfull Owners of all y= aforebargained confirmd & aliened pre mifes & were Lawfully Seized off & in y« Same & Every part Thereof in thier owne propper right And haue in them felues full power good right & Lawfull Authority to graunt aliene Confirm and afsure y= Same as is afore defcribed in this deed vnto m' Ralph King William Bafset Sen' & y= rest fore- named Selectmen of Lynn and y« Worfhipfull m' John Browne & y« rest aforenamd Agents for Reading all Trustees & prudentials for y« Two Townships of Lyn & Reading to them thier hiers and afsignes for Ever for y« vfe aforesaid viz the benefit & behoofe of y« purchafers & now proprietors of y' Two Townships aforesaid as a good & perfect abfolute Estate of Inheritance in fee Simple without any manner of [73] Condition reuerfion or Limitation whatsoeuer So as to alter change or make voyd y^ Same And that y^ Said Trustees aforesaid and y= purchafers & now proprietors of y" Said Towneships of Lynn & Reading thier heirs & afsignes Shall & May by the vertue & force of thefe prefents from time to time & att all times for Euer hereafter Lawfully peaceably and quietly Haue Hold vfe Occupy pofsefs & Injoyy^aboue granted aliened & Confirmed premifes with y^ appurtenances & bene fits Thereof & Every part & parcell thereof free & Cleer & Cleerly acquitted & difcharged off & from all & all manner of other gifts graunts bargaines Sales leafes Mortgages Joyntures Dowers Judgments Execucons fforfeitures & off & from all other Titles Troubles charges Incumbrances whatsoeuer had made Committed done or Suffered to be done by the Said Dauid & Abigail his wife Cicely alias Su George & y« rest Indians forenamed them or any of them or any of thier hiers or afsignes or any of thier ancestors at any time or times And further that y« Said Dauid Kunkfhamoofhaw & abigail his wife Su George James Quonopohit & Mary his wife &c their hiers Executors & adminiftrators &c Jointly & Seuerally will and shall by thefe prefents from time to time & at all times hereafter Warrant and defend thier foregraunted & Confirmed premifes with thier benefits & apurtenances & Every part & parcell thereof vnto the Said Trustees or prudentials fore- named for y^ Townships of Lyn & Reading & thier hiers & afsignes For Euer to & For The Sole vfe & benefit of y= purchafers & now proprietors In and off y^ Said Townships of Lynn & Reading against all & every perfon or perfons what soeuer any waies Lawfully Clayming or demanding y' Same or any part or parcell thereof And Lastly that they y= Said Dauid & Su George & James Quonopohit &c thier wiues or any of thier heirs Executors or adm'= Shall & will from time to time and at all times hereafter when therevnto required at y^ Cost & Charges of y= aforesaid Trustees & prudentials thier hiers or afsignes or y'= purchafers & proprietors of y^ Townships of Lynn & Reading &c doe make acknowledge Suffer all & [74] Every Such further act & acts thing and Things afsurances & Conveyances in y= Law whatsoeuer for y' further more better Surety & sure making of y' abouesaid Townships of Lynn & Reading with y^ Rights hereditaments benefits & appurtenances aboue by thefe prefents mentioned to be bar gained aliened Confirmed vnto y' aforesaid Trustees & pru- den'^5 their hiers & afsignes For y' vfe aforesaid as by the Said Truftees aforesaid thier hiers or afsignes or y' Said pro prietors or by thier Councill learned in y^ Law Shall be reafon ably devifed advifed or required In Witnefs whereof y' Said David Kunkshamooshaw & Abigail his wife & Cicely alias Su George & James Quonopohit & Mary his wife haue herevnto Set thier hands & Seales y° day of y' Date being y« fourth day of September One thoufand Six hundred Eighty & Six Annoq Regni Regis Jacobus Secundi Anglise Send Signed Sealed & deliuered In y' prefence of vs vndernamed y« Signe of Samuel Bligh David ^4f Kunkshamooshaw » & his Seale Daniel Johnson y« Signe of ^ John Hawks Abigail ^J^ Kunkshamooshaw Thomas Laughton Sen" .J & Seale y^ Signe Samuel A. Wardwell y« Signe of Cicely /^"'¦"V^-^ ^I'^s Su George *^ / / & Seale y' Signing of James Quonopohit & his Seale [75] y' Sign of Mary ^ -^ Ponham aleias Quonopohit ^_. & her Seale All y« perfons herevnto Subfcribed acknowledged the within written to be thier act & deed this 31 day of May 1687. before me Bartho. Gedney one ofy Councill ' James Quonopohit was the only one of the grantors of this deed who signed his name. The deed was probably executed In Lynn, as all but one of the wit nesses lived there. The first signer of these witnesses, Samuel Bligh, was a resident of Lynn, and about thirty years of age. Daniel Johnson was of Lynn, and probably somewhat older than Mr. Bligh. John Hawks was, also, of Lynn. Thomas Laughton was a farmer of Lynn, and about seventy years old. Samuel Wardwell' lived in Andover, and was about forty years of age. Captain Gedney, before whom the deed was ac knowledged, was a native of Salem, and lived there. He was at this time forty-six years of age. He was by profession a physician, and a captain of the militia. In 1678, he was chosen deputy to the general court, and the next year was appointed one of the commis sioners for Salem. From 1680 to 1683, he was one of the governor's council, but lost the position in the latter year, because he advised compliance with the ' This certificate of acknowledgment was " Endorfed on y^ back side " of the deed says the record. ' He was hanged at Salem, for alleged witchcraft, in 1692. [76 ] requirements of the officers of the crown in regard to the charter. When President Dudley brought the charter, in 1686, Captain Gedney was reinstated in that office, being specially named In the royal com mission, and retained the position during the adminis tration of Andros.' Alonzo Lewis, the historian of Lynn, stated In an article published many years ago, that an Indian deed of Lynn lands was in the possession of the Hart family as late as 1 800. Joseph Hart was probably the person referred to ; and it was probably among the large collection of old papers and documents, which were kept in the garret of his house, and to which the boys had access, probably to the destruction of the Instrument. ' Captain Gedney subsequently became colonel of the Essex regi ment. He was, also, the first chief-justice of the court of common pleas under the province charter, one of the special court that tried the alleged witches in 1692, and judge of probate. Deed from David Nonnupanohow and others to John Ruck and others, trustees for the proprietors of the town of Salem, of the territory of Salem, within the Naumkeag limits, dated Oct. II, 1686. Reproduced nearly one-third of the size of the original, which is on parchment and hung in a frame on one of the walls of the common council chamber in City Hall, Salem. i'n I; :=:) '^r^tf H .nr 4. ¦' I ®%j* .-kS -* ¦ ¦"^llrt; j3 "vr -« J Mi 3 y = f^i- :^ ^r^^ Vk . r.^^ X.J? ic^f iV*^i >|c' iV^^ aj+>,(VB5* :.?^ i^s^ '^r M3J) ^rr^': ¦^111*1 SALEM DEEDS Doubtless the same motives which caused Lynn to secure a deed of release of the territory of that town led the town of Salem to safeguard Its interests by pursuing the same course. The circumstances con nected with the acquisition of this deed are not known other than what Is disclosed in the deed itself The consideration of the release was twenty pounds in cur rent money; and the grantees were John Ruck, John Higginson, Samuel Gardner, Timothy Lindall, Wil liam Hirst, and Israel Porter, "selectmen and trustees for " the town of Salem, and all other " proprietors and purchasers " of the town. The territory described In it is now that of the present city of Salem and towns of Danvers and Peabody. The deed is dated October ii, 1686, and was recorded In the Essex Registry of Deeds, volume 7, leaf 125, April 26, 1687. The original document Is written on parchment, and was In the possession of Colonel John Higginson until May 25, 1 713, when he delivered it to the select men of the town, who Immediately placed it in the care of William Gedney, the town treasurer at the time.' It was afterwards preserved by being kept In a small tin box. It "suffered somewhat from being packed too closely, and frequently folded and un folded," says the writer of a report on the condition ' " At a meeting of ye Selectmen May 25* 17 13. . . " See y<: Entry made of ye Grand Indian deed for ye Township of Salem; which has been in Colo Higginfon's hands, but this day delivered up by him to y^ Selectmen and now lodged in m^ 'William [ 77] [78] of papers in the city hall, printed In the city docu ments for 1852. In that year a glass frame was pre pared, and In that It was spread and has since been inspected without handling. The report further says that the deed "is a document of remarkable beauty and elaborateness of execution, and of much Intrinsic value, and local Interest." It now hangs In a frame In the council chamber at the city hall. The following Is an accurate copy of the original instrument : — To all People To whome this present Deed of Sale shall come David Nonnupanohow Sam Wuttaannoh, and John Tontohqunne Cicely's Son, Grandchildren of George Saga more Cicely Petaghuncksq Sarah Wuttaquatimnusk, both Daughters of George Sagamore afores"* Thomas Vkquenkuf^ sennum alias Cap' Tom, all of Waymefsick alias Chelmsford In y* County of Middlesex Within his Majesties Territory & Dominion of New England In America James Quanoph kownatt; alias James Rumney Marsh, Israeli Quanoph kownatt, Son of s^ James Joane Quanophkownatt, Relict, Widow of Old Jn° Quanophkownatt Yawataw relict widow of Jn" Oonsumoq Wattawtinnusk wife of Peter Ephraim, all Gedney ye Town Treafurers hands by their order. Which deed was dated October ye eleuenth anno 1686: " — Salem Town Records, volume 1679-1728, leaf 160. " At a meeting of the Selectmen May 25th 1 713. . . " This day Colo John Higginfon Esqr brought ye originall grand deed from ye Indians, of ye Township of Salem to the then Selectmen of Salem as Trustees for ye proprietors & purchafers of s^ Town and delivered ye fame to ye present Selectmen of Salem which deed is Lodged with m' William Gedney ye present Town Treafurer by order of ye Selectmen, Colo Higginfon declining to keep ye fame any longer, which deed was dated October ye eleventh anno Domini 1686:" — Salem Town Records, volume 1 709-1725, page 103. [79] of Natick, In y' County Middlefex w'Mn his Majes'''': Ter ritory & Dominion of New-England In America afores<* Send Greeting. Know ye. that we y' aboves'^ David Non- nuphanohow, Sam Wuttaanoh Jn" Tontohqunne Cicely's Son Cicely Petaghuncksq Sarah Wuttaquatinnusk Thomas Vkqueakufsennum alias Cap* Thom. James Quanophkownatt alias James Rumney Marsh, Israeli Quanophkownatt Joane Quanophkownatt Yawataw Wattawtinnusk For and In Con sideration of ye full & Just Summe of Twenty poundes. Currant money of New England, To them in hand, at & be fore y" Ensealing and delivery of thefe Presents By Jno Ruck Jn° Higginson Samuel Gardner, Timothy Lindall, W™ Hirst, Israel Porter, Select men and Trustees for the Towne of Salem In ye County of Essex, w"'in his Majesties Territory and Dominion of New England, In America. Well and truely paied, The Receipt whereof they do hereby acknow ledge, and themfelves therew"i to be fully satisfied and Con tented and Thereof & of every part thereof doe hereby acquitt. Exonerate and Discharge y' s^ Jn" Ruck, Jn" Higginson Samuel Gardner Timothy Lindall, W" Hirst & Israeli Porter. : as Trustees aboves<* Their Heirs Execute and Administ^ as also all ye rest of ye purchafers and Proprie tors of s'J Township of Salem, and each and every of them, for ever by these p'sents Have given granted Bargained Sold aliened Enfeoffed and Confirmed and by these p'sents doe fully freely clearly and absolutely Giue Grant bargain Sell aliene Enfeoffe and Confirme Vnto them ye s"^ Jn° Ruck, Jo° Higginson Samuel Gardner, Tim" Lindall, W™ Hirstt & Israel Porter, as Trustees aboves'', and to Their Heirs and afsignes forever, To and for y' Sole ufe benefitt and behoof of the Proprietors in & purchafers of y« Township of Salem afors"* All ye s"! Township of Salem Viz all that Tract and Parcell of Land lying to y^ Westward of Neumkeage River alias Bafsriver whereupon y^ Town of Salem is Built So proceeding along to y" Head of Neumkeage River, Called by ye English Bafsriver, fo Comprehending all y' Land be- [8o] longing to the s^ Township of Salem according as it is Butted and Bounded w"' and upon ye Towns of Beverly, Wenham Topsfeild, Redding Linne & Marblehead, down to y* Sea, w"='' s"* Land is a part of w" belonged to the Ancestoi's of ye Grantors and is Their proper Inheritance Or howfoever ye s,:* r-s-^ ^ "^I^^Sfl li^ The two kinds of impressions used upon the wax seals of the deed of Salem. Reproduced same size as the original. [83] and Suffer all and Every such farther act and acts Thing & Things assurances and Conveighances in ye Law whatso ever For ye Further and Better Surety and Suremaking of y' aboves'' Township of Salem w"" ye Rights Heredita ments and app'tenances above by These p'sents mentioned to be Bargained and Sold vnto ye s'' John Ruck John Hig ginson Samuel Gardner Timothy Lindall William Hirst and Israeli Porter Trustees as aboves<* and to their Heirs and assigner for ye Vse afores<* As By ye s'^ John Ruck John Higginson Samuel Gardner Timothy Lindall William Hirst & Israel Porter Trustees as aboves'^ Their Heirs or as signes, or s^ Proprietors, or By Their Counsell Learned in y' Law shall be Reasonably Devised Advised or Required. In Witness Whereof The s"^ David Nonnuphanohow Sam Wuttaanah John Tuntohqunne Cicely Petaghuncksq Sarah Wuttaquatinnusk Thomas Vksqueakussennum alias Cap' Tom James Quanophkownatt alias James Rumney Marsh Israeli Quanophkownatt Joane Quanophkownatt Yawataw Wattawtinnusk Have hereunto Set their hands and Seals The Eleuenth Day of October Anno Domini One thousand Six hundred Eighty & Six Annoq Regni Regis Jacobi Ildi angliae Scotiae Franciae & Hyberniae Fidei Defensoris Secundo The mark of M Dauid ^r\ ^ [seal] Nonnuphanohow The marke of Sam'-'- / [seal] Wuttaannoh The mark of John XA-^ [seal] Tontohqunne [84] The mark of Cicely \l/ [seal] Petaghuncksq^ [seal] The mark of Thomas Q [seal] Vsqueakussennum allias Cap''' Tom James james Quanophkownatt [seal] alias Rumney marsh The mark of Israel /^ [seal] Quanophkownat The mark of Jane V/"*-^ [seal] Quanophkownatt The mark of 50 [seal] Yawataw The mark of V [seal] Wattawtinnusk Signed Sealed & Delivered By David Nonnuphanohow Cicely Petaghnucksq Thomas Vsqueakussennum alias Cap' Tom, James Quanophkownat alias Rumney Marsh Israeli Quanophkownat Joane Quanophkownat Yawataw Wattaw- Attestation of the witnesses to, and the acknowledgment of, the deed of Salem, written on the reverse. Reproduced nearly same size as the original. [85] tinnusk as Their Act and Deed In y' Presence of us After y' Same was Read to Them Andrew Elliott sen" Thomas West John Hill sr Samll Hardie s" William woodbery This Instrum' was acknowledged By David Nonnuphano how Cicely Petaghuncksq Thomas Vsqueakussennum alias Cap' Tom James Quanophkownat; alias Rumney Marsh Israeli Quanophkownat Joane Quanophkownatt Yawattaw Wattawtinnuske To be Their act and Deed This Eleventh Day of Octob"^ 1686 Before me Bartholomew Gedney, One of His Majes ties Councell for his Territory & dominion of newengland in America. The seals on this deed, which are of wax, have two designs. This deed was apparently executed in Bev erly, as all the witnesses were residents of that town. Andrew Elliott was then about forty-nine years of age ; Captain Thomas West was about forty-three ; Deacon John Hill was about fifty ; Samuel Hardy was a schoolmaster, and probably under forty at this time ; and William Woodberry was of about the same age as Samuel Hardy. They were all prominent men of Beverly most of them being or having been selectmen. The magistrate who took the acknowledgment of the deed, Bartholomew Gedney, of His Majesty's Coun cil, was the same one that took the acknowledgment of the second Lynn deed.' A deed of Misery Island, off the Beverly shore, was executed by an Indian, and it is proper to insert ' See page 75. [ 86] it in this book. This Indian grantor was known as Thomas Tyler, and he lived at Martha's Vineyard. The grantee was Bartholmew Gale of Salem ; and the date of the deed was February 12, 1673. It was re corded in the Essex Registry of Deeds, book 8, leaf 106, January 19, 1688-89. The following Is a copy of it as it appears upon the record: — Know all men by Thefe p'sents that I Thomas Tyler of Martha's Vineyard haue bargained for & Sold and do by thefe p'sents Sell make Ouer and deliuer Unto Bartholmew Gale of Salem in The County of Efsex in the Collony of the Mat- tathufetts all my right Title and Intrest Island forty acres more or lefs Comonly caled & knowne by ye name of Moul- tons Miferie lying and being between Bakers Hand and Man chester for him ye s^ Bartholmew Gale to haue & to Hold to him his hiers Executo"'s Adm''^ or afsignes from me ye said Thomes Tyler my hiers or afsignes for Ever or any other per son whatsoeuer Claiming any right Title or Intrest thereto or to any part thereof from by or under me hereby Couenant- ing and alowing that It may and Shall be Lawfull for ye Said Bartholmew Gale to inroule or Caufe to be Inrouled the pre mifes in any of his Majes"'^ Courts of Records in the Said Colo nic in Confideration of which Hand I the Said Thomas Tyler do acknowledge to haue received of the Said Bartholmew Gale a Ualuable Confideracon and for ye Confirmation & Ratification of y^ p'mifes I haue Caufed This my deed of Sale to be made & haue hereunto Set my hand & Seal this Twelfth day of ffebruary in ye year of Our Lord One thou fand Six hundred Seuenty three Signed Sealed anrf Deliuered his in the p''sence of us „ -rf-^* _, . „ , Daniel Bacon ^"°^^^ Z ^^"'^ ^ ^ ^eal Benjamin Marston marke Thomas Mayhew [87] With this deed Is recorded a statement, signed by Thomas Mayhew, who was also of Martha's Vine yard, being son of the governor. This certificate reads as follows: — y« Said Thomas Tyler is ye Sonne of ye Sagamore of Aga- wamm a knowne man in ye Countrey he sold y^ Towne of Ipswich all or y^ most part of it all ye old planters know him that had ought to do w"" ye Indians in thofe dales George Can Informe Concerning him he that hath lost his nose I mean not Elfe P me Thomas Mayhew This deed was not acknowledged, and its execution was proved by the oaths of the two Salem witnesses, Mr. Bacon and Mr. Marston, in Salem December 14, 1684, taken before John Hathorne, an assistant, who lived at what Is now the site of the Holyoke Building, one hundred and fourteen Washington Street. Daniel Bacon and Benjamin Marston lived near the magis trate. The evidence of these two witnesses, certified to by John Hathorne, Is recorded with the deed, and is as follows : — Dan" Bacon & m"^ Benjamin Marston Gaue Oath that ye aboues"* Instrument was Signed Sealed & deliuered in thier prefence by Thomas Tyler and that they Set thier handes as wittnefses unto y^ Same Sworne Salem Decemb' 14"" 84 befor mee John Hathorne Afis^ THE DEED OF BEVERLY The people of Beverly were greatly exercised over the claim to their territory, about 1680, by Robert Tufton Mason, grandson of Captain John Mason, and probably it was In consequence of this claim that an attempt was made to secure a title to the land from the Indians. Masconomet, alias John, the sagamore of Aga wam, in whose territory this section of the country was included, had died about 1658, and his alleged heirs were his grandchildren Samuel English and Joseph English and their sister Betty, wife of Jeremiah Wau- ches. With these heirs an agreement was made, Oc tober 13, 1686, by order of the selectmen of Beverly, for the transfer of the Indian title to all the land within the town, upon the payment of six pounds, six shillings, and eight pence. Nothing more was done about it until October 11, 1700, when Cornet Joseph Herrick, the town treasurer, at a meeting of the select men, paid to these Indians the amount of money In silver ordered to be paid fourteen years before. The following Is a copy of the record of this transaction as found In the Beverly Town Records, volume 2, page no: — At a meeting ofy' felect men on ye ii"" day of October 1700 Cornet Jofeph Herrick Towne Treafurer did then de liver Vnto Samuel Inglifh Indian or his order the fumm of fix pounds fix fhillings & Eight pence due to the fd fam" In dian and his Brother Jofeph and there filter as Heirs to there Grandfather John Alias malfquanomenett faggamore of Agga- [ 88] [89 ] worn which fix pounds fix fhillings and Eight pence is full fattiffaction for the Indian Title of all the Lands within fd Townefhip the which fume was paid by order of ye felect men according to aggreemt made with fd Indians on ye 13"' day of October 1686. At Salem, the next day, two " Nashoba " Indians, John Thomas and James Speen, testified before John Hathorne and Benjamin Browne, both of Salem, justices of the peace, that Samuel English, Joseph English, and Betty Wauches were the "True & Rightfull & Only Surviving hiers " of Masconomet. The following Is a copy of the record of this evidence In the Essex Registry of Deeds, volume 14, leaf A3- — The Testimony of John Thomas & James Speen Nashoba Indians both of full age who Testifieth & Saith of thier owne Certain knowledge that Samuel English & Joseph English Indians together with thier Siffer ye wife of Jeremiah Wauches Indian are y^ True & Rightfull & Only Suruiving hiers of John The Saggamore of Aggawom alias Mafsquanomenet. John Tomas & James Speen Indians abouenamed made Oath to ye Truth of y' abouesd Euidence Salem October the iz"" 1700. before John Hathorne \ ^ , g. Benj'^ Browne j J"^' ^"^ At the time this testimony was taken, a deed of release was executed and delivered by these grand children of the old sagamore to the selectmen of Beverly, who had it recorded In the Essex Registry of Deeds, volume 14, leaf 42. The grantees were the Inhabitants of Beverly. The following Is an exact copy of this record : — [90] Be it Knowne vnto all men by thefe prefents that wee Samuel English Joseph English & Jeremiah Wawches Indians being all y« Suruiuing Grand Chilldren of old Saggamore John of agawon alias amasquanamett Doe for & in Confideracons that our Grandfather did formerly grant and giue his aprobation to y^ English to Settle one a Tract of land Caled Beuerly in y' Countey of Efsex in New England & more Especialy for Six pound Six Shillings & Eight pence in Siluer to vs paid before y*^ Enfealing hereof by the Select men of Beuerly aforesaid in behalfe of s<* Towne doe giue grant bargaine Sell alien afsign Set ouer & Confirme & Haue by thefe pre fents fully freely & abfolutely bargained Sold aliened afsigned Set ouer & for Euer Confirmed vnto ye Inhabitants of Beuerly aforesaid thier hiers & afsignes for Euer all The vpland Swampy meadow marsh ground lying & being within y* Towneship of Beuerly aforesaid with all ye ponds Streames fishing places & all other y* profits priuiledges & appur tenances thereto belonging or pertaining in any wife To Haue & To Hold occupy & pofsess for Euer free & Cleare & freely & Clearly acquitted of & from all other Gifts grants bargaines Sales alienations of what kind soeuer and further wee y^ aboues^ Samuel English Joseph English & Jeremiah Waches Indians doe Couenant promife & Engage for our Selues our hiers Executors adminiffr'^ & afsignes For Euer to & with ye Select men of Beuerly aforesaid in behalfe of ye Inhabitants of sd Town thier hiers & afsignes For Euer That wee ye aboues"^ Indians are ye Day of y' Date hereof The True & Rightfull owners of y^ aboue bargained premifes and Haue full power and lawfull authority to Convey y' Same as abouesd & That wee doe warrant acquit & defend the quiet and Peaceable pofsefsion of Each & Euery part Thereof to them The Inhabitants of ye Towne of Beuerly thier hiers Executors adminiftrators & afsignes for Euer against all manner of Indians whatsoeuer laying any lawfull claime thereto In Witnefs hereof Wee haue Set to our hands & Seales This Twelfth Day of October in ye yeare of our [91 ] Lord One thoufand Seuen hundred : ye words alias masqua nomenit was Interlined before sealing : Signed sealed & Deliuered Thomas Woodbery Robert Briscoe Joseph ffoster Moses Parker the / . marke of Samuel English & Seale y^ ^\ marke of Jeremiah Wauches & Seale y' / marke of Joseph English & Seale y' - marke of Susannah ye wife /^ — " of Sam abouesd & Seale ye marke of Bettey ye ^ wife of Jeremiah Wauches & a Seale Samuel English & Sufannah his wife and Jeremiah wauches and Bettey his wife all acknowledged the abouewritten Instru ment to be thier act & deed Salem October the ii"" 1700. before me John Hathorne one ofy' Council iff Juft pe The first two of the witnesses were residents of Beverly, and had been selectmen and prominent in the town. Mr. Woodberry was about sixty years of age and Mr. Briscoe was much younger. The other witnesses, Joseph Foster of Billerlca and Moses Parker of Chelmsford, had probably come with the Indians, as their sponsors. John Hathorne, the magistrate, before whom the acknowledgments were made, was one of the judges [9^] who presided over the witchcraft trials in Salem. He lived in Salem, at what is now number one hundred and fourteen, on Washington Street. The Indians were kindly entertained. In Beverly, at the tavern of Mr. Briscoe, who was one of the wit nesses to the deed. The expense of this hospitality amounted to nineteen shillings and five pence, which represented a good deal in those primitive days. The expense of the drawing of the deed and the evidence and acknowledging and recording was eleven shillings and eight pence. The final record of the transaction is that of the settlement of the selectmen with the treasurer at a meeting of the selectmen, March 21, 1700-01. The following Is a copy of this record : — At a meeting of the Select men on the 21^' day of mach 1700: 1701 paid to the Indians for a deed and for acknowledging and Recording of fd deed and witneffes — 06 — 18 — 04 to m'. Robert Brifcoe for Expences on y^ Indians — 00 — 19 — 05' ' Beverly Town Records, volume 2, page 238. THE DEED OF MANCHESTER In 1700, the town of Manchester paid the grand sons of Masconomet, the sagamore of Agawam, three pounds and nineteen shillings in current silver money of New England, for a release deed of all the right, title, and Interest of the grantors In the land then comprising that township. The grantors, Samuel English, Joseph English, and John Umpee, lived In Middlesex County, at or near Chelmsford ; and the grantees were Robert Leach, John Knowlton, and Samuel Lee, selectmen of the town of Manchester, In behalf of the town. The deed is dated December 19, 1700; acknowledged on the same day ; and recorded in the Essex Registry of Deeds, book 14, leaf 82, Dec. 31, 1700. The following is a copy of this document as thus recorded : — Know all men by thefe prefents that Wee Sam. English & Joseph English & John Vmpee all liuing in ye Countey of Middlefex in y' prouince of y= Mafsachufets Bay in New England Indians on ye one party & Robert Leach & John Knowlton and Samuel Lee Select men of y« Town of Man chester in the Countey of Efsex in ye province aforesaid on ye other party witnefseth y' ye Said Sam: Inglish Joseph English & John Vmpee for & in Confideracon of ye Summe of three pounds nineteen Shillings Currant Siluer money of New England to them in hand well and Truly paid before then Sealing and Deliuery of Thefe prefents by y« Said Rob ert Leach John Knowlton & Samuel Ley Selectmen of ye abouesaid Manchester ye Receipt whereof to full Content & Satisfacon They doth hereby Acknowledge and thereof & of Euery part and parcel thereof doth acquit Exonerate and I 93 ] [94] difcharge y= Said Robert Leach John Knowlton & Samuel Ley & Each & Euery of them t^ieir and Each & Every of thier heirs Executors adminiftrators and afsigns for Euer by thefe prefents & as they doe prefent Themfelues Select men for and in The behalfe of y* Said Towne of Manchester them & thier hiers for Euer the Confideracon of ye aboue said Summe being Receiued by vs as aboues^ is for that whereas y'= Said Towne of Manchester Haue Quietly & peaceably without molestacon Enjoyed ye Soil of Thier Towneship with ye Growth therevpon & appurtenances belonging thereto & Containing therein for ye Space of Sixty yeares & vpward & that in the first place by ye Confent & aprobacon of our Grandfather Saggamore John of Aggawam alias Masquenomenit & Euer Since by Confent & aproba tion of his Children and by vs his Grand Children being ye now Suruiuing & proper hiers to our Said Grandfather & there hath been yet no deed or legall Conveyance Either by our Said Grandfather Masquenomenett as aforesaid nor by his hiers Succefsiuely vnto this Day of y^ Date hereof of y' Soyl of y^ Said Township to y^ Said Towne of Manchefter Wee ye Said Sam. English Joseph English & John Vmpee hath giuen granted Bargained Sold alien'd Enfeoff 'd and Con firmed and by thefe prefents doth fully freely Clearly & ab folutely giue grant bargaine Sell aliene Enfeoffe Convey and Confirme vnto y= Said Select men namely Robert Leach John Knowlton and Samuel Ley as they are for and in the behalfe of y^ Said Town of Manchester thier hiers & afsignes for Euer all That our full & whole right Title pro perty vfe Intrest remainder Claim and demands whatsoeuer of in and to all and Singular that Mefsuage or Tenement Scituate Lying & being ye Soyl in ye Township of y^ abouesd Towne of Manchester with all y' woods & growth of y" abouesd Soyl with all y" Riuers Waters Water Courfes Is land or Islands fish fishing places & all other apurtenances & priuiledges as lands meadows Creeks Coues Rocks Stones & whatsoeuer is or May be therein Contained wi'^iin The [95] bounds of ye Towneship of y^ Said town of Manchester To Haue & to Hold to them ye Said towne & thier hiers & afsignes for Euer to Improue vfe Occupy & Injoy ye aboue said premifes to thier profit & behoofe for Euermore And that Wee ye Said Sam English & Joseph English & John Vmpee doe for Our Selues our hiers Covenant & promife to & with ye Said towne of Manchefter them & thier hiers Executors Adm-^^ and afsigns that at & before the Enfealing & deliuery of thefe prefents Wee are ye True & Rightfull hiers of ye bargained premifes & haue in Our Selues full power good right & Lawfull Authority to bargain and Sell ye Same as aforesaid & that ye Bargained premifes a free & Clear & freely & Clearly acquitted & discharged of & from all other and former gifts grants bargaines Sales Ti tles Dowers or from any any other Incumbrance from any other In whatsoeuer shall pretend to Lay Claime therevnto and that wee will warrant acquit & defend the said towne of Manchester thier hiers Executors adminiftr''^ and afsignes in ye peacable & quiet pofsefsion of ye bargained premifes & Euery part & parcell thereof from time to time & at all times for Euer hereafter against all Indians whatsoeuer laying any Lawfull Claime thereto or any part thereof In testimony wherof Wee haue herevnto afixed our hands & Seals This ninteenth day of December In y^ yeare of our Lord God One thoufand Seuen hundred Signed Sealed & Deliuered in y^ Psents of vs Witnefs. y^ marke of John Newman Sam'-'- ^^'^^ English & a Seale Joseph Herrick y= marke of John ^ Vmpee & Seale Thomas Whittridge ' Samuel English an Indian & John Vmpee an Indian both perfonaly appeared before me y« Subfcriber One of his [96] Maj''«= Juftices of y' peace for ye Countey of Efsex & ac knowledged y« aboue written Instrument with thier hands & Seales to be thier act & Deed at Salem 19. December 1700 John Higginson Joseph English, for some reason, did not sign this deed. In this and In several other recorded In stances It seemed difficult to find Samuel and Joseph English together. The grantees of the deed, who were selectmen of the town at the time, were otherwise prominent. Messrs. Knowlton and Lee were young men, and were serving their first term as selectmen. Sergeant Leach was middle-aged and had been a selectman for several years. Of the witnesses to the deed John Newman lived in Wenham, and had been a representative to the general court for the two years prior to his appear ance at the execution of this deed, and town clerk of Wenham since 1695. He was son of Rev. Antipas Newman, pastor of the church in Wenham, and at this time was forty years old. Joseph Herrick lived in Beverly. Thomas Whittridge also lived In Beverly, and was about forty-two years old. John Higginson, before whom the acknowledg ment of the deed was taken, lived in Salem, and at this time was register of the probate court. He was only twenty-five years of age. The expense of this deed, including its draft and acknowledgment, was six shillings and eight pence. This sum, added to the amount paid to the Indians, three pounds and nineteen shillings, aggregated four pounds, five shillings, and eight pence, which the selectmen voted, January 16, 1700-01, to raise by [97] assessment upon the inhabitants.' This rate was accordingly assessed upon the people. ' " At a meting of the sealect men of manchester upon the 16*^ Day of January 1700 : 1701 Thare was a rate made and com- mited to Joseph Wodbery constable to collect and gather amounting to the sum of fower pounds and five shillings 8 pence which mony is to pay the Indians for our town ship and make payment of the aforesd sum in unto the sealect men at or before the fifteenth day of march nextlnsuing the Date hereof." — Manchester Town Records, volume 2, page 138. THE DEED OF WENHAM Samuel English, Joseph English, and John Umpee, heirs of Masconomet, the sagamore of Aga wam, claimed to own the territory Included within the limits of the town of Wenham, and December lo, 1700, the town chose a committee to investigate the mat ter, and if they thought best to agree with the Indians. Upon the payment of four pounds and sixteen shil lings, by Captain Thomas Fiske and three others of Wenham, a deed of release was obtained from them. The deed Itself, however, states the amount to have been three pounds and ten shillings. The difference of one pound and six shillings may have been the amount of the expenses connected with the acquisi tion of the deed. The amount was raised by the as sessment of a tax upon the inhabitants. In this deed Joseph Foster, Sr., of Billerlca and Moses Parker of Chelmsford joined as sureties, and they covenanted that these Indians were the legal heirs of the sagamore, that they were the rightful owners of the soil and had authority to convey the same. The deed was dated on the same day as the deed of Man chester, December 19, 1700. This deed was never recorded, and the last known of the existence of the original Instrument was Its production In court In the action of Amos Brown et al. versus Inhabitants of Wenham, at Salem, In 1 845. At that time It was taken from the wrapper In which it had been kept by the town treasurer, and never returned. Questions of law in this case, one of which was the admissibility of [98] [99] this deed as evidence of title in the town of the land thereby purported to be conveyed, were taken to the full bench of the Supreme Judicial Court. In the writ ten opinion of the court, a large part of the deed is copied, as follows : • — . . . gave, granted, bargained, sold, assigned, aliened, en feoffed and confirmed, unto the freeholders and inhabitants of said town, their heirs, successors and assigns, " the Indian title of all that tract or parcel of land, lying within the bounds of said township," bounded by the divisional lines of the sev eral adjoining towns, " to have and to hold the said tract of land, with the privilege of all rivers, streams, watercourses, ponds, fishings and hunting," &c. &c. " to the inhabitants of said Wenham, their heirs and successors, and such others, and their heirs and assigns, as have any lands lying within the bounds of said township, forever." And the said Samuel Inglish, Joseph Inglish and John Umpee, as heirs as aforesaid, as principals, and said Foster and Parker, as sureties, jointly and severally covenanted with the inhabitants and freeholders of Wenham, and such others as had lands lying within said Wenham, that said Samuel and Joseph Inglish and said John Umpee were the true and only proper heirs of said Mascha- nomett, and were the true and rightful owners of said tract of land, and had in themselves good right, full power and lawful authority to sell, convey and assure the same. And the said Foster and Parker, as sureties, covenanted with the inhabitants and freeholders of said Wenham who were then possessed of the land in said town in their own proper right, and such others as were not inhabitants of said town, but yet had lands lying within the same, that said Samuel and Joseph Inglish and John Umpee, and their heirs, should warrant and defend the same and every part of the above granted and bargained premises to the said freeholders and inhabitants, and proprietors of the lands lying within the ' MetcalPs Reports (Massachusetts), volume lo, page 496. [ lOO ] bounds of said township of Wenham, against all other In dians whatsoever that should make any claim or challenge to all or any part of said granted and bargained premises : And said Foster and Parker further covenanted that said premises were " free and clear, and clearly acquitted and discharged of all former and other bargains, sales and alienations made by said Maschanomett, or any other Indian or Indians hav ing lawful right or authority, and that the freeholders and in habitants, and proprietors of the lands lying within the bounds of said Wenham, should hold and enjoy the same, and every part thereof, to them, their heirs and assigns for ever, as a good and indefeasible estate of inheritance in fee simple. This deed was executed and acknowledged by Sam uel English, John Umpee, Joseph Foster, and Moses Parker, but was not executed by Joseph English. On the back of the deed was written, " D. Rex v. Parker, Ipswich Court, July ist, 1701," which indi cates that it was used in the court at Ipswich on that date. THE DEED OF GLOUCESTER Samuel English next made demand upon the town of Gloucester, and a meeting of the Inhabitants was held on Christmas Day, 1700, over which Deacon James Parsons presided. At this meeting, the selectmen were given authority to levy a tax upon the Inhabitants of the town for "seven or eight pounds In money"; and Lieutenant William Stevens and Ensign Joseph Allen were chosen to settle with the Indians." Lieuten ant Stevens was a native of Gloucester, and forty-one years of age. He was an officer of the local military company, a selectman of the town for several years and representative In 1692. Ensign Allen was a native of Salisbury, a blacksmith, and had come to Gloucester upon his marriage. In 1680. He was forty-six years old at the time of this transaction with the Indians. He was one of the selectmen of the town that year, and had served several years in that and other official positions. ' Such was the language of the vote, but Samuel English was the only Indian who executed the deed. The record of this meeting is as follows: — " Att A meeting of the Inhabetants of glocefter december 25"" day 1700 deacon James parfons moderater. . . '« the Select men had full powar giuen them at fd meeting to Leuy a taxe or ratt vpon the Inhabetants of feven or Eight pounds in money to defray the demand of the Indians for and about the Land of our townfhip . . "Leiut william Stevens and Infigne Jofeph AUin are the men Chofe and deputed by the Inhabetants at fd meeting to manage and make A full Conclution about our townftiip with thofe Indians that hath Laid Claime to the Lands of our townftiip. — Gloucester Town Records. [ lOI ] [ I02 ] This committee came to an agreement with Samuel English, and for seven pounds In current money of New England secured a deed of release from him. He claimed that he was the heir of the sagamore. The territory purported to be conveyed was that of the town of Gloucester at that time, which then included the present town of Rockport. The deed Is dated January 14, 1700-01 ; acknowledged on the next day, at Ipswich; and recorded In the Essex Registry of Deeds, at Salem, book 14, leaf 214. The following copy of this deed is taken from the record In the Registry of Deeds : — To all People to whome thefe prefents Shall come Samuel English an Indian the Grandson & Rightfull hier of Maf chanomett the Sagamore of Agawam Sendeth Greeting Know yee that I the Said Samuel English Sufficient reafons mouing me therevnto but Especialy for ye full and Just Summe of Seuen pounds of Currant money of New England Truly paid vnto me by Leiut William Steuens and Enfign Joseph Allin a Comitte or agents for ye Towne of Glofster in The Countey of Efsex in New England wherewith I ye Said Samuel English doe hereby acknowledge my selfe fully Satisfied paid & Content for euer and thereof and of every part thereof doe hereby for me my hiers Executors & adminiftrators for euer acquit re leafe and difcharge them the Said Comitte thier hiers ex ecutors & adminiftr'^ for euer Haue giuen granted bargained Sold & confirmed and doe by thefe prefents for my Selfe hiers Executors & adminiftr'^ for Euer grant Bargaine Sell and Confirme for Euer vnto them The Said William Stevens & Joseph Allin in the behalfe & for vfe and property of Said Towne of Glofster them their hiers Executors adminiftra tors and afsignes for euer a Certaine tract of land knowne by ye name of y' Township of Glofster in the Countey aforesaid in New England Containing by Estimacon Ten thoufand [ I03 ] acres be The Contents thereof more or lefs as it is abutted and bounded west northwest by Ipswich and west southwest by y Towne of Manchester according as ye Lines hath been already Settled & by ye Salt Sea on all other parts with all y= Islands thereto belonging according to ye grant of y' Generall Court to Said Towne Together with all y' Lands Soyles waters riuers Streames hauens ports Fifhings huntings Wood Timber Stones grafs feed and all ye rights profits priuiledges and appurtenances belonging to ye Same or any part thereof To Haue & To Hold to them ye Said William Stevens & Joseph Allen and y= Said Towne of Glocefster them thier hiers Executors adminiftrators and afsignes in quiet & peace able pofsefsion for Euer without the Least lett hindrance or molestacon whatsoeuer & further I the Said Samuel English doe hereby promife Covenant & grant to & with ye aboues"^ William Stevens and Joseph Allin that at & vntill the En fealing & deliuery of thefe prefents I had good right full power and Lawfull authority to giue grant convey & confirme the Said premifes and Euery part thereof with all the appurten ances as abouesaid it naturaly defcending to me from my predecefsor as abouesaid and doe hereby bind my Selfe hiers Executors adminiftrators and afsignes For Euer to defend y' Said William Stevens & Joseph Allin and The Said Towne of Glofster Then Thier hiers Executors adminiftr''s and afsignes for Euer from all Indian right and Title & from The lawfull Claimes of all perfons whatsoeuer to ye abouesd premifes In Witnefs whereof I y'' abouesd Samuel English doe herevnto Set my hand & Seale this fourteenth day of January Seventeen hundred & in ye 12 yeare of his maj''" reigne Signed Sealed & Deliured in prefence of vs his Abraham Perkins Samuel <^ English Seale Joseph ffoster marke Jon* Fairbank" [ I04 ] The within mentioned Samuel English perfonaly appearing before the Subfcriber one of ye members of his Maj''es Coun- fell for the Province of ye Mafsachufets Bay & Juftice of peace in the Same acknowledged the within written Instrument to be his act & deed. Ipswich Jan'y ye 15. John Appleton 1700 /1701 Abraham Perkins, the first witness to this deed, was a resident of Ipswich, where the deed was executed. He was sixty years of age at that time, and a promi nent citizen. The other two witnesses, Joseph Foster and Jonathan Fairbank, were acquaintances, probably, of Samuel English, and evidently accompanied him from Billerlca or that vicinity. John Appleton, before whom the deed was acknow ledged, was a resident of Ipswich. He was one of His Majesty's Council for this province and a justice of the peace. He was a native of Ipswich, forty-eight years of age at this time, being a merchant, town clerk, representative to the general court, clerk of courts and colonel of the regiment of militia. The Indian had been paid and the deed delivered, but the money had not been raised, February 5, 1700- 01, when a town meeting was held to consider the method of securing the necessary sum. The weather was so stormy on that day, that after choosing Lieu tenant William Stevens moderator, the meeting was adjourned to the eleventh day of the same month. On that day the matter was not determined and adjourn ment was made to the next day, when it was voted to sell some of the common land for this purpose. The lot layers were appointed a committee to ascertain what offers could be obtained for the land, and report the [ I05 ] facts at the next general town meeting.' No further record relating to the matter has been found. ¦ The following is a copy of the record of this meeting: — " Att A Towne meeting Leagally warned according to the direction of Law which was the fift day of february in the year 1 700-1 701 the Same day prouing to be Stormy weather the Inhabitants for all mett togather and Chofe Liuet: william Stevens moderator for fd meeting and did by reafon of the Weather Adjourne the meeting to the Leventh Day of the Same month of february and not bringing things to A head for what the meeting was Appointed for . . the meet ing was Adjourned to the twlueth day of the fame month of febru ary . . " it was Agreed vpon by the Inhabitants At fd meeting and by Affirmytiue voite there ftiould be Land fould viz Som of the town Comon Lands to raife money to pay what Charges the towne is Indebeted for and About the purchafing of the townftiip of Samuel Englifti Indian "The Lot Layers was Appointed a Comity and Choflen att fd meeting to treat with any of ye Inhabitants that will buy any of the towne Comon Lands and to bring the reporte of it both for place quantity and price to the nex generell towne meeting." — Gloucester Town Records. THE DEEDS OF BOXFORD In the winter of 1700-01, Samuel English, Joseph English, and John Umpee, three grandsons of Mas conomet, sagamore of Agawam, claimed title to, and demanded money for, the territory then included within the town of Boxford, which had at that time nearly the same territory as now. A town meeting was held January 15, 1700-01, at which John Perley, Thomas Perley, John Peabody, Thomas Hazen, and Josiah Bridges were chosen a committee to treat with the Indians relative to their demand. The first two named of this committee were brothers, sons of the immigrant Allan Perley, and natives of Ipswich, John being sixty-four, and Thomas fifty-nine, years old at the time of this transaction. John Perley was an en sign In the militia, a carpenter, and had represented the town In the general court In 1690 and 1691. Thomas Perley was lieutenant in the militia, and had repre sented the town In the general court In 1689, 1690, 1692, and 1693, and was the deputy at the time of this purchase from the Indians. Both were prominent in the local public affairs, holding the highest offices In the town, John being, at this time, one of the selectmen. Captain John Peabody was son of Lieutenant Francis Peabody, the immigrant, and was fifty-eight years of age. At this time he was the town clerk, having held the office since the Incorporation of the town. In 1685. He was also the first schoolmaster, commander of the military company, and had held the highest town offices. He had represented the town In the general court In 1689, 1690, 1691, 1692, 1695, 1698, 1699, [ »°6] Residence of Lt. Thomas Perley, in Boxford, where the Indians made their agreement with the representatives of the town as to release of their interest in the territory of Boxford. [ I07 ] and 1700. Ensign Thomas Hazen was son of Ed ward Hazen of Rowley, the immigrant, and was forty- three years old. He had been a selectman for many years. Josiah Bridges was son of Edmund Bridges of Ipswich, the immigrant, and was fifty years of age. He was a blacksmith, and one of the selectmen at this time. John Perley lived in what Is now known as Barnes' pasture, on the road, now obsolete, which led from the present residence of Elbridge Perley. Thomas Perley lived in the house, still standing, at the great elm tree, commonly known as the Isaac Hale place. John Peabody lived In a house which stood near the barn of the Deacon Palmer place until 1863, when it was taken down. Thomas Hazen lived at the eastern end of Baldpate Pond, and Josiah Bridges lived at the Humphrey Perley place. This committee was given full power to agree with the Indians both as to the amount of, and time when, the consideration should be paid. The next day, the committee and Samuel English, one of the Indians, met at the house of Lieutenant Thomas Perley, who conducted a public-house at that time. This house is still standing, and has been almost unchanged in its appearance during the two hundred and twenty-odd years of its existence. This ancient homestead is shown in the engraving on the opposite page. The great elm tree was not there then, but It is nearly as old as this transaction with the Indians. Colonel Dudley Bradstreet of Andover, a justice of the peace, was, also, probably present and wrote the deed, which the Indian acknowledged be fore him. For this service the colonel was paid five shillings and sixpence. [ io8 ] The Indians proved, by the testimony under oath of several other Indians, that they were grandsons of Masconomet and his heirs.' The committee delivered to Samuel English eight pounds in money, and paid the charges of the several Indians, amounting to about one pound and four shillings, as well as furnishing them with food and drink. The consideration named In the deed was nine pounds In current money. Thomas Hazen advanced two pounds of this amount, Thomas Perley, one pound and ten shillings in money and one pound in food and drink, John Perley, one pound and six shil lings, and John Peabody, one pound and four shil lings. Dr. David Wood, a physician of the town at that time, and a man of means, lent the committee two pounds and four shillings. Thomas Perley also paid Colonel Bradstreet the five shillings and sixpence for the deed. Doctor Wood was repaid his money as fol lows : by Josiah Bridges thirteen shillings and sixpence for himself and his father "for their own share" five shillings, and by John Peabody one pound and five shillings. The deed was dated January i6, 1700—01, and re corded in the Essex Registry of Deeds February 20, ' The deed signed by Samuel English, was recorded in the records of the town of Boxford, and at the end of it is the following state ment : — "This is a trew Copey of the Indian deed which Samuell English an Indian grand son and heair of malkenominit Sagemoer of aggawom who Chalenged the Town of Boxford to bee part of his grandfathers Land and proued it so to bee by sevaral Indin testimoney vpon oath and so to preuant fother trubbel and to Satisfy the Indian native heaier the Town of boxford haue giueen him the fiiU sum of nien pound in money." [ I09 ] 1704-05, book 16, leaf 188, and also in the Town Records of Boxford. The following copy is taken from the record in the Registry of Deeds: — To all People to whom these p-^sents shall Come Samuel English an Indian ye Grandson & heir of Maschanomett the Sagemore of agawam in ye County of Efsex in New Eng land Sendeth Greeting Know yee that I the Said Samuel English Good & Sufficient Reasons & Consideracons moving me Thereunto & for the full & Just Sum of nine Pounds of Currant money of New England Truly Paid unto me the Said Samuel English ye Receipt w'of I do hereby acknow ledge in full of all Rights of Indian Claimes & Titles what soever by Ensign John Pearly Leiv' Thomas Pearly Ensign Thomas Hazen Leiu' John Peabody & Josiah Bridges a Comittee & Agents for ye Town of Boxford in the County of Efsex in y^ Province of ye mafsachusetts In New England wherewith I the said Samuel English do hereby acknowledge my self fully Satisfied Paid & Content for Ever have given granted Bargained Sold & Confirmed & Do by these presents Fully Freely & absolutely give grant Bargain Sell & Confirme for Ever unto them the Said John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges & to as many others of y* Proprietors & Inhabitants of said Town of Boxford as shall well & Truly pay unto the aboves"* Comittee at or Before y" First day of may Next Ensuing the date hereof Their due & Respective Shares & propor tions of ye Sum of money Aboves^ & all other Charges Ex pended by said Committe in & about the Same to their due Satisfaction a Certain Tract of Land Containing by Esti macon Twelve Thousend acres be ye Contents Thereof more or be they Lefs Known by y= name of ye Township of Boxford in y' County afores'' being abutted & Bounded Northerly by a Marked Pine Tree on the Southerly Side [of] merrimack river which is the Corner Bounds and then the Line runs by the marked Trees that are Between Andover [ "o] & Boxford & Southerly according as y' trees are marked be twixt Andover & said Boxford as it hath Been Preambulated till it Come to the Eight mile Tree so called which is a bound mark betwixt said Andover & said Boxford & South erly to a white oak which is the Bounds betwixt Will^ Hill men & said Boxford & then southerly to a Wild Pear Tree or Box tree Standing by Ipswich River side & then easterly as the River Runs till it meet with Ipswich Line which said Line doth extend six miles from said Ipswich meeting house & then upon a straight Line till it Come to an apple tree y' is in Leiv' Pearlys feild marked & then it runs with Ipswich Line untill it meets with Rowley Line near Caleb Jacksons & so till it Come to a white oake in Bradford Line as it is setled betwixt Boxford & Rowley & then westerly till it meet with y" Pine Tree first mentioned Parting betwixt Boxford & andover all which said Tract of Land in the said Township of s"! Boxford according as it is Bounded or ought to be Bounded with all the Lands Soyles Rivers Brooks streams water waters Ponds Fishings huntings Wood stone Grafs feed and all y* rights proffitts Priveledges Comodities & appurteni^es thereto belonging or in any manner of wise appertaining to ye same or any part thereof To have & To Hold to them the said John Pearly Thomas Pearly Thomas Hazen John Peabody and Josiah Bridges and to others of the Inhabitants & Pro prietors of said Town of Boxford Provide as is above Pro vided to them y' heirs Executors admin'" & afsignes in Quiet & Peaceable pofsefsion for Ever In fee simple a good & sound Estate of Inheritance freely & Clearly acquitted Released & discharged of all & from all Indian rights and titles whatsoever y' may Be made by me or any other Na tive in this Land of New England Further I y« said Samuel English do hereby Covenant promise & Grant to & with y' aboves^ Comittee of ye Towne of Boxford y' at & untill the ensealing & delivery of these presents I had good right full power & Lawfull authority to grant & Convey y' same & all y' premises as aboves"^ hereby Binding my self heirs [ III ] execut" & adm" forever to defend the said John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges & others according as is provided Before them their heirs execuf* adm" & afsignes for ever from the Lawfull Claimes of all persons whatsoever to y" same or any part of y' abovementioned & granted premises In witnefs whereof I the said Samuel English do hereunto set my hand & Seale this Sixteenth day of January seventeen hundred seventeen hundred & one & in the 12"" year of ye Reign of our Royall Soveraign William y*^ Third over England &c King &c Signed sealed & DD in presence of us his Thomas Baker Samuel r\y English & a seale Joseph ffoster mark MosES Parker Samuel English an Indian appeared before me y^ Sub scriber one of his maj''es Justices of peace for ye County of Efsex & acknowledged this Instrum' to be his act & deed this 1 6"' of Jan' 1700/701 Dudley Bradstreet Captain Thomas Baker, the first of the witnesses to this deed, lived in Topsfield, and at this time was sixty-four years of age. He was a native of Norwich, England. The others were those men who accom panied these Indians in these transactions, Joseph Foster being, probably, of Billerlca and Moses Parker of Chelmsford. It is not known why Joseph English and John Umpee did not release their Interests In the land at this time, as all were present apparently. On the tenth of the next October (1701), Joseph Foster brought the other two Indians, and they signed another deed of import similar to that which Samuel [ "^] English had executed. For this release John Peabody paid them two shillings and sixpence In silver, and they were also furnished with "rum and victuals enough," This deed of quitclaim was written by Isaac Addington of Boston, and he was paid three shil lings. At this time he was fifty-five years of age, judge of the court of common pleas, and had been Speaker of the House of Representatives. He was Instrumental in the overthrow of the government of Sir Edmund Andros, and then became clerk of the committee which had the affairs of government in charge and later secretary of the provisional govern ment which followed. He was a man of great mod esty. Industry, Integrity, and wisdom. In this deed all three of the Indians were named as grantors, probably erroneously. The deed states that nine pounds In silver was Its consideration, but the evidence of payment is that it represented about the sum actually paid to all the Indians. This later deed Is dated In 1701, the acknowledg ment being taken October 22, 1701, and was recorded in the Essex Registry of Deeds, book 18, leaf 33, Feb ruary 24, 1703-04. The following Is a copy of this deed as It is recorded In the Registry of Deeds : — To all People unto whom these presents shall come Sam uel English Joseph English & John Vmpee Indians Grand Children & the next true rightfull and Lawfull heirs of mus- quonomet alias muschonomet Indian Cheif Sagamore & na tive Proprietor of that whole Tract of Land Extending from the Southerly Side of the River merrimack unto naumkeeg otherwise Called Bafs river lying in the County of Efsex within his maj''es Province of the mafsachusetts Bay in New England Send Greeting whereas Divers Englishmen many [ "3 ] years Since in the Life time of the Said musqunomet al* muschonnomet with his Knowledge Lycence & good Liking did Enter into Subdue Improve Build & Settle an English Plantation Containing about Twelve Thousand acres of Land more or Lefs now Called & Known by the Name of the Town of Boxford within the afores'' Tract of Land in the said County of Efsex, which said Plantation or Town ship & the Lands thereto Belonging are Butted & Bounded Northerly by a marked pine Tree on the Southerly Side of merrimack River afores'^ which is the Corner Bounds & then the Line Runs by marked Trees that are between Andover & Boxford & Southerly according as the Trees are marked betwixt said Andover and Boxford, as it hath been perambulated till it Come to the Eight mile Tree so called which is a Bound mark betwixt said Andover & Boxford & Southerly to a white oak which is the Bounds betwixt Wills Hill men & said Boxford & then Southerly to a wild Pair tree or Box tree standing by Ipswich River side & then Easterly as the River Runs till it meet with Ipswich Line which Said Line doth Extend Six miles from Said Ipswich meeting house & then upon a Straight Line till it Come to an apple tree that is in Leiv' Pearlys field marked & then it Runs with Ipswich Line until it meets with Rouley Line near Caleb Jacksons & so till it Come to a white oak in Bradford Line as it is setled betwixt Boxford & Rowley & then westerly till it meet with the Pine Tree first mentioned parting Betwixt Boxford and Andover Now Know yee that we the Said Samuel English Joseph English & John Vmpee the true Rightfull & Lawfull heirs of the said musquonomonet al' muschonnomet as afores"^ as well upon the Consideracon afores'^ as for divers other good Causes & Consideracons us thereunto moving more Especially for & in Consideracon of the Sum of nine pounds Currant Silver money of New England to us in hand at & before the Ensealing & delivery of these presents well & truly paid by John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges all of [ "4] Boxford afores"* yeomen a Comittee & agents for the Said Town of Boxford The Receipt whereof we do hereby ac knowledge & our Selves to be therewith well Satisfyed Con tented & fully paid Have Granted aliened Enfeoffed Re leased Ratifyed Confirmed & forever Quit Claimed & by these presents for our selves & our heirs Do fully freely Clearly & absolutely grant aliene Enfeoffe Release Ratify Confirm & Quit Claim unto the Said John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges and the Rest of the Freeholders & Proprietors of the Said Plan tation or Township of Boxford in their actuall pofsefsion being all the aforesi^ quantity and Tract of Twelve Thou sand acres of Land more or Lefs Scituate Lying & being in the s^ County of Efsex & Butted bounded & described as afores"* or howsoever otherwise the Same is bounded or Re puted to be Bounded Together with all & Singular the Trees Timber woods underwoods Rivers Brooks ponds Streams waters water Courses marshes meadows feilds feedings fish ing fowling hunting Edifices Buildings Rights members pro fitts priviledges Comodities advantages hereditaments Emolu ments & appurees whatsoever upon or Belonging to the Said Tract of Land Plantation or Township of Boxford afores'^ or to any part or percell thereof & all the Estate Right Title Interest Inheritence use property Claime & demand whatso ever of us the Said Sam" English Joseph English & John Vmpee & each of us our & each of our heirs of in or to the Same & the Reversion & Reversions Remainder & Remain ders thereof To Have & to Hold all the said herein before granted Released and Confirmed premises unto the said John Pearly Thomas Pearly Thomas Hazen John Peabody & Josiah Bridges & the Rest of the Freeholders and Pro prietors of the Town of Boxford afores'^ their heirs & af signes to their only proper use Benefitt & behoofe for Ever & we the Said Samuel English Joseph English & John Vmpee for our Selves & our heirs do hereby covenant grant & agree to & with the Said John Pearley Thomas Pearly [ "5] Thomas Hazen John Peabody & Josiah Bridges & their heirs & afsignes on behalfe of themselves & other the ffree- holders & Proprietors of Said Town of Boxford their heirs & afsignes for ever that we the Said Samuel English Joseph English & John Vmpee are the true Rightfull & Lawfull heirs of the beforenamed musquonomonet alias Muschono met & that we shall & will warrant & defend all & singu lar the Lands & premises by us herein before granted Re leased & quit claimed unto y'' s'^ John Pearly Tho : Pearly Tho: Hazen John Peabody Josiah Bridges & other the Freeholders & proprietors of the Town of Boxford afores'' their heirs & afsignes for Ever against our selves & our heirs & all & Every other person or persons Claiming any Right title or Interest therein from by or under us any or either of us from by or under our Said Grandfather Musquono- monit alias muschonnomett In witnefs whereof we have hereunto Set our hands & seales the day of anno Dom: 1 701 annoq R R= Gulielmi Tertii anglie &c Decimo tertio. Signed Sealed and DD his it by Joseph Foster Joseph ^/ j English & seal John Boynton mark his John / Vmpee & seal mark Joseph English & John Vmpee appeared before me the Subscriber one of his maj'^es Justices of ye peace for the County of Efsex & acknowledged this Instrum' to be their act & deed this 22 of October 1701: Josaph foster brout Josaph In glish and John Vmpee to set thair hand to a quit Cleam and Resaived of John pebody two Shillings and sixpenc in Siluer and Rum and ¦vittels Enouf " alfo John pebody payed m' Adington 3s for writing the quet clame that thes tow Indians suied untow " the -2' -045 lent by david wood is payed agaien. thirten Shilingand sixpenc by Josiah bridges and .5=. shilling he payed of it for his father and himself for thair owen Shaer and by John pebody one pound live Shillings and Sixpenc so that the -2^-4^ is payed agaien ' ' THE DEED OF ROWLEY As attorneys of Samuel English, Joseph English, and John Umpee, Indians, who affirmed that they were the heirs of Masconomet, the sagamore of Agawam, some men, whose names are unknown, but who were probably Joseph Foster of Billerlca and Moses Parker of Chelmsford, demanded possession of the land In cluded within the town of Rowley; and a meeting of the inhabitants was held December 28, 1700, to con sider the claim . Deacon Ezekiel J ewett, Samuel Platts, and Captain Joseph Boynton were appointed a com mittee to make inquiry about the claim and endeavor to perfect the title of the town to the territory on the best terms they could. An agreement was made with Samuel English, one of the Indians, and, upon the payment of nine pounds, he gave a deed to the town, releasing his claim to the land.' There is no known record of this deed, and whether the original document is in existence or not is also unknown. January 17, 1700-01, a meeting of the inhabitants of Rowley was held, and it was voted that the com mittee should be remunerated for the nine pounds ' " At a legall meeting of the inhabitants of the town of Rowley December zS'l" 1700 their was chosen Deacon Ezekiell Jewett, Sam" Plats & Captain J oseph Boynton to treat with Gentleiii improved & impowered as attorneys for the Indians which make a demand of our lands who do affirm that they are the proper Heirs to masquenomenet Sagamore of Agawam & to make enquiry about our title, & labour to cleare up our title to sd lands to their satisfaction if it can bee: or other wise to agree with sd atturneys & what sd comittee shall do therein shall be a valued act." — Rowley Town Records, [ "8 ] [ "9] they paid to the Indian for this deed for the levy of a tax upon the lands within the town privately owned." Of the committee appointed to adjust this matter with the Indians, Deacon Jewett was then fifty-seven years of age, and had been deacon of the church in Rowley for fourteen years. Samuel Platts was about fifty-two years old, town clerk for several years, and wrote most of the deeds and wills of the people there for many years. Captain Boynton was fifty-five years of age, and a prominent man in the town. He was commander of the military company and town clerk and representative many years. ' "At a legall meeting of the inhabitants of Rowley Jan 17"' JJgJ it was agreed & voated that the rate for raising the money to satislie the nine pounds paid to the Indian Sam" English for a title to our township & the charge thereabout should be proportioned by the selectmen upon lands & freeholds belonging to the inhabitants of this town & others that have lands or meadows within the town bounds. Voated & passed on the afirmative." — Rowley Town Records. BRADFORD DEEDS The people in Bradford apparently learned, in some way, that claims to the title of their territory would be made by both Englishmen and Indians. The Eng lishmen may have been those claiming under Robert Tufton Mason, who was the successor of his grand father. Captain John Mason, the early grantee of some lands between Charles and Merrimack rivers and three miles beyond each river; but more likely they were Joseph Foster and Moses Parker, as they were associ ated with these Indians in their transactions with the several towns. A meeting of the proprietors of the town was held November 23, 1700, at which Ensign John Tenney was the moderator. Ensign Joseph Bailey, Corporal Richard Kimball, and John Boynton were appointed a committee to treat with these claimants concerning titles. Later in the meeting Ensign John Tenney and Philip Atwood were added to the committee, which was given full power to act In behalf of the town, according to the best of their judgment.' ¦ " Att a legall town meting held in bradford, on the : 23 : of nouember 1 700 Insine tenny was chosen modratar fiue men wear put to uot to treat [with] the Inglish men and the Indeneswhen thay com consarneng the ritel of our land namly, John tenny Joseph baly Rich ard Kemball sen' philip Attwood and John boynton it passed in the afermitiue the town gaue them pour to act in the behalf of the towne. " on the same day weare put to uot how the charges that might aris on this account both in purching of the indens if need weare and also the charges of the comity should be defrayed it pased in [ 120 ] [ 121 ] Joseph Bailey was about fifty years of age at this time; Richard Kimball was forty; John Boynton was a weaver, and aged fifty-three; John Tenney was about fifty-three ; and Philip Atwood was a weaver, aged forty-two, a native of Maiden, and had come from Lynn to Bradford several years before this time. At this meering of the proprietors the matter of defraying the charges of the committee and transfer was discussed, and it was voted to levy the amount upon the land in proportion to the quantity of land each person owned, treating it as all "wilderness land." The Englishmen did not appear, but the In- the afirmiuue: that thay should be lauied upon euery manes propriety of land that lyes in the bounds of the Towne." — Bradford Town Records. The following is a copy of the record of this meeting as recorded in the Essex Registry of Deeds, book 15, leaf 137: — "att a Legall meeting ofye proprietors of Bradford in ye 23 of novemb' 1700 Ensign John Tenny was first chosen moderator he appointed 3 men to treat w"" ye Englishmen & Indians if they come concerning ye title of our land ye 3 men were put to voat singly namely Insign Baly corporall Richard Kimball and John Bointon & they all pafsed on ye afirmatives afterwards at ye same meeting added to ye former Three Insign Tenny & Phillip Atwood ye Proprietors gave them full power to act in behalf of ye town according to their best Judgm' or any thereof of them on ye same day ye 23d of novemb"' 1700 their was a discourse how ye charges should be defrayd y' might arise as to purchasing of ye heathen if need were & also ye charges as to y' comittee for their Expences of his was put to voat if ye charges should not be laid on every mans land according to his proportion of land as Wildernefs land & it pafsed on ye affirmative y' so ye charges should arise. "the Town clerk being absent ye proprietors then chose me to write w' they did act ' ' [ 122 ] dians did. They were Samuel EngHsh, Joseph Eng- fish, and John Umpee. An agreement was made with them to release, for three pounds and ten shil lings in silver, their Interest in the territory, which included Gage's Island in the Merrimack River, and excepted Mr. Phillips' farm of three hundred acres lying between the river and the road leading to Rowley. The deed was prepared January 30, 1700-01, but the Indians afterward came separately, and exe cuted it. Samuel English came March. 21st, and acknowledged it in Haverhill, probably at the house of Nathaniel Saltonstall, a justice of the peace, before whom the acknowledgment was made. Joseph English came July 31, 1 701, and acknowledged the deed, also in Haverhill, before Nathaniel Saltonstall, and John Umpee appeared October 22, 1701, and executed it in Andover, probably at the house of Colonel Dud ley Bradstreet, a justice of the peace, before whom the acknowledgment by this Indian was made. Na thaniel Saltonstall was a magistrate, trained in the law, and was one of the judges assigned to try the first witch cases at Salem in 1692. He was so fittle in sympathy with the whole proceeding that he re fused to further compromise himself by participating In the trials. This deed was recorded in the Essex Registry of Deeds, volume 15, leaf 136, April 13, 1702; and the following copy is from this record : — To all people unto whom these presents shall come Samuel English Joseph English & John Vmpee Indians Grand Child ren & y= next true rightfull & lawfull heirs of Masquono- monit al= Muschonomet Indian dec^ who was cheif Sagamore [ 123 ] and native proprietors of y' whole Tract of land Extending from ye Southerly side of ye River merimack unto Naumkeeg al^ Bass. River lying in ye county of Efsex within ye province of ye mafsachusetts bay In New Engli^ Send Greeting whereas divers Englishmen many years since in ye life time of y<^ said Musquonomitt al^ Muschonomett & by & with his Know ledge licence & Good liking did Enter upon Subdue Improve Build & Settle an English Plantation, containing about Eight Thousand acres of land more or Lefs now called & Known by ye name of Bradford within & upon part of ye afores"* Tract of land in ye county of Efsex afores<* which said Plantation or Township of Bradford and y' lands thereof are butted & Bounded Northerly upon ye Said River Merrimack Easterly upon the Line of the Township of Newbury untill it come to ye Run of water in a certain Swamp comonly called Beaver Swamp & then Running on a Streight line to a certain Rock comonly called Hardys Rock & From thence to a white oak mark' on Three sides standing near into John Pickards ffarme So called & from thence Running near said John Pickards house & So over Johnsons Pond so called to an oak tree Standing at ye southeasterly corner of ye Pond called Little Pond and from thence to a Run of water on ye North Side of a certain hill comonly called & Known by ye Name of Philistine hill & following y' Run of water till it come to ye Line of The Town of Andover & so upon Andover Line till it come to ye River Merrimack as also a certain Island cal'^ & Known by y"^ name of Gages Island containing about six acres of land more or Lefs lying in merrimack River afores<^ now Know yee y' we y« said Samuel English Joseph English & John Vmpee y« true right- full and lawfull heirs of y« abovenamed Sagamore musquo- nomonit al* muschonnomet as well upon ye consideracon afores<* as for divers other good causes & consideracons us thereunto moving more especially for & in consideration of ye sum of Six pounds & ten shillings in currant Silver mony of NewEngl"! to us in band at & before y" Ensealing & [ 124 J I delivery of these presents well & truly Paid by John Tenny Phillip Atwood & John Boynton all of Bradford afores"* yeomen appointed a comittee by ye Rest of y' Freeholders & proprietors of ye lands within and belonging to y' said town ship ye receipt of which sum of six pounds ten shillings in mony we do hereby acknowledge & our selves to be therew"" well satisfied contented & fully paid have given granted aliened Released Enfeofed Ratified & confirmed and for Ever Quittclaimed and for us & Every of us Each and Every of our heirs Do by these presents freely fully & absolutely give grant aliene Release Enfeofe Ratify confirm & for Ever quittclaim unto ye s"^ John Tenny Phillip Atwood & John Bointon & ye Rest of y^ ffreeholders & proprietors of lands within ye said Township of Bradford their heirs & afsignes for ever all y« beforementioned Tract of land Plantation or township called Bradford containing Eight Thousand acres of land, more or less & described & butted & bounded as as above Exprefsed or howsoever otherwise ye same is Butted bounded or Reputed to be bounded & also all y' Island afores'' com only called Gages Island together with all houses Edifices Buildings trees timber woods underwoods feilds feedings pastures marshes meadows swamps ponds pools Runs Rivo- letts Stones herbage Rights members hereditaments profitts priveledges Comodities Emolum'* & appur'ees whatsoever upon ye afores'^ tract of land & Island or any part thereof or to ye Same or any part or percell thereof belonging or in any wise appertaining & also all ye Estate right title Intrest In heritance use property pofsefsion claim & demand whatso ever of us y^ said Samuel English Joseph English John Vmpee & every of us our & every of our heirs of in to and out of ye Same w"" y^ reversion & reversions Remainder & Remainders thereof & also all & Every Sum & Sums of mony or pay™'^ w'soever to be asked challenged or in any wise demanded therefore Excepting only a certain percell of Land of about three hundred acres comonly called m" Phillips hir ffarme Extending from ye afores<* River Merrimack up [ ^25] to Rouly Road and all y« meadows Belonging to said ffarme Lying within y« s"^ Town of Bradford according as said farm is Bounded To Have & to Hold all the Before mentioned to be granted & Released Lands & premises in ye actuall pofsefsion of y« said John Tenny Phillip Atwood & John Bointon & other ye freeholders & proprietors of y'' said Town of Bradford being (Except only as before is Excepted) withall ye rights members profitts Hereditaments & & ap purtenances thereunto belonging unto y^ said John Tenny Phillip Atwood & John Bointon & y' Rest of y« ffreeholders & proprietors of y« said town of Bradford their heirs & afsignes for Ever To their only proper use Benefitt & behoofe respectively for evermore ffreely peaceably & Quietly to pofsefs use occupy & Enjoy y^ same as a good perfect & absolute Estate of Inheritance In fee without the least lett deniall molestation Suit Trouble Eviction Ejection claim or demand of us y' said Samuel English Joseph English & John Vmpee or any or Either of us or any or Either of our heirs or of any other person or persons from by or under us any or Either [of] us & we do hereby for ourselves & our heirs covenant grant & agree to & with the said John Tenney Phillip Attwood & John Bointon their heirs Exe" & adm" on behalf of themselves & y^ Rest of ye freeholders & pro prietors of y^ town of Bradford afores'^ their heirs & afsignes to warrant & defend all y* said Granted & Released premises & Every part & parcell thereof unto y^ said John Tenney Phillip Atwood John Bointon & y^ Rest of freeholders & pprietors of ye s'^ town of Bradford their heirs & afsignes for Ever against ourselves & our heirs & Every of them & all & all and Every other person or persons having claiming or pretending To Have or claim any Estate Right title or Interest in or to y^ same from by or under us any or Either of us or from by or under y° s^ musquonominit al^ muschonnomet or any other Sagamore or Indian whatso ever In witnefs whereof we have hereunto set our hands & seals y« Thirtieth day of January anno Domini one thou- [ 126] sand seven hundred, Annoq R R Gulielmi Tertii angliae &c Decimo Signed seal'^ & DD in presence of us By Samuel English on march 21 1700 Samuel Hasin for Sam ^^^ Sam" ^1 English & seale mark of Robert Clement for Joseph 31 5 1701 Moses Parkre for sam , ^^ t^ » , Joseph ,IJ -» English & seale John Griffin for Joseph 31 5 1701 ye mark John ^"^ Vmpee & a seale Tho: Parley ) for John Vmpee of Joseph ffoster \ 22 ^'^h 123, 124, 128. Middleton, 3. Misery Island, 85. Mistick, 9, II, 12. Monck, George, 59, 60. Monomack River, 4. Monts, Sieur de, 4. Moody, Eliezer, 59, 61. Moulton's Misery, 86. Munnimquash, 11. Murder, 50. Muschonnomett, 113, 115, 123, 125. Muschonomet, 112, 115, 122. Muschonomett, 123. Musconimet, 27. Muscononimet, 28, Musquanomenit, 1 32. Musqunomet, 1 1 3. Musquonomet, 112. Musquonominit, 125. Musquonomitt, 123. Musquonomonet, 113, II 5. Musquonomonit, 115, 123. Mynomack River, 4. Naamkeke River, 9, n. Nahant, 9, II, 49, 50, 67, 71 ; convey ance of, 49. Nahanteau, 14. Nahanton, 10. Nahumkege, II, Nahumkeke River, 10. Nanepashemet, 12. Nantucket, Island of, 22. Nashoba Indians, 89. Nashowanon, 36. Nason, Rev. Elias, 14. Natick, 10, II, 51, 52, 54, 64, 69, 70, 79- Naugus Head, 13. Naumkeag, 6, 7, 8, 9, 10, li, 12, 35. Naumkeag Indians, 3, 13- Naumkeag River, 8, 79, 80, 112, 113. Naumkeeg River, 1 12, 113. Naumkeke, 12. Navestock, Essex County, England, 60. Neumkeage River, 79, 80. Newbury, 7, 33, 36, 37, 38, 41, 42, 43, 44, 45, 46, 47» 48, 123; deeds of, 41, 43, 44, 47- Newbury Falls, 43, 44. Newbury River, 44. Newburyport, 43, **New England Judged by the Spirit of the Lord," 61. New Haven Colony, 30. New London, Conn., 29, Newman, Rev. Antipas, 96. Newman, John, 95, 96. Nogg's Head, 13. Nonnumpanumhow, 9. Nonnupanohow, David, 78. Nonnuphanohow, David, 79, 80, 82, 83, 84, 85. Nonoponowgo, David, 54, 55, 56, 57, S8. Nonopownogo, David, 57. North Andover, 3, 35, 38. North River, 12, 13. Norton, Mr., 61. Norwich, England, III. Noyes, Dea. Cutting, 46, 47. Noyes, Rev. James, 46. Noyes, Nicholas, 46. Noyes, Col. Thomas, 45, 48. Oburn, 71. Old Town, 46. Old Will, 43, 44. Oonsumoq, John, 78. Orkhussunt River, 13. Osgood, William, 5. Ould Newbury Historical Society, 43. Owufsumug, 10. Pahpochksitt, 9. Palmer, Deacon, place, 107. Parker, Moses, 45, 48, 91, 98, 99, 100, in, 118, 120, 126, 127, 129, 130. Parker, Rev. Thomas, 36, 38. Parker River, 7. Parsons, Dea. James, 10 1. Passaconaway, 4, 5, 6, 31, 32, 35. Passaquo, 31, 32, 33. Pawtucket Falls, 8, 50. Pawwaus River, 6. Payson, Rev. Edward, 127, 128. Peabody, 13, 77- Peabody, Lt. Francis, 106. Peabody, Isaac, 131, 133. Peabody, John, 106, 107, 108, 109, no, III, 112, 113, 114, 115, 116, 117. Peabody homestead, 131. Pear tree, wild, no, 113. Peirce, Capt. Daniel, 45, 46, 48. Pennacook Indians, 3. Pennekooke, 9. Penticutt, 6. [ 142 1 Pentucket, 4, 5, 31, 32, 33. Pentucket tribe, 3, 31. Perkins, Abraham, 103, 104. Perkins, Quartermaster, 132. Perley, AUan, 106. Perley, Elbridge, 107. Perley, Humphrey, 107. Perley, John, 106, 107, 108, 109, no, III, 113, 114, 115, 116. Perley, Nathaniel, 133. Perley, Thomas, 106, 107, 108, 109, no. III, 113, 114, 115, 116, iz6, 127. Petaghuncksq, Cicely, 78, 79, 81, 82, 83, 84, 85. Philistine Hill, 123. Phillips, Rev. Samuel, 128. Phillips', Mr., farm, 122, 127, 130. Phillips', Mrs., farm, 124. Pickard's, John, farm, 123. Pickard's, John, house, 123. Pike, Joseph, 46, 47. Pirates, 50. Pitman, Thomas, 52, 53, 63. Platts, Samuel, 118, 119. Plough Plain, 64, 65. Ponham, Mary, 75. Poore, JVIaj. Ben : Perley, 41. Poquanum, 8, 49, 50. Poquanum, Thomas, 50. Porter, E. A., 34. Porter, Israel, 77, 79, 80, 81, 82, 83. Porter's River, 13. Portland, Me., 50. Potoghoontaquah, Susannah, 8- Potter, Robert, 68, 70. Pouomeneuhcant River, 13. Powwow River, 6. Powwows, 6. Praying Indians, 51. Prichard, John, 133. Protestants, French, at Rochelle, 25. Punkapog, 51. Purchas, Oliver, 68, 70. Quakers, 61. Quanapakanatt, Israel, 59. Quanapohkowat, 51. Quanapohkowmet, 51, 53. Quanapohkownat, Israel, 54, 55,56,57, 58, 59- Quanapohkownat, James, 54, 55, 56, 57, 59. Quanapohkownat, John, 54. Quanapohkownat, Joseph, 54. Quanapohkownat, Sarah, 54. Quanapokwait, 51. Quanophkonatt, Jone, 59. Quanophkonatt, Joseph, 60. Quanophkownat, Israel, 82, 84, 85. Quanophkownat, James, 81, 82, 84, 85. Quanophkownat, Joane, 84. Quanophkownat, Jone, 59. Quanophkownatt, Israel, 78, 79, 81, 82, 83. Quanophkownatt, James, 59, 60, 78, 79. 82, 83, 84. Quanophkownatt, Jane, 84. Quanophkownatt, Joane, 78, 79, 81, 82, 83, 85- Quanophkownatt, John,^ 78. Quanophkownatt, Jone, 60. Quanophkownatt, Joseph, 59, 60. Quanopokowait, Jone, 52. Quanupowit, 67 Quonopohit, James, 69, 72, 73, 74, 75. Quonopohit, Mary, 69, 72, 73, 74, 75. Quascacunquen River, 7. Quascunquen River, 7. Queacheck, 15. Queakussen, Thomaa, 8, 9, 50. Quechig River, 15. Quehusson, Thomas, II. Quichechacke, 15. Quichlchwich, 15. Quyacheck, 15. Read, Richard, 52, 53. Reading, 67, 68, 69, 70, 71, 7a, 73, 74, 80. Rhode Island, 2S. Richmond's Isle, 50. Riddan, Thaddeus, 52, 53. Right, Indian, to the soil, 16, Ring, Jarvis, 129. Riviere du Gas, 4. Rochelle, 25. Rockport, 102. Roger, 38, 39. Roger's Brook, 39. Roger's Rock, 39. Rogers, Rev. Ezekiel, 128. Rowley, 15, 38,39,47,107, 110,113, 116, 118, 119, 122, 127, 128; deed of, 118, 119. Rowley road, 125. Royal Society, 30, Ruck, John, 77, 79, 80, 8i, 82, 83. Ruler of the Indians, 10, 11. Rum, 112, 117. [ ^43 ] Rumney Marsh, 68, 69, 70. Rumney Marsh Creek, 71. Rumney Marsh River, 71. Rumney Marsh, James, 8, 9, 10, 11, •3, 54, 56, 57, 58, 59, 6°, 64, 65, 66. 67,78, 79, 81, 82, 83, 84, 85. Sagamore Hill, 6, 50. Saggahew, 31, 32, 33. Salem, 8, 9, 11, 12, 13, 16, 26, 27, »9, 43. 55, 60, 61, 62, 71, 75, 77. 78, 79, 80, 81, 82, 83, 86, 87, 89, 91, 92, 96, 98, 102, 122, 130; deeds, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86. Salem Bay, 3. Salisbury, 33, loi, 129. Salt-works, 29. Saltonstall, Nathaniel, 33, 34, 122, 126. Sam, 64. Sarah, 9, 10, 11, 45. Sargent, William, 5. Saugus, 9, 12, 14, 67. Saugus River, 14, 49, 64, 65. Saugust, 12, 14. Sawgust, 9. Scriveners, 61, 67. Seals, 60, 85. Sewall, Henry, 43, 44, Sewall, Chief-Justice Samuel, 43. Sewall, Stephen, 12. Sewall farm, 44. Shashene River, 15. Shashin River, 15. Shashine River, 15. Shawsheen River, 15. Shawshene River, 15. Shawshin River, 15. Shenewemedy, 14. Sherratt, Hugh, 32, 33. Shot, 39. Shute, Zachariah, 67. Sicily, 9, 10, II. Sign of the Blue Anchor, 60. Silver, 67. Simondes's, 12. " Simple Cobler of Aggawam," 32. Skelton, Rev. Samuel, 13. Smith, Capt. John, 6. Soewamapenessett River, 13. Soil, Indian right to the, 16. Somerby, Anthony, 41, 42. South Congregational Meeting-House, Andover, 39. Speen, James, 89. Spot Pond, 10. Squam, 7. Squamscott, 13. Squaw Sachem, n, 12, 36. Stanton, Highworth, Wiltshire, England, 36. Stevens, Lt. William, loi, 102, 103, 104, 105. St. Lawrence River, 4. Su-George, 69, 70, 72, 73, 74. Suntaug Pond, 13. Swain, Capt. Jeremiah, 68, 70. Swampscott, 13, 67. Taverns, 60, 92, 107, 131. Tenney, Ens. John, 120, 121, 124, 125, 126. Territories, tribal, 3. Thomas, John, 89. Titcomb, William, 42. Tom, Captain, 8, 9, 50, 78, 79, 81, 82, 83, 84, 85. Tom, Great, 41, 42, 43. Tonotoughoquonug, John, 54, 55, 56, 57, 58. Tontohqunne, John, 78, 79, 80, 81, 82, Tookuwompbait, 10. Toppan, Abraham, 41, 42, Topsfield, 14, 27, 80, III, 131, 132, 133, 134; deed of, 131, 132, 133, 134- Tribal territories, 3. Trinity College, 25. Trumbull, J. H., 7. Tuntohqunne, John, 83. Tyler, Thomas, 86, 87. Ukqueakussennum, Thomas, 79. Ukquenkussennum, Thomas, 78. Uksqueakussennum, Thomas, 83. Umpee, John, 93, 94, 95, 98, 99, 100, 106, III, 112, 113, 114, 115, 117, Ii8, 122, 123, 124, 126, 127, 130. Upper Falls, 44. Usqueakussennum, Thomas, 81, 82, 84, 85. Waabaquin, John, 11. Waban, Thomas, 10. Waches, Jeremiah, 90. Wahquack, 13. Wahquainesehcok, 13. Walton, Nathaniel, 52, 53, 63. Walton, Rev. William, 53. [ H4 ] Wamesick, 64. Wamesit, 8, 50, 64. Wampampeage, 26, 37. Wanapawequin, Sarah, 59. Ward, Rev. John, 32, 33. Ward, Rev. Nathaniel, 4, 14, 32. Ward, Capt. Samuel, 52, 53, 55, 56, 57. 58. 62, 63. Ward's, Mr., plantation, 32. Wardwell, Samuel, 74, 75. Warwick, Countess of, 61. Washington, D. C, 41. Wattawtinnusk, 78, 79, 81, 82, 83, 84. Wattawtinnuske, 85. Wauban, Thomas, 10. Wauches, Betty, 88, 89, 91. Wauches, Jeremiah, 88, 89, 90, 91. Wawches, Jeremiah, 90. Wayband, 51. Waymessick, 78. Webb, Capt. John, 4, 5. Webcowit, 12. Wehehuf, 9. Wenepawweekin, 54, 55, 69. Wenepawweekin, Sarah, 54, 55, 56, 57, 58. 59- Wenepawweekin, Susannah, 54, 55, 56, 57, 58, 59.. 6o- Wenepawweekine, 68. Wenepoykin, 50. Wenham, 18, 80, 96, 98, 99, 100; deed of, 98, 99, 100. Wessacucon, 7. West, Capt. Thomas, 85. White, Charles, 34. White, John, 64, 65. White, William, 32, 33, 34. Whittier, John G., 5. Whittridge, Thomas, 95, 96. Wigwams, 12, 49. Will, Black, 49, 50. Will, Old, 43, 44. Will's Hill, 71, 116. Will's Hill men, no, 113. William III., 48, III, 129, 133. William, Duke, 49. Williams, Rev. Roger, 7, 16. Williams, William, 18, 19. Wine, 37. Wingaersheek, 7. Winnepurkin, n. Winnesimet, 13. Winter, William, 49. Winthrop, Adam, 26. Winthrop, Dean, 26. Winthrop, John, 4, 15, 17, 25, 26, 27, 28, 29, 132. Winthrop, Robert C, 25, 27. Winthrop, Capt. Wait, 27, 29. Winthrop's, Mr., farm, 25. Witchcraft, 43, 75, 76, 91, 122, 130. Woburn, 71, Wonasquam, 7. Wood, David, 108, 116, 117 Wood, William, 6, 7. Woodberry, Joseph, 97. Woodberry, Thomas, 91. Woodberry, William, 85. Woodbrldge, Rev. John, 15, 36, 38, 39. Worth, John, 46, 47. Worth, Lionel, 46. Wossameagon, 36. Wuttaanah, Sam, 83. Wuttaannoh, Samuel, 78, 83, Wuttaanoh, Sam, 79, 80, 82. Wuttannoh, 9. Wuttaquatimnusk, Sarah, 78. Wuttaquatinnusk, Sarah, 79, 81, 82, 83. Yawataw, 78, 79, 81, 82, 83, 84, 8;. ONE HUNDRED AND EIGHTY-THREE COPIES PRINTED AT THE RIVERSIDE PRESS CAMBRIDGE, MASSACHUSETTS FOR THE ESSEX BOOK AND PRINT CLUB 3 9002 00525 3001 YALE