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PUBLICATIONS OF THE
ESSEX BOOK AND PRINT CLUB
NO. Ill
INDIAN LAND TITLES
ESSEX COUNTY, MASSACHUSETTS
c/" e ,,
^'\ I yjndian Siaamp %C.
\\ / MERRIMAOK \ , ^, _. J i?
»-' A * Indian F eld /V
Map of
Indian Lands and Localities
in
Essex County
Massachusetts
By Sidiifj Pirky
SCALE OF MILES
MA S SACHUSET T S
THE
INDIAN LAND TITLES
OF ESSEX COUNTY
MASSACHUSETTS
BY
SIDNEY PERLEY
SALEM, MASSACHUSETTS
ESSEX BOOK AND PRINT CLUB
1912
/ 3L
£^7 "pt^
2
1?
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
23
25
31
35
41
49
51
64
11
88
93
98
lOI
106
118
120
135
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
BLEHEAD
31 ^
Deed of Indian Field, in Newbury . . 43 /-^
Deed of Marblehead ....
Seals on Deed of Marblehead • • • 55
Attestation of the Witnesses to Deed of Mar-
51 V
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 i--
Attestation of the Witnesses to, and Acknow-
ledgment of, Deed of Salem . . .85
Residence of Thomas Perley, in Boxford . 107 /^
INTRODUCTION
THOUGH 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 2.
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 ]
[4]
and aukcy " 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 2, leaf 74.
3 Voyages of Samuel de Champlain, Boston, 1 880, volume i, page
51-
*> History of Andover, by Sarah I.oring 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 2, leaf 74.
* Dictionary of American Indian Place and Proper Names in New
England.
3 Deed of William Huntington to William Osgood, 24 : i : 1662.
— 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 2, leaf 201.
[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 1 631, 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, 163 i.
* 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 of Massachusetts of the Indians lying
within what are now the limits of Essex County was
' Chebacco is spelled ** Jebacho " in deed of John Burnum, St.,
of Ipswich, to Jonathan Cogswell, of Ipswich, June 28, 1703, show-
ing that the first syllable had the sound of je. — Essex Registry of
Deeds, book 15, leaf 192.
2 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]
called Naumkeag, which means " Fishing place,"
from namaaSy 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 fiue 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. "j^^ 1686. before me Barth° Gedney
one of his Maj''" Councill 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 "j^^ 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 Si. 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 lining 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 -^ / 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^ 17'^'^ of 7 ^^
1686. before me Daniel Gookin Sen"^ appointed & author-
ifed by y"' prefident & deputy prefident of his Maj*'^^ 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 of y' Councill
[ 'O]
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 ye 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 ye 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 vntoy^ Truth of the
[ ■> ]
aboues*^ 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 areThomasQuehufson& 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
[ 12 ]
Inhabiting in thefe parts : Sworne marblehead December y«
24. 1694. before vs.
John Hathorne Just. P« iff Coram
Benjamin Browne
John Higginson j >^ P'"""
To y« best of my Remembrance when I came Ouerwith
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° bothy^ 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*^^ 16 94 : 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. Sewall 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-
[•3]
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.' 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 207.
* Records of the Massachusetts Bay Colony, Boston, 1853, volume i,
page 97. This grant was made July 3, 1632.
3 Records of the Massachusetts Bay Colony, Boston, 1853, volume i,
page 97. This grant was made the same day as the Endecott grant.
4 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.
[ 14]
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.s 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 liis Dictionary of American
Indian Place and Proper Names in New England.
' Gazetteer of Massachusetts, by Rev. Elias Nason, page 352.
3 History of Lynn, by Alonzo Lewis, page 58.
4 Dictionary of American Indian Place and Proper Names in New
England.
5 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 211.
^ Gazetteer of Massachusetts, by Rev. Elias Nason, page 504.
9 New Hampshire Historical Societf s Collections, volume 8, page
451.
[ -J]
wrote it Quichechacke and Quichichwich,' Rev. John
Woodbridge spelled it Quichichwich in a letter to
Governor John Winthrop in 1640-41/ The name
was also called Queacheck and Quy acheck. The stream
running through Cochickawick was called Shawshin
River, which is said to mean smooth, or glossy.* The
name is also spelled Shashene, Shashin, Shashine,
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 Quechig,'
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 2.
' 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 72.
5 Essex Registry of Deeds, book 15, leaf 129.
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]
[ ■?]
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
habytation, 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 3 1 1 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 New England 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 I 3 William III, chapter 11 ; Province Laws (Massachu-
setts), volume I, page 471 ; Noah Clark versus William Williams
et al., 1 9 Pickering, 499 (1837); Amos Brown et alt. 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, 1853, volume
I, page 400.
* Records of the Massachusetts Bay Colony, Boston, 1853, volume
I, page I I 2.
J Noah Clark versus William Williams et ah, 19 Pickering, 499
(1837).
[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, 1 70 1, 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 1633-34, 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 13 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 w^hat-
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
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
~f-ni Cy-fi.k< ^^^"o/C ^..^Xfk^ X^i f*-^*^ ^*-t^'f'**^^ Cr-^i:^^
"^^-. ^^^***,.^h^ h^fx^ 4^\^ Cc^ it>(^z yp-HtUt^
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, 16^2-23, 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 Mafkonomett 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-H Hilliard
H
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.
'T^^-^
4 "4
a J-;
•■^
11 : ^ C^^
vj
1
u
^s|>l::
^
\< -■ ^
^ S ^
[^7]
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 Sagamoreof Agawam, doe by theifep'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 Satil'facon, 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 aflignes for euer, and to Secure him againft the
tytle and Claime of all other Indians and natiues what foeuer.
Wittnefle my hand this 28. of June 1638.
Wittnefles herevnto
Jn° Joylife Thomas Coytimor^ Muscononimet
James Downinge />
ROBART HaRDINGE ** \ t-
his marke
The persons whose names appear as witnesses to
this deed were connected with Boston, and apparently
the deed was executed there. Thomas Coytimorewas
a resident of Charlestown, and after his death his
widow married Governor Winthrop, father of the
grantee, in December, 1647. ^^- Coytimore 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.
,rl}
[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' Win-
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 Braintree. 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 hec
had receiued 20' of M' John Winthrope, Junior, for all his land in
Ipswich, for w*^^^ hee acknowledged himselfe fully satisfied." —
Records of the Massachusetts Bay Colony, Boston, 1853, volume 1,
page 252.
^ Records of the Massachusetts Bay Co /ony, Boston, 1853, volume
I, page 279.
3 Ipswich Town Records.
[ 3°]
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 Haverh.ll dated Nov. 15, 1642. Reproduced two-thirds
of the s.ze of the original, which is in the possession of the
Haverhill Historical Society.
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, 1 67 1, in the Town Records of Haverhill in 1680,
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 p''fents that wee : Paflaquo : and
Sagga Hew, w*'' the confent of Paffaconnaway : 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 2, page 209.
^ Ipswich Registry of Deeds, book 4, page 383.
Iv ]
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 pi'fents of vs : wee the faid
Paffaquo & Saggahew haue Receiued in hand for & in
confideracon of the fame three pounds & ten shillings
John Ward the marke of
Robert Clements ^^S^
Tristram Coffyn Passaquo f [seal]
Heugh Sherratt T
William white The marke of
The figne of ^
Thomas ^^7 Dauice Saggahew ; .. ^■'"J^'^s.
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
[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 Ply mouth, 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
j\/[r ji^o Ward ; & w™ White, & The. Davis do tesdfie 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 ye ^.th 1680 before
Nath : Saltonstall Jssist;^
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
II, page 27.
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^^^Qm guy
constraint or pswasion, but, of o'' ovvne free motion, put o''selues, 0^
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
Woodbridge of Newbury was installed as pastor. Mr.
Woodbridge 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. ^^ entered Harvard
College, and was the first graduate. He was master
Majsachusets, to bee governed & ptected by them, according to
their iust lavves & orders, so farr as wee shalbee made capable of un-
derstanding; & wee do pmise for o'selues, & all o^ subiects, & all
0' posterity, to bee true & faithful! to the said government, & ayding to
the maintenance thereof, to 0' best ability, & fro™ time to time to give
speedy notice of any conspiracy, attempt, or evill intension of any
which wee shall know or l\eare 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, w^^ made heaven & earth, &
not to blaspheme him.
•* An: We do desire to reVence 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.
"2. 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
[37]
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 New England, 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
w'^in 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 honC their parents & all their supio^'s.
*' An : It is their custome to do so, for the inferiors to honor 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 lust, 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.
'"J. Not to steale. An : Tkey 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. Woodbridge 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 Woodbridge closed his pastoral relations with Andover
in 1 647, and went to England, where he became chaplain of the court
of commissioners which tried, convicted and executed King Charles I,
in 1649. Mr. Woodbridge 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.
[39 1
The record of this release is as follows : —
At a Gene''al Co'^te, at Boston, the 6^^ 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, Sc
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^ Coi'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 Roclc^ 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
II, page 159.
* Roger's Rock was near the present site of the South Congrega-
tional meeting house.
[4o]
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 i6, 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 Poore, 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 seale 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 1 65 1, 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
cleric 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.
I'^u.ym l^ifl-e.^'Ti- J^{il7t4^ ^ pntir /'art i
Hc-nrf^ S&uJ<tJi i>&^rc ■j,,^ fe^ij^^ 9^ 3.vm,
fzC<x/r
^£> 4^-ti«jt^
gi^o \daJl iC^y jj^tl Ip^Lre Lcrto^ar y^i^rrC »!|
i>«.rz.v Y\Aj^i^ y^«^A^ 14^ jiL. ^xjt^ iAA:^-rcA*-^ <~:- r ^•'<-
•
^
v
'4i ^ <-' ' '^' VAST c^ef :^^ ^r%'a^, ^r^.^\
''fH ^fU^^di^&n OTte &u^yt^ ^^i^^ o^cre<^\Mh
[43 ]
was prominent in Newbury, which he represented in
the general court in 1655 and 1656.
Other than in this deed there is no reference to
Great Tom in existing records.
The next deed executed by an Indian of lands in
Newbury is that of Job, H agar, and Mary, Job being
apparently a grandchild and Hagar and Mary daugh-
ters of Old Will, who had formerly lived at New-
bury Falls, now within the limits of Byfield Parish,
and at the time of drawing the deed was deceased.
The premises described in the instrument consisted of
about one hundred and sixty acres of land, called " ye
Indian field," and all their other land in Newbury.
The consideration of the conveyance was six pounds,
thirteen shillings, and fourpence; the grantee was
Henry Sewall; and the date of the deed was May 14,
1 68 1. Henry Sewall lived in Newbury, having emi-
grated with his father from Coventry, England, in
1634. He was about fifty-five years old at the time
this deed was executed. He was a prominent and
influential man in Newbury, being representative to
the general court in 1661, 1662, 1663, 1666, 1668,
and 1670. He was father of the distinguished
Chief-Justice Samuel Sewall of Boston, who was
connected with the witchcraft trials at Salem in
1692.
The original deed is written on paper, and meas-
ures about nine inches in length and seven in breadth.
The original document is in existence, and deposited
with the Ould Newbury Historical Society, at its
rooms in Newburyport. There is no known record of
it, and an exact reproduction of it is given herewith.
[44]
The following is a copy taken from the original
instrument : —
To all People to whom this prefent Deed of Sale shall
come : Job Indian, Grandchild, Hagar Indian &i Mary Indian
Daughter to Old Will Indian late of Newbury Falls deceafed
To Mr. Henry Sewall of Newbury in y« Mafsachufets Col-
ony in New-England Send Greeting &c. Now Know ye
that the f"^ Job, Hagar & Mary — Indians for good caufes them
thereunto moving, and efpecially in Confideration of Six
Pounds thirteen Shillings & four Pence a piece in Hand paid
to each of them by f'i Henry Sewall before ye Sealing &
Delivery of thefe Prefents, with which Sumes they acknow-
ledg themfelves fully Satiffyed & Paid Have Given Granted
Bargained Sold and ye f^ Job, Hagar, & Mary doe by thefe
Prefents fully and abfolutely Give Bargain Sell Aliene, En-
feoff & Confirm unto ye fd Henry Sewall one parcell of Land
lying in Newbury abouefaid Buttelled and Bounded as fol-
loweth viz. on y'^ Northerly Side with y^ great Brook run-
ning along y^ High-Field, on y^ Westerly side with a Line
runne from ye head of sd Sewall's Farm to y^ Uper Falls
at or near Andover Road, and on the Southerly Side with
Newbury Riuer ; being comonly called y^ Indian Field, con-
taining by Eftimation one hundred & Sixty Acres be it more or
Lefs, together with all their Land in Newbury Bounds though
without ye fd Lines, with Rivers, Brooks & Springs of Water,
Trees & Herbage To Have and to Hold ye fd parcell of
Land with all Priviledges & Apurtenances thereto belonging
unto faid Henry Sewall his Heirs & Afsigns for Ever. More-
over ye {'^ Job, Hagar and Mary acknowledg themfelves to
have lawfull authority to Convey sd Lands, and y* no other
Indians Can lay any rightfull Claim to them ; and they oblige
themfelves Heirs Sc Afsigns to give up all their Writings & Ev-
idences concerning it into y^ Hands of fd Sewall his Heir &
Afsigns and that they will give hereafter more ample Afsur-
ance of y^ Premlfes to fd Sewall &c. He requiring y^ Same,
[45]
by Deed or other legal way : In Witnefs whereof the fd Job,
Hagar ; & Mary Indians have Set to their Hands & Seals this
fourteenth day of May one thoufand fix hundred Eighty & one
Job Indian -r [seal] Mary /y^ [seal]
his Mark X Indian's mark
Why Hagar did not sign this deed is unknown.
The deed of the territory of the town of Newbury
was executed by Samuel English, son of Sarah, and
grandson of Masconomet, the sagamore of Agawam.
The identity of Samuel English was proved by the
oaths of Joseph Foster of Billerica and Moses Parker
of Chelmsford January lo, 1700-01, when they ap-
peared before Daniel Peirce and Thomas Noyes, both
of Newbury, justices of the peace and of the quorum.'
These justices were prominent men. Captain Peirce
was born in Newbury May 15, 1642, being son of
• «' The Depofition of Joseph fFoster Testifieth & saith that he did
know Sarah y^ Daughter of Mafchanominet the Sagamore of Aga-
wam & further that Samuel English was reputed to be her Eldest
Sonne now Suruiuing Joseph fFoster appeared y® Tenth Day of
January i 700 & made Oath to y^ Truth of y^ above written Tes-
timony before vs:
" Daniel Peirce ] Juftices of
Thomas Noyes j ^« peace "
*' The Depofition of Mofes Parker Testifieth & Saith that he very
well knoweth that Samuel English is y^ reputed Son of Sarah the
Daughter of y« Sagamore Mafchanominet & Eldest Son now Suruiuing.
"Mofes Parker appeared the Tenth Day of January 1 700/1 &
made Oath to y^ Truth of y^ aboue written Testimony before vs.
Tk D r Juftices of
Daniel Peirce \ -^ -^ . -^
f peace
Thomas Noyes (^ ^^^^^^ ^,^^^,
Essex Registry of Deeds, book 14, leaf 67.
[46]
Daniel Peirce, a blacksmith, who came from London,
England, about 1637. Captain Peirce was fifty-eight
years of age at this time. He had represented the
town of Newbury in the general court in 1682, 1683,
and 1692. Colonel Noyes was a son of Rev. James
Noyes, and was born in Newbury August 10, 1648,
being at the time these affidavits were made fifty-
two years old. He represented the town in the general
court in 1692 (with Captain Peirce), 1693, ^^94-y 1696,
1698 and 1699.
The grantees of this deed were Cutting Noyes,
Joseph Knight, Richard Dole, John Worth, and Jo-
seph Pike, the selectmen of Newbury "in the behalfe
& for y^ vfe & propriety of Said Towne of New-
bury." The consideration paid was ten pounds in cur-
rent money. Of these selectmen, Cutting Noyes was
a son of Nicholas Noyes, and was born in Newbury
September 23, 1649, being at this time fifty-one years
of age. Deacon Noyes was a prominent man in the
town and church. Joseph Knight was a son of John
Knight, Jr., and was born in Newbury June 2 t , 1652,
being therefore forty-eight years old. He lived in Old
Town, and apparently led a quiet farmer's life. Richard
Dole was a son of Richard Dole, a native of Bristol,
England, and was born in Newbury September 6,
1650, being at the time this deed was executed fifty
years of age. He also led a quiet life. John Worth
was a son of Lionel Worth, and was born in New-
bury September 18, 1664, being at this time thirty-
six years old. Joseph Pike was a son of Joseph Pike,
and was born in Newbury April 17, 1674, being the
youngest member of the board of selectmen, and
only twenty-six years of age.
[47]
The deed is dated January lo, 1700-01; was ac-
knowledged on the same day; and recorded, three
days later, in the Essex Registry of Deeds, book 14,
leaf 67. The following copy of this deed is taken
from this record: —
To all people to whome thefe p'^sents Shall come Samuel
English Grandfon and hier of Mafconomet the Sagamore of
Agawam an Indian in y^ province of y^ Mafsachufets in New
England Sendeth Greeting Know yee that y^ Said Samuel Eng-
lish good & Sufficient Reafons & confideracons mouing him
Therevnto but Especialy for & in Confideracon of y« full &
Just Summe of Ten pounds in Currant money of New Eng-
land truly paid vnto me by Cutting Noyes Joseph Knight
Richard Dole John Worth & Joseph Pike Select men of y«
Towne of Newbury in y^ Countey of Efsex in the Mafsa-
chufets Bay in New England in y^ behalfe of Said Towne
of Newbury wherewith I The Said Samuel English doe hereby
acknowledge my Selfe fully Satisfied paid & Content for Euer
Haue giuen granted bargained & Sold & doe by thefe prefents
for me my hiers Executo'^ adminiflirators & afsigns for Euer
giue grant bargaine Sell & Confirm vnto y^ abouesd Select
men in the behalfe & for y'= vfe & propriety of Said Towne
of Newbury and Thier hiers for Euer a Tract of land Con-
taining Ten Thoufand acres be it more or lefs lying within y^
Towneship of Said Newbury & Containeth the whole Towne-
ship of s'* Towne & is abutted and bounded Eafterly by y*'
Sea northerly & northwesterly by Merrimack riuer westerly
by Bradford Line & Southerly by Rowley Line together with
all y^ wood Timber lands grounds Soyles Waters Streames
Riuers Ponds fishings huntings stones mines mineralls heredita-
ments & all The appurtenances belonging to y^ Same & Euery
part thereof within Said Towneship To Haue & To Hold
to Them y= Said Cutting Noyes Joseph Knight Richard Dole
John Worth Joseph Pike Select men in y« name & behalfe
& for y^ vfe benefit & behoofe of s<^ Towne of Newbury &
[48]
Thier hiers Executors adm^s and afsigns in peaceable & quiet
pofsefsion for Euer freely and Cleerly acquitted releafed & dis-
charged of all & from all manner of Claims & demands what-
soeuer and further I y^ Said Samuel English doe hereby Coue-
nant promife & grant to & with y^ Said Select men in the
behalfe of s'^ Towne that at and vntill y^ Enfealing & deliuery
of thefe psents I had good right full power & lawfull author-
ity to grant & Convey y^ abouesaid premifes with y^ apurte-
nances and Every part Thereof as aforesaid it defcending to
me from Mafchanomett Sagamore as aforesaid & I y^ Said
Samuel English shall & will for Euer hereafter fully & freely
releafe & relinquish my whole right & Title therevnto &
Euery part thereof hereby binding my Selfe hiers Executors
adm^* for Euer to defend y^ Said Select men and The Towne
of s'^ Newbury in their pofsefsion of all the aboue granted &
Specified premifes & thier hiers for Euer from y^ Lawfull
Claimes of all manner of perfons whatsoeuer in any manner
of wife In Witnefe whereof I The Said Samuel English
haue herevnto Set my hand & Scale This Tenth Day of
Jan'y Seuenteen hundred alias Seuenteen hundred & one &
in the Twelfth yeare of y^ Reign of our Soueraign Lord
William y^ third King ouer England &c.
Signed Sealed & Deliuered
in p^'sence of vs Signum
Joseph ffoster Sen" Sam'-'- ^"^^ English & Seale
Moses Parker
Jon* ffairebank.
Samuel English y^ Suruiuing hier of y^ Mafconomet y*
Sagamore of Agawam appeared before vs y^ Subfcribers y*
Tenth day of January in the Twelfth yeare of his Maj*'«^^
Reign Annoq Domini 1 700/1 Si acknowledged This aboue
written Instrument to be his act & deed before vs.
Daniel Peirce 1 Juft'ices of
Thomas Noyes / j« peace
THE CONVEYANCE OF NAHANT
PoQUANUM, sachem of Nahant, had a complexion
much darker than the other Indians of that locality,
and for that reason was called Black Will. He was
also known as Duke William. In or before the year
1632, he conveyed the peninsula of Nahant, for a suit
of clothes, to Thomas Dexter, who lived near the
ironworks on Saugus River. He was known as Farmer
Dexter. There is no record of any deed in confirma-
tion of this sale, and most that is known about it is
contained in the affidavits on file in the office of the
clerk of courts, at Salem, in a suit at law brought by
Mr. Dexter against the town of Lynn for trespass in
feeding cattle and building houses on Nahant. This
was in the year 1657.'
* Christopher Lindsey deposed as follows : —
•♦ This I Chriftopher Linfie doeteftifie that Thomas Dexter bought
Nahant of Blacke will or duke william & Imployed me to fence pte of
itt when I liued w^ Thomas Dexter
" This is A coppie of an oath taken before me fFra: Johnfon
Comiflione' 15''^: 2™°: 1657
"memorand: Lindfy denyed in court that he was euer prefent at
any bargaine &c."
William Winter deposed as follows: —
*'The teftimonie of william winter Aged 73 years or theirabouts,
Teftifieth that Black will or duke william foe Called came to my houfe
^^h ;yas two or three miles from Nahant) when Thomas Dexter
had bought Nahant of him for a futt of Cloths, the faid Black will
Afked me what I would giue him for the Land my houfe ftood vppon,
itt beinge his Land, and his fFathers wigwame ftood their abouts, James
Sogomore & John, & the Sogomo'' of Agawame & diuers more, And
George Sogomer beinge a youth was p^fent all of them acknowlidginge
[49]
[ 5°]
Poquanum was always friendly to the English, and
his end was sad as well as tragical. He was found at
Richmond's Isle, near Portland, Maine, by a party
who were in search of pirates, and they charged him
with the murder of Walter Bagnall, who had been
killed by Indians a year or two before. He was un-
doubtedly guiltless of the crime, but one Indian was
the same as any other Indian, and he was hanged.
He had several children, — Ahawayet, who married
Wenepoykin, Queakussen, who was also called Captain
Tom, or Thomas Poquanum, and lived at Wamesit,*
near Pawtucket Falls, and a daughter who married
Sagamore George.
Black will to be the Right owner of the Land my houfe ftood one &
Sogomor hill & Nahant was all his and further faith not
"This is A Coppie of an oath taken before me fFra: Johnfon
Comiffioner 15^^ 2»o 1657"
— Salem garter ly Court Files, book 3, leaf I 18,
' See his deposition on pages 8 and 9.
Deed from Joane Quanapohkownat and others to Capt.
Samuel Ward and another, trustees for the proprietors of the
town of Marblehead, of the territory of Marblehead, dated
July I 8, 1684. Reproduced about one-fourth of the siz,e of
the original, which is on parchment and framed and hung on
one of the walls in the office of the town cleric, in Abbot
Hall, Marblehead.
*^
r-- ft,,,.-..,,..
^^>i:i„J^,^-i;
foi'.ttiRci^',',
;^,.„^^,
aiu- . o.^,..-^J„ ,hc ,.j, ,.„: , ,^, . , ,
' '**J*w«W*<«f»**»««»*»t'" .
.fort**-,),-; (rr.-/rir;</S?^, ./iwft//,^]', C„rrty ,,,,
Jtl i.
':'\h-^i-
.-«/;;.—.■.,.;» ,^',- .-r:
Ti^^vrjir^-^
C
THE DEED OF MARBLEHEAD
In the Indian court held at Natick August 15, 1672,
Ahawton, of Punkapog,' aged about seventy, the
native ruler of that town of praying Indians, and an
old and faithful friend of the English, stated under
oath that he knew that George with No Nose was
sagamore of the Marblehead territory, and as such,
according to the ancient custom of the Indians, he was
the chief proprietor ; and James Quanapohkowmet was
a near kinsman to George with No Nose and inter-
ested in that territory. On the same day, in the same
court, George with No Nose and his kinswoman, Jone
Quanapokwait, appeared and agreed and declared that
all the right of the Sagamore to the territory should
belong to James to dispose of, and George with No
Nose agreed to join with James in a deed of it, pro-
viding he had one half of the consideration.
June 10, 1681, Wayband and Piam Bowhow, Ind-
ians, each aged about seventy-seven, appeared before
Daniel Gookin, Sr., an assistant, and under oath nar-
rated the events stated in the preceding paragraph.^
" Stoughton, Massachusetts.
» "Old Ahaton of Punkapog aged about Seaventy years affirmeth
apon his oath y^ he Knows y* George Saggamore w^b no nose was
Saggamore of y^ place, where marblehead is seated, & according to y^
old Indians Custome he y^ s^ George Saggamore was cheife proprietor
of those lands att marblehead, yet moreover he knows y* James Quana-
pohkowat is neer Kinsman to y^ s<^ Saggamore & is also interested in
those lands Sworn in y^ Court att natick y^ 15: 6*^ mo: 1672
attested by Dan" Gookin affistt:
*• Wayband aged Seaventy Seaven years & Piam Bowhow aged
[ 5' ]
[ 5^]
Later, James and some other Indians made a claim
to the territory of Marblehead ; and a meeting of the
commoners and proprietors of the town was held July
14, 1684, to consider the matter. It was agreed that
a committee be appointed to investigate the claim.
This committee consisted of Moses Maverick, John
Devereaux, Captain Samuel Ward, Thaddeus Riddan,
William Beal, Thomas Pitman, Richard Read, and
Nathaniel Walton, together with the selectmen of the
town. It was also voted that, in case the committee
reported that any part of the claim was valid. Captain
Ward and Mr. Devereaux be authorized to settle with
the Indians and obtain a deed from them. At the same
meeting it was also voted that whatever was paid to
the Indians for their deed and the necessary expenses of
the service of the committee would be repaid to them.*
about Seaventy Seaven years doe apon y' oathes affirme to y^ truth
of y^ above written testimonie y^ lo^b of June 1681 before DanU
Gookin s^ Assistant
*' Georg. Sagamore w^^ no nose appeared in y^ Court held at
Natick among the Indians y« l^^^ of 6 month 1672 & also there ap-
peared Jone Quanopokowait Kinsman to y^ s^ George they both agreed
& declared in open Court y* all y« right of George Saggamore in the
Lands of Marblehead of Antient tyme, George he Consents y*^ :
James shall have it, dispose of it & he will joyne w*^^ him, to make y^
deed for it apon Condition y* Georg Saggamore is to reseeve one
moiety of y^ paye & y^ : other Contraly to reseeve y^ other half Don
in Court att Natick y* 15 of august 1672
" as Attest Dan^^- Gookin
"These are Copies taken out of y*^ Courts records att Natick this
19: of June 1684 as Attest:
"Daniell Gookin s^ Assistant^''
— Essex Registry of Deeds, book 7, leaf 8.
' "Julie 14th 1684
*' Att a metting of the Comoners and proprietors legally warned
[53 ]
Apparently, James convinced the committee that
he had a claim, as Messrs. Ward and Devereaux paid
him and his associates fourteen pounds and thirteen
shillings for the release of their title to the territory.
Of this committee, Moses Maverick was a mer-
chant, and lived in Marblehead as early as 1637. John
Devereaux was a fisherman, and with Mr. Maverick,
was of the first board of selectmen, in 1648. Captain
Ward was a vintner and cooper, and had lived there
for a score of years at least. Thaddeus Riddan was a
merchant, having moved from Lynn to Marblehead
ten years or more previously. William Beal had lived
there as long as Mr. Riddan. Thomas Pitman was
of Marblehead when it became a town, in 1648.
Richard Read was a fisherman, and well along in
years ; and Nathaniel Walton was son of Rev. William
Walton, the pastor of the church for many years, who
had died sixteen years before this transaction.
The Indians who became parties to the deed were
upon ocation of Jaems the Indeon and sume other Indeons pretending
a title and Claime to the township of marblhed:
" it is votted and agread to by generall consent that M^ Mosis
Maverick m'' John Dev^erix Capt Sam^l Ward m^ Thedeous Riddan
William Beall Thomas Pittman Richard Read and Nathanill Waltown
be Joyned as a Comittee with the present Select men of the Town
to mack Inquierie into the saied afaiere and sarch after the pretended
Claieme and truth of thear title and upon finding any Reallytie in such
pretence doe authorieze and Impower Capt'^ Sam'^ Ward and mf John
Deverix to compound and agre upon Resonabl Terms with the saied
Indeons taking a ferme deed which may be vallued in law from them
and macke Returne of the saeme Engaging to Reimburs to the aforesaid
parsons what ever thay shall engage in the matter and defray all thear
nesesarie expense about the same and stand to the agreement the afor-
said parsons shall make in and about the saied afaiere."
— Marblehead Town Records.
[54]
Joane Quanapohkownat, the widow of John Quana-
pohkownat of Natick, James Quanapohkownat, called
by the English James Rumney Marsh, Israel Quana-
pohkownat, James' eldest son, Sarah Quanapohkow-
nat, James* daughter, all of Natick, Joane Ahaway-
etsquanie, widow of George, the sagamore, otherwise
named Wenepawweekin, of Chelmsford, and their
daughters Susannah and Sarah Wenepawweekin, David
Nonoponowgo, John Tonotoughoquonug, grand-
children of said Sagamore George.
The committee agreed with the Indians quickly, as
the town meeting was held July fourteenth and the
deed was prepared and executed on the eighteenth.
After the deed was drawn and signed, Joseph Quan-
apohkownat, otherwise called by the English Joseph
English, a grandson of John Quanapohkownat, de-
ceased, mentioned in the deed, came in and signed an
addition to the deed, in which he released his interest
in the territory of Marblehead, acknowledging it with
the others.
The following is a copy of the deed transcribed
from the original instrument, which hangs in a frame
on one of the walls in the office of the town clerk in
Abbot Hall, Marblehead, and is herewith reproduced.
It is recorded in the Essex Registry of Deeds, book 7,
page I.
To all People to whome this present Deed of Sale fhall
come Joane Quanapohkownat relict Widdow of Old John
Quanapohkownat of Natick within the Colony of the Mas-
sachusetts Bay in New England dec^ James Quanopohkow-
nat als James Rumny Marsh and Israel Quanapohkownat
eldest Sonne of the s^ James Sarah Quanapohkownat daugh-
ter of the s^ James all of Natick, Joane Ahawayetsquaine
The four kinds of impressions used upon the wax seals of
the deed of Marblehead. Reproduced same size as the original.
[ 55 ]
relict Widdow of George Saggamore als Wenepawweekin
late of Chelmsford in New England afforesaid deC^ Susan-
nah and Sarah Wenepawweekin Daughters of the s*^ George
Saggamore David Nonoponowgo John Tonotoughoquonug
Grandchildren of s'^ George Saggamore deed Send greeting
Know yee that the s*^ Jone Quanapohkownat James Quana-
pohkownat Israel Quanapohekownat Jone Ahawayetsquaine
Susannah and Sarah Wenepawweekin David Nonoponowgo
John Tonotoughoquonug for and in consideration of the
Summe of Sixteene pounds Currant money of New England
to them in hand paid at and before the Ensealing and de-
livery of thefe presents by Cap Samuel Ward and John
Devorex of Marblehead within the afFores<^ Colony in New
England Merchants as Trustees for the proprietors in and
Purchasers of the Towneship of Marble head well and truely
paid the receipt whereof they doe hereby acknowledge and
themselves there w''' to be fFully satisfied and contented and
thereof and of every part thereof doe hereby acquitt Exoner-
ate and discharge the said Samuel Ward & John Deverex as
Trustees abovesaid their heirs Executors and Adminis [trai-
tors as also all the rest of the Purchasers and Proprietors of
s^ Towneship of Marblehead and cache and every of them
for ever by these presents have given graunted bargained
Sold aliened Enfeoffed and confirmed and by thefe presents
Doe ffully freely cleerly and absolutely give grant bargaine,
Sell aliene Enfeoffe and confirme unto them the s'^ Samuel
Ward and John Devorix as Trustees abovesaid and to their
heirs and afsignes for ever to and for the Sole ufe benefitt
and behoofe of the Proprietors in and Purchasers of the
Towneship of Marblehead afforesaid All the said Town-
shipp of Marblehead viz As well the Great Neck as the
Land on Marblehead side being butted and bounded partly
w*^^ the River and seas from a Certain place comonly called
and knowne by the Name of Forrest River Bridge to a
place called Beavour hrooke and partly by Land belonging to
the Towne of Salem : or howsoever the s'^ Towneship or
[ 56]
any part or parcell thereof is butted and bounded or reputed
to be bounded Together with all houfes Ediffices buildings
Lands Yards orchards Gardens Meadows Marshes, ffeedings
Grounds Rocks Stones beach fflatts pastures fFences Com-
mons Comons of Pasture ; woods underwoods Swampes waters
water courses damms ponds headwares ffishings ffowlings
wayes Easements proffitts priviledges rights commodityes
Emoluments Royaltyes Hereditaments and appurtenances
whatsoever to the said Towneship of Marblehead and other
the premifes belonging or in any wise appertaining or there-
w'^'" now vfed occupied or enjoyed as part parcel or member
thereof: and also all rents Arreareages of Rents Quitt
Rents Rights and appurtenances whatsoever (nothing Ex-
cepted or reserved) And also all Deeds writeings and evi-
dences whatsoever touching and concerning the premifes or
any part or parcel thereof To Have and to hold all the
said Towneship of Marblehead viz as well the Great Neck as
the Lands on Marblehead side butted and bounded as aboves^
with all other granted premises with their and every of their
rights members and appurtenances and every part and par-
cell thereof hearby granted bargained and Sold or ment men-
tioned or intended to be hereby granted and Sold unto the
s*^ Samuel Ward and John Devorex as Trustees abovesaid
and to their heires and Afsignes forever to and for the Sole
use benefitt and behoofe of the Proprietors in and Purchasers
of the said Towneship of Marblehead: And the said J one
Quanapohkownat James Quanapohkownat als James Rumny
Marsh Israel Quanapohkownat Jone Ahawayetsquaine Su-
sannah and Sarah Wenepawweekin David NonopSnowgo
and John Tonotoughoquonug for themselves their heirs
Executors & adm" joyntly Severally and respectively doe
hereby covenant promise and graunt to and w*^'' the s'^ Sam-
uell Ward and John Devorix as trustees aboves'^ & their heirs
heirs and Afsignes on behalfe of the Proprietors and Pur-
chasers of the said Towne of Marblehead in manner and
forme following (that is to Say) that at the time of this pre-
If
U
^^1
^J
^5 S ^^3^1 :
Attestation of the witnesses to the deed of Marblehead,
written on the reverse. Reproduced about same size as the
original.
[57]
sent bargain and sale and untill the Ensealing and delivery
of these presents they and their ancestors were the true sole
and Lawfull owners of all the afforebargained premifes And
were Lawfully Seized of and in the Same and every part
thereof in their owne proper right : And have in themselves
fFull power good right and Lawfull authority to grant Sell
convey and Afsure the Same unto the said Samuel Ward and
Jn° Devorex As trustees abovesaid their heires and Afsignes
for the ufe abovesaid as a good perfect and absolute Estate
of Inheritance, in ffee Simple without any manner of Con-
dition revertion or Limmitation whatsoever fo as to alter
change defeate or make void the Same. And that the s*^ Sam-
uell Ward and John Devorix as Trustees abouesaid their
heires and Afsignes for the use and benefit of the Proprietors
and Purchasers of the afforef^ Towneship of Marblehead
Shall and maye by force and vertue of thefe presents, from
time to time and at all times forever hereafter Lawfully
peaceably and quietly have hold use occupie possess and
Enjoy the abovegranted premifes with their appurtenances
and every part and parcell thereof free and cleere and cleerly
acquitted and difcharged of and from all and all manner of
former and other gifts grants bargaines Sales Leases Mort-
gages Joyntures dowers Judgements Executions fForfeitures
and of and from all other titles troubles charges and Incum-
brances whatsoever had made committed done or Suffered to
be done by the faid Jone Quanapohkownatt James Quana-
pahkownat als James Rumney Marsh Israel Quanapohkownat
Jone Ahawayetsqvaine, Susannah & Sarah Wenepawweekin
David Nonopownowgo John Tonotoughoquonug or either or
any of them their or either or any of their heirs or afsignes or
by their or either or any of their ancestors att anytime or times
before the Ensealing hereof. And farthur that the s^^ Jone
Quanapohkownat James Quanapohkownat als James Rum-
ney Marsh Israel Quanapohkownat Jone Athawayetsquaine
Susannah and Sarah Wenepawweikin David Nonoponowgo
John Tonotoughoquonug their heirs Executors and Aadminis-
[58 ]
traf^ joyntly and Severally Shall and will from time to time
and at all times forever hereafter warrant and defend the above
graunted premifses with their appurtenances and every part
and parcel thereof unto the said Samuell Ward and John
Devorix Trustees as aboves*^ and to their heires and Afsignes
forever to and for the Sole use & benefitt of the proprie-
tors and purchasers in and of the said Towneship of Marble-
head against all and every person and persons whatsoever any
wayes Lawfully claimed or demanding the Same or any part
or parcell thereof And Laftly that the said Jone Quana-
pohkownat James Quanopahkownatt als James Rumney
Marsh Israel Quanapohkownat Jone Ahawayetsquaine Susan-
nah and Sarah Wenepawweekin David Nonoponowgo John
Tonotoughoquonug or either or any of them their or either
or any of their heirs Exec" or Adm" Shall and will from
time to time and at all times hereafter when thereunto re-
quired at the cost and charges of the said Samuel Ward
and John Devorex their heires or Afsignes or the purchasers
and proprietors of the s'^ Towneship of Marblehead doe make
acknowledge Execute and Suffer all and every Such ffarther
act and acts thing and things afsurances and Conveyances
in the Law whatsoever for the further, more better suerty
and suremaking of the aboves^ Towneship of Marblehead
with the rights, hereditaments and appurtenances above by
thefe presents mentioned to be bargained Sold : unto the s<^
Samuel ward and John Devorix Trustees as abovef"^ and to
their heires and afsignes for the use afforef'^ as by the s^
Samuel Ward and John Devorix Trustees as aboves'^ their
heires or Afsignes or s^ Proprietors or by their Council
Learned in the Law Shall be reafonably devifed advised or
required. In Witnefse whereof the s*^ Joane Quanapohkow-
natt als James Runnymarsh Israel Quanapohkownat Jone
Ahawayetsquaine Susannah and Sarah Wenepawweekin
David Nonoponowgo John Tonotoughoquonug have here-
unto Sett their hands and Seales the Eighteenth day of July
Anno Dom One Thousand Six hundred Eighty and ffoure
r J
9
"^^^
t -Ki
^
\1
y:
-J
^ 'J")- '^
>>
■^r
- ^ -c^
40-^ t
rife
^^
-^
^ «>:.
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.
jarialdiEi/.
[ 59]
Annoq Regni Regis Caroli Secundi Angliae & tricefsimo
Sexto
the mark of James Quanophkownatt
James [seal]
Als James Rumny marsh
the marke of
7
[seal]
[seal]
[seal]
[seal]
[seal]
[seal]
[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-
Jone f Quanophkownatt
the marke of
w/j;
Jone Ahawayetsquaine
the mark of
Susannah Wenepawweekin
the mark of
X
Sarah Wanapawequen
his mark
Israell \\ qvonapakanatt
[60]
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 marfti
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
:i'
t
■^ f- ^^JEr SI.
\
... ,.„ji-r*i;- iC/t:
Acknowledgment of the deed of Marblehead, written on
the reverse. Reproduced same size as the original.
[6i ]
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 done, 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 Coraoners and proprietors of
marblehead aere 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 daies 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 Samll Ward and m'' John Deverix that ac-
ording to the towns order thay have agred with the Indeons that laied
Claiem 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 menrioned
[63]
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 pf 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 administrato'^s 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 Sc 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 &c
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 & Seal!
[67]
John Hayward Not: Pub. his
Zachariah Shute Serv* Dauid /J 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 iS^^ 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; ^"^ w^^ ^" 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-
ftiamoofhaw 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
[69]
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 howsoeuerThe 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 vsas aforesaid
& Jointly together for & in Confideracon fFor & in Confidera-
con ofy^Summe of Sixteen poundesof Current Sterlingmoney
[7o]
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 novi^ 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 Sc 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 Truflees 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
[ 7- ]
beginneth between Lyn & Marblehead & So between Lynn
& Salem as it is Stated by thofe Townes & marked & So to
Ipswich riuerand 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 Sc 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
& ye 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 marriflies
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 Kunkshamooshaw&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'^ and afsignes Jointly Seuerally & respectiuely doc
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 Holdvfe 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 Kunkfliamooftiaw & 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^s 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'" 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 Angliae
Send
Signed Sealed & deliuered In
y^ prefence of vs vndernamed
y« Signe of
Samuel Bligh David ^^4f Kunkshamooshaw
» & his Scale
Daniel Johnson y^ Signe of
John Hawks Abigail ^Jlt^ Kunkshamooshaw
Thomas Laughton Sen"* -y ^ Scale
y^ Signe
Samuel A. Wardwell y^ Signe of
Cicely y^""^^^-*^ ^^'^s Su George
*^ X / & Scale
y^ Signing of
James Quonopohit & his Scale
[75 ]
y* Sign of
Mary ^ ^ Ponham aleias Quonopohit
^.^ & her Scale
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 of y^ 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 1800. 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. 1 1, 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.
V;
'Ijt^j"! f'^'^'^-^-
- - ■- > -,r . :• .■ -^; ^^-i^^. .: < C ^-,■,.'7 ^^.o •
iSI^^^Mt^L^
r^,i
If
11^ if^ a|^- . , i5> .■
*b^ ^* -t >; t: _', ^^r ■ i - ,. s -?■-
i -i'
#■>!:;
ri'^H f
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, 1713, 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 25th 171 3. . .
"See ye 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 Petaghunclcsq 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 25 th 171 ■^, . .
♦* This day Colo John Higginfon Esqi" brought ye original] 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 mi" 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 1709—1725, page 103.
[79]
of Natick, In y« County Middlefex w'^in 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 y^ 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 y^ 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**^ to be fully satisfied and Con-
tented and Thereof & of every part thereof doe hereby
acquitt. Exonerate and Discharge y^ s'^ ]n° Ruck, Jn°
Higginson Samuel Gardner Timothy Lindall, W™ Hirst &
Israeli Porter. : as Trustees aboves'* Their Heirs Execut^ and
Administ^ as also all y^ rest of y^ purchafers and Proprie-
tors of s^ 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 y^ 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 y^ 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 y^ Towns of Beverly, Wenham
Topsfeild, Redding Linne & Marblehead, down to y^ Sea,
w*^'' s'^ Land is a part of w" belonged to the Ancesto'^s of
y'^ Grantors and is Their proper Inheritance Or howfoever
y*' s<^ Township or any part or parcell thereof is Butted and
Bounded or Reputed to be bounded Together w'^^ ^11 houses
Edifices Buildings lands yards Orchards Gardens meadows
marshes Feedings Grounds Rocks stones beach flatts pastures
fences Commons, commons of Pasture, Woods underwoods
swamps, waters, water courses. Dams Ponds headwares fish-
ings fowlings wayes Easements, Profitts, priviledges. Rights,
Commodityes Emoluments Royaltyes Hereditamen*^^. and
app'^tenances whatsoeuer as also all Mines mettalls mineralls
w*^'^ all Islands & p''viledges of Neumkeage River alias Bafs-
river, w*^"^ the Ancesto'^s of s<^ Granters heretofore Right-
fully pofsefsed w**" all & singular Their app''tenances To y«
s^ Township of Salem and other y^ p'^mises belonging or in
any wise app'^taining or therew^*^ now used Occupied or In-
joyed, as part parcell or member thereof, and alfo all Rents
Arrearages of Rents, Quitt Rents Rights of all things above-
named as also all Rivers creeks Coves w*^soeuer w*^*^ all their
p^^viledges and app''tenances (nothing excepted or Referved)
and also all Deeds writings and Evidences w*^soeuer Touch-
ing and Concerning y*^ p''mises or any Part or parcell thereof
To have and to hold all y^ s<^ Township of Salem Butted
and Bounded as aboves'^ w'^'' all other the Above Granted
p''mifes, w*'' their & Every of their Rights members & ap-
p^'tenances & every part and parcell thereof hereby granted
bargained & Sold, or mean't mentioned or Intended to be
Hereby granted & Sold unto y^ s^ Jn° Ruck Jn° Higgin-
son Samuel Gardner Tim" Lindall W™ Hirst & Israel
Porter as Trustees aboves'^ and to their Heirs & Assignes
for Ever To and for y^ Sole Vse Benefitt and behoof of y^
Proprietors in & Purchasers of y^ s<^ Township of Salem
And y^ s^ David Nonnuphanohow, Sam Wuttaanoh Jn°
[8i ]
Tontohqunne Cicely Petaghuncksq Sarah Wuttaquatinnusk
Thomas Vsqueakufsennum, alias Cap*^ Thom. James Quan-
ophkownat, alias James Rumney Marsh, Israeli Quanoph-
kownatt, Joane Quanophkownatt Yawataw, Wattawtinnusk
For themselves Their Heirs Executo" Adm''^ Jointly sever-
ally & Respectively, Do hereby Covenant promise and
grant to and with y^ s^ Jn" Ruck Jn° Higginson Samuel
Gardner Tim° Lindall W™ Hirst and Israeli Porter, as
Trustees aboves'i Their Heirs and assignes on behalf of y^
Proprietors and Purchafers of y^ s^ Town of Salem In Man-
ner and form following (That is to say) that at y^ Time
of this p''sent Bargain and Sale and untill y^ Ensealing
and Delivery of these p^'sents they & their ancestors were
y« True Sole and Lawfull owners of all y^ afore Bargained
p'mises and were Lawfully Seized of and in y^ same and
Every part thereof in Their own proper Right. And haue
in themselves Full power, good right and Lawfull author-
ity to grant Sell, convey and assure y^ same unto y« s'^ Jn^
Ruck, Jn° Higginson Samuel Gardner, Tim° Lindall W'"
Hirst and Israeli Porter, as Trustees aboves^ Their Heirs and
assignes for y^ Vse aboves"^ as a good perfect & absolute
Estate of Inheritance in Fee Simple w'^'out any manner of
Condition Reverfion or Limitation w'soever So as to alter
change defeat or make void y* same And that y^ s^ Jn° Ruck
Jn° Higginson Sam" Gardner Tim° Lindall W'" Hirst &
Israeli Porter as Trustees aboves'^ Their Heirs and Afsignes,
for y« use & benefitt of the Purchasers and Proprietors of
y* afores'^ Township of Salem Shall & may by force & Ver-
tue of thefe p''sents, from time to time & at all times forever
hereafter. Lawfully peaceably & Quietly haue Hold use oc-
cupy pofsess & Injoy y^ above granted p''emises w^^ their
app''tenances & every part and parcell thereof. Free & clear
& clearly acquitted & discharged of & from all & all man-
ner of Former & other Gifts grants Bargains, Sales, Leases
mortgages, Joyntures Dowres Judgm^ Executions Forfeitures
& of and from all other Titles, troubles, charges, & Incum-
[82]
brances w'soever had made comitted Done or suffered to be
done by y^ s'^ David Nonnuphanohow Sam Wuttaanoh Jn<>
Tontohqunne Cicely Petaghuncksq Sarah Wuttaquatinnusk
Thomas Vsqueakussennum, alias Cap"^ Tom James Quanoph-
kownat, alias James Rumney Marsh Israeli Quanophkownat
Joane Quanophkownatt Yawataw Wattawtinnusk Or Either
or any of them Their or Either or any of Their Heirs or
afslgnes, or by Their or either or any of Their Ancestor's at
any time or times before y^ Ensealing hereof, And farther y*
y^ s^ David Nonnuphanohow Sam Wuttaanoh Jn° Tontoh-
qunne Cicely Petaghuncksq Sarah Wuttaquatinnusk Thomas
Vsqueakufsennum alias Cap*^ Tom James Quanophkownatt
alias James Rumney Marsh Israeli Quanophkownatt Joane
Quanophkownatt Yawataw Wattawtinnusk Their Heirs Ex-
ecutor's & Administr^s Joyntly & Severaly Shall and will from
time to time & at all Times for ever hereafter Warrant and
defend y^ above granted Premises w'^ Their appr^tenances and
every part & parcell thereof unto y^ s*^ Jn° Ruck Jn° Higgin-
son, Sam" Gardner Tim° Lindall W™ Hirst Israeli Porter
Trustees as aboves^^ and to their Heirs & assignes for Ever
To & for y* Sole use & Benefitt of y^ Proprieters & Purchasers
in and of y^ s'^ Township of Salem Against all & every p^^son
& pr^sons w'soever, any wayes Lawfully Claiming or de-
manding y^ same or any part Parcell thereof And Lastly
That they y^ s*^ David Nonnuphanohow Sam Wuttaanoh
Jn° Tontohqunne Cicely Petaghuncksq Sarah Wuttaquatin-
nusk Thomas Vsqueakussennum alias Cap* Tom James
Quanophkownatt alias James Rumney Marsh Israeli Quan-
ophkownatt Joane Quanophkownatt Yawataw Wattawtin-
nusk Or Either or any of Them Their or any of Their Heirs
Execuf^ or Adminisf^ shall and will from time to time and
att all times hereafter when thereunto Required at y' cost
and charges of y^ s'^ Jn° Ruck Jn" Higginson Samuel
Gardner Tim° Lindall, W™ Hirstt and Israeli Porter Their
heirs or assignes, Or y^ Purchasers and Proprietors of y^
s^ Township of Salem, Do make acknowledge. Execute,
**M?tT>pv^
:^-t
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 y^ Law whatso-
ever For y^ Further and Better Surety and Suremaking of
y^ aboves'^ Township of Salem w"^ y^ Rights Heredita-
ments and app''tenances above by These p''sents mentioned
to be Bargained and Sold vnto y^ 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 y^ Vse afores*^ As By y^ s^ John Ruck John
Higginson Samuel Gardner Timothy Lindall William Hirst
Sc 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
IF' angliae Scotiae Franciae & Hyberniae Fidei Defensoris
Secundo
The mark of
^ p' *
Dauid
Nonnuphanohow
[seal]
The marke of
7
Sam'
wuttaannoh
[seal]
The mark of
John ^4/"
tontohqunne
[seal]
[84]
The mark of
Cicely (J/
[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 sy^^"^^ [seal]
QuANOPHKOWNATT
The mark of
)C^ [seal]
Yawataw
The mark of
V [seal]
Wattawtinnusk
Signed Sealed & Delivered By David Nonnuphanohov^^
Cicely Petaghnucksq Thomas Vsqueakussennum alias Cap*
Tom, James Quanophkownat alias Rumney Marsh Israeli
Quanophkovv^nat Joane Quanophkownat Yaw^ataw Wattaw-
v;
"t^ • i';'>d>
^. itsjtj
L.— ■
■::. ^ V
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, oflf 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. ^^ 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 Ouerand 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 y^ name of Moul-
tons Miferie lying and being between Bakers Hand and Man-
chester for him y^ s^ Bartholmew Gale to haue & to Hold
to him his hiers Executo''s Adm"^^ or afsignes from me y^ 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 y« Said
Bartholmew Gale to inroule or Caufe to be Inrouled the pre-
mifesin any of his Majes^'^^ Courts of Records in the SaidColo-
nie 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 y^ 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 y« year of Our Lord One thou-
fand Six hundred Seuenty three
Signed Sealed and Deliuered his
in the p-'sence of us -^^^ » c 1
T^ U 1 HOMAS / I YLER & a Seal
Daniel Bacon * ^
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 y* Sonne of y« Sagamore of Aga-
wamm a knowne man in y^ Countrey he sold y^ Towne of
Ipswich all or y« most part of it all y^ old planters know him
that had ought to do w''' y« 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
y« aboues'i 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 1 1, 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
110: —
At a meeting of y« felect men on y*^ 11*'' 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 (hillings & Eight pence due to the fd fam'' In-
dian and his Brother Jofeph and there fifter as Heirs to there
Grandfather John Alias mafTquanomenett faggamore of Agga-
[ 88]
[89]
worn which fix pounds fix (hillings and Eight pence is full
fattiffaction for the Indian Title of all the Lands within fd
Towneihip the which fume was paid by order of y^ felect
men according to aggreemt made with fd Indians on y^ 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
43: —
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 Sifter y« 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 y^ Truth of y^ abouesd Euidence
Salem October the la*'^ 1700.
before John Hathorne
Benj'^ Browne ) •' ^-
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 y^ 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 y^ 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'i Samuel English Joseph English & Jeremiah
Waches Indians doe Couenant promife & Engage for our
Selues our hiers Executors adminiftr''^ & afsignes For Euer
to & with y^ Select men of Beuerly aforesaid in behalfe of
ye Inhabitants of sd Town thier hiers & afsignes For Euer
That wee y^ aboues'^ Indians are y^ Day of y^ Date hereof
The True & Rightfull owners of y^ aboue bargained premifes
and Haue full power and lawfuU 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 y^ 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 y^ yeare of our
[91 ]
Lord One thoufand Seuen hundred : y^ words alias masqua-
nomenit was Interlined before sealing :
Signed sealed & Deliuered
in y^ psence of vs
Thomas Woodbery
Robert Briscoe
t
Joseph ffoster
Moses Parker
the f , marke of
Samuel English & Seale
y«^ /O ni^rke of
Jeremiah Wauches & Seale
y^ y marke of
Joseph English & Seale
y^ . marke of Susannah
y« wife )r ' "* of Sam abouesd & Seale
y« marke of Bettey y^
^
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 \i^'^ 1700.
before me John Hathorne one of y' Council & 'J^ft 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 Billerica 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 mf. 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 y« Countey
of Middlefex in y^ prouince of y^ Mafsachufets Bay in New
England Indians on y^ one party & Robert Leach & John
Knowlton and Samuel Lee Select men of y^ Town of Man-
chester in the Countey of Efsex in y^ province aforesaid on
y^ other party witnefseth y* y^ Said Sam : Inglish Joseph
English & John Vmpee for & in Confideracon of y^ 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 y^
abouesaid Manchester y^ Receipt whereof to full Content
& Satisfacon They doth hereby Acknowledge and thereof &
of Euery part and parcel thereof doth acquit Exonerate and
[93 ]
[94]
difcharge y« Said Robert Leach John Knowhon & Samuel
Ley & Each & Euery of them their 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 y^ aboue-
said Summe being Receiued by vs as aboues'i is for that
whereas y^ Said Towne of Manchester Haue Quietly &
peaceably without molestacon Enjoyed y« Soil of Thier
Towneship with y« Growth therevpon & appurtenances
belonging thereto & Containing therein for y« Space of Sixty
yeares & vpward & that in the first place by y^ 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
y^ 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 y^ 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 y^ Soyl in y^ 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^^'in The
[95]
bounds of y^ Towneship of y^ Said town of Manchester To
Haue & to Hold to them y^ Said towne & thier hiers &
afsignes for Euer to Improue vfe Occupy & Injoy y'^ aboue-
said premifes to thier profit & behoofe for Euermore And
that Wee y^ 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'^s ^nd afsigns that at & before the Enfealing
& deliuery of thefe prefents Wee are y^ True Sc Rightfull
hiers of y^ bargained premifes & haue in Our Selues full
power good right & LawfuU Authority to bargain and Sell
y^ Same as aforesaid & that y^ 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 y^ peacable & quiet pofsefsion of y^ 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 Samll ^-"^^^ 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]
^ajties Juftices of y* peace for y^ Countey of Efsex & ac-
knowledged y« aboue written Instrument with thier hands &
Scales 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 1 695. 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 townof 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 Billerica 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 ah 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 w^ithin the
• Metcalf's Reports (Massachusetts), volume lo, page 496.
[ too ]
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 P'oster 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 25th day
1 700 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 Allin are the men Chofe
and deputed by the Inhabetants at fd meeting to manage and make A full
Conclution about our townfliip with thofe Indians that hath Laid Claime
to the Lands of our townfhip. ' '
— Gloucester Town Records.
[ -o. ]
[ 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 mouingme
therevnto but Especialy for y*= 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 y^ Towne of Glofster in The Countey of Efsex
in New England wherewith I y^ 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
y« 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 y^ Lines hath been
already Settled & by y« Salt Sea on all other parts with all y'
Islands thereto belonging according to y*^ grant of y^ General!
Court to Said Towne Together with all y^ Lands Soyles
waters riuers Streames hauens ports Fifhings huntings Wood
Timber Stones grafs feed and all y^ rights profits priuiledges
and appurtenances belonging to y^ Same or any part thereof
To Haue & To Hold to them y^ 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 y« 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''* and
afsignes for Euer from all Indian right and Title & from
The lawfull Claimes of all perfons whatsoeuer to y^ abouesd
premifes In Witnefs whereof I y^ abouesd Samuel English
doe herevnto Set my hand & Scale this fourteenth day of
January Seventeen hundred & in y^ I2 yeare of his maj''"
reigne
Signed Sealed & Deliured
in prefence of vs his
Abraham Perkins Samuel ^ English Scale
Joseph ffoster marke
Jon* Fairbanks
[ I04 ]
The within mentioned Samuel English perfonaly appearing
before the Subfcriber one of y^ members of his Maj''" Coun-
fell for the Province of y^ Mafsachufets Bay & Juftice of peace
in the Same acknowledged the within written Instrument to
be his act & deed.
Ipswich Jan'^y y^ 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 Billerica 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
[ '°5]
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 i 700-1 70 1 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 ^eeting 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 fliould 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 townfhip of Samuel
Englifh Indian
" The Lot Layers was Appointed a Comity and ChofTen att fd
meeting to treat with any of ye Inhabitants that will buy anv 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, ^"d w^s 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 El bridge 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 deHvered 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 mafkenominit 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 full 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 y^ Grandson & heir of Maschanomett the
Sagemore of agawam in y^ 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 y« Receipt w^'of I do hereby acknow-
ledge in full of all Rights of Indian Claimes & Titles what-
soever by Ensign John Pearly Lelv*^ Thomas Pearly Ensign
Thomas Hazen Leiu' John Peabody & Josiah Bridges a
Comittee & Agents for y^ Town of Boxford in the County
of Efsex in y^ Province of y^ 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 y^ Contents Thereof
more or be they Lefs Known by y^ name of y^ 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 cake 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 & appurten^es thereto
belonging or in any manner of wise appertaining to y^ 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 yr heirs Executors admin^fs ^ afsignes in
Quiet & Peaceable pofsefsioji 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 y^ 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
[ "' ]
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"^^ & afslgnes for ever from the Lawful!
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 y^ Reign of our Royall
Soveraign William y^ Third over England &c King &c
Signed sealed & DD
in presence of us his
Thomas Baker Samuel a^^ English & a seale
Joseph ffoster mark
Moses Parker
Samuel English an Indian appeared before me y^ Sub-
scriber one of his maj^'^^ Justices of peace for y^ County of
Efsex & acknowledged this Instrum^ to be his act & deed
this ib^** of Jan^ 1700/701
Dudley Bradstrket
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 Billerica 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
Addlngton 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 1 701, the acknowledg-
ment being taken October 22, 1701, and was recorded
in the Essex Registry of Deeds, book 1 8, 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 Sc 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^'^^ 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
[ -H]
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 afores'^ 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 & appur^e^ 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 Sc 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
[ -is]
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 evtr 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 & scales the day of
anno Dom : 1701 annoq R R^ Gulielmi Tertii anglie &c
Decimo tertio.
Signed Sealed and DD his
^
by Joseph Foster Joseph ^f j English & seal
John Boynton
mark
his
JOHN^
Vmpee & seal
mark
Joseph English & John Vmpee appeared before me the
Subscriber one of his maj''^^ Justices of y^ peace for the County
of Efsex & acknowledged this Instrum*^ to be their act & deed
this 22^ of octobr 1 70 1
Dudley Bradstreet y peace
Joseph Foster, the first witness, was the person of
that name from Billerlca who seems to have accom-
[ "6]
panied these Indians upon occasions like this, as he
appears generally as a witness to their deeds. John
Boynton was a sergeant in the militia of Rowley, where
he lived, and was fifty-three years old. His occupa-
tion was that of a husbandman and weaver. Colonel
Bradstreet, who took the acknowledgment, was the
same magistrate who appeared in the execution of the
deed of Samuel English.'
' A record of these transactions is contained in the Town Records
of Boxford, as follows: —
•• At a legal Town meting hild in boxford the I 5*-'' of Jenewary
1700/ 1 701: the Town Choes Sargent Thomas Andrus moderator
for the meeting: also the Town voted to Choues a Commety to treeat
with the Indians a bought thaier demand of money for our Town
being with in the tract of land the Indians have claimed to beelong to
the Sagemoer of aggowam which also thay have proved thay bee the
grand Children of the s^ Saggamoer: the Commety chosen for this
sarvis bee as folow
" Ensien pearly Leftenant pearly John pebody Ensien heazen Jo-
siah bridges the Toun haue agreead and voted that this Commety or
the major part of them have full power to agree with the Indians in
order to thair demand both for quantety of money and for the time
when it shall bee payed also have voted to levye and Raise the money
preporsanebly upon all the land with in our township
"The 16*'^ of Jenewary 1700/ I 701 the Commety a Cording to
the Towns order have a greead with Samuel English the grandson
of Mascanomenet Sagemoer of aggawam Conserning his titel to our
town; and wee have tacken a deed of him from bradford bounds to
Ipswich River and from wils hill to Ipswich lien a Cording to the
Court grant to Rowley: and wee have given him Eaight pound of
money and all thair Charges which is about nien pound and fouer
shillings in the whol
"and hear is an account of what Each man layed down to mack
vp the sum Ensien pearly -01-06-00 Leftenant perly -01-10-00
Ensien heazen oz-00-00 John pebody -01-04-00 and david wood
lent the Commety -02-04-00 and Leftenant pearly on pound in vitteh
and drink -01-00-00 and .5. Shillin and 6'^ for acknowlegment of
the deed -00-05-06
i 117]
" about the lo*'' 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 3^ for writing the quet
clame that thes tow Indians suied untow
*• the -2I -04S 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 five Shillings and Sixpenc so that the -2^-/^^ 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 BlUerlca 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 Jewett, 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^ 1700 their was chosen Deacon Ezekiell Jewett, Sam*'
Plats & Captain J oseph Boynton to treat with Gentlem 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.
[ ifS ]
[ "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 Jewettwas 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*^ } ^ 1
it was agreed & voated that the rate for raising the money to satisfie
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
Tutton 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 titel 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 ]
[ >^' ]
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 meeting 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 afirmitiue: 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 aLegall meeting ofy^ proprietors of Bradford in y^zj of novemb'
1700 Ensign John Tenny was first chosen moderator he appointed
3 men to treat w^^ y* Englishmen & Indians if they come concerning
y« title of our land y^ 3 men were put to voat singly namely Insign
Baly corporall Richard Kimball and John Bointon & they all pafsed
on y^ afirmatives afterwards at y^ same meeting added to y^ former
Three Insign Tenny & Phillip Atwood y^ Proprietors gave them full
power to act in behalf of y^ town according to their best Judgm' or
any thereof of them on y^ same day y^ 23*^ of novemb' 1700 their
was a discourse how y^ charges should be defrayd y* might arise as
to purchasing of y^ heathen if need were & also y^ charges as to y'=
comittee for their Expences of his was put to voat if y^ charges should
not be laid on every mans land according to his proportion of land as
Wildernefs land & it pafsed on y^ affirmative y* so y^ charges should
arise.
"the Town clerk being absent y* proprietors then chose me to
write wt they did act "
[ 122 ]
dians did. They were Samuel English, Joseph Eng-
lish, 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 aist, 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 little
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 Si. 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 y« Southerly side of y^ River merimack unto Naumkeeg
al* Bass. River lying in y^ county of Efsex within y^ province
of y^ mafsachusetts bay In New Engl*^ Send Greeting whereas
divers Englishmen many years since in y^ 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 y^ name of Bradford within & upon part of y^ afores'^
Tract of land in y^ county of Efsex afores^ which said
Plantation or Township of Bradford and y^ lands thereof are
butted & Bounded Northerly upon y^ Said River Merrimack
Easterly upon the Line of the Township of Newbury untill
it come to y^ 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 y^ southeasterly corner of y« Pond
called Little Pond and from thence to a Run of water on y^
North Side of a certain hill comonly called & Known by
y« Name of Philistine hill & following y' Run of water till
it come to y^ Line of The Town of Andover & so upon
Andover Line till it come to y« River Merrimack as also a
certain Island cal<i & 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 lawfuU heirs of y^ abovenamed Sagamore musquo-
nomonit al* muschonnomet as well upon y^ consideracon
afores'^ as for divers other good causes & consideracons us
thereunto moving more especially for & in consideration of
y* sum of Six pounds & ten shillings in currant Silver mony
of NewEngl<i to us in hand at & before y^ Ensealing &
[ 1^4 ]
delivery of these presents well & truly Paid by John Tenny
Phillip Atwood & John Boynton all of Bradford afores'^
yeomen appointed a comittee by y^ Rest of y^ Freeholders Si
proprietors of y^ lands within and belonging to y^ said town-
ship y^ 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 y^ s^ John Tenny Phillip Atwood & John
Bointon & y^ Rest of y^ fFreeholders & proprietors of lands
within y^ 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 y^ same is.Butted bounded
or Reputed to be bounded & also all y* Island afores^ corn-
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'^^^^ whatsoever
upon y^ afores*^ tract of land & Island or any part thereof or
to y^ Same or any part or percell thereof belonging or in any
wise appertaining & also all y^ 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 y^ 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 y^ afores'^ River Merrimack up
[ 125]
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 y^ actuall
pofsefsion of y^ said John Tenny Phillip Atwood & John
Bointon & other y^ freeholders & proprietors of y^ said
Town of Bradford being (Except only as before is Excepted)
withall y^ 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
denial! 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^s & adm"
on behalf of themselves & y^ Rest of y« 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 y« 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'-^ ^7 English & seale
mark of
Robert Clement for Joseph 315 1701
Moses Parkre for sam ^ ^^1- <, ,
Joseph ^ty ■» English & seale
John Griffin for Joseph 31 5 1701
ye mark
John /^ Vmpee & a seale
Tho: Parley ) for John Vmpee of
Joseph ffoster ) 22^ octob^ 1701
Haverhill march 21 1700 or 1701 Samuel English Indian
one of y* w^^^in named subscribers being present signed owned
& acknowledged y^ w*^in written to be his act & deed
Before me Nath'-'- Saltonstall y«;' of Peace
Haverhill July 31: 1701 y^ w^^^in named Joseph English
appeared & signed sealed & owned & acknowledged y^ In-
strum* on y« other side to be his act & deed
Before me. Nathaniel Saltonstall 'Justice of peace
andover octob' 22*^ 1 70 1 John Vmpee one of y^ w^Mn
named subscribers being present owned & acknowledged y^
w^'^in written Instrum* to be his act and Deed
Before me Dudley Bradstreet J : peace
Recorded with this deed in the Registry of Deeds
is the following receipt signed by Joseph English and
John Umpee: —
Rec'^ on ye Thirtieth day of January 1 700/1 of the
within named John Tenny Phillip Atwood & John Boynton
[ 127 ]
y« sum of six pounds Ten shillings in currant silver mony
of New England in full payment of y^ purchase consideration
within mentioned By us
y^ mark
Joseph 'f J '^ English on 31 : 5 : 1701
of
John ^
Vmpee
his mark
Of the witnesses to this deed Robert Clement
lived in Haverhill, John Griffin in Bradford, Thomas
Perley in Boxford, and Joseph Foster and Moses
Parker were from Billerlca and Chelmsford respec-
tively, being the companions of these Indians as their
attorneys on the occasions of these transactions with
the several towns.
In the above deed the Phillips farm was excepted.
After that deed was drawn and executed by Samuel
English, he signed a deed of this farm to Rev. Ed-
ward Payson and Robert Greenough, both of Rowley.
Mr. Payson was pastor of the church in Rowley,
having preached there for a score of years. He was
forty-three years of age at this time. Mr. Greenough
was of about the same age as Mr. Payson. This deed
is dated March 26, 1701, and was recorded in the
Essex Registry of Deeds, book 14, leaf 160, May
30, 1 70 1. The following copy is taken from this
record: —
To all Christian People to whome this Deed of Sale shall
come Sam: English an Indian hier to y^ old Sagamore Mas-
quenominet of aggawam Sendeth Greeting Know yee that I
Sam : English of y^ Towne of Chelmsford in y^ County of
Middlefex province of y^ Mafsachufets Bay in new England
[ 1^8 ]
Diuers good Caufes & Confideracons me therevnto mouing
but Especialy for & Confideracon of y^ full & Just Summe
of Eighteen poundes in money by me Receiued which is full
Satisfacon to me and Thereof acquitt Sc discharge m'' Edward
Paifon & m'^ Robert Greenough thier hiers Executors adminif-
trators Haue Granted bargained Sold & doe by thefe Psents
Giue Grant bargaine Sell Ratifie Confirme aliene EnfeofFe &
deliuer to y^ aboues'^ m'' Edward Paison & m"^ Robert Green-
ough both of y^ Towne of Rowley in the county of Efsex a
Certaine parcell of Land Scituate Lying & being within y^
bounds of y^ Towne of Bradford in the County of Efsex y*
land being by Estimacon three hundred acres be y^ Contents
thereof more or be they lefs as it is perticularly abutted &
bounded Eafterly by land formerly laid out to m'' Ezekiel
Rogers Southerly by a road from Rowley to Bradford West-
erly by y« broolce Called Johnfons Brooke or Creeke north-
erly by Merrimack riuer alfoe Twenty acres of meadow
within the bounds of y^ Towne of Bradford in y^ meadow
Called Jeremiah meadow all y^ abouesd Land & meadow in
sd Township of Bradford y* was formerly Granted by Rowley
Towne to m'' Samuel Phillips Deceafed Each parceles of land
& meadow as they are perticularly Granted & Entred in y«
records of Rowley Towne with all and Singular y^ priui-
ledges & apurtenances Therevnto belonging or in any manner
of wife appertaining (viz) wood Timber buildings fences
springs brooks Orchards mines mineralls or any priuiledge
whatsoeuer to them y« s^ m' Edward Paifon & m'' Robert
Greenough thier Executors adminiftrators & afsigns To Haue
& to Hold as a perfect & abfolute Estate of Inheritance in fFee
Simple for Euer alfoe I doe by thefe prefents Declare that I
haue good right full power & Lawfull authority in my owne
name to giue grant Sell & Convey the same as abouesaid &
that it shall & may be lawfull from time to time & at all
times hereafter for y^ abouesd m'' Paifon & m'' Greenough &
thier hiers Executors adminiftrators & afsignes to Haue Hold
vfe Occupie & Enjoy to y^ Seuerall vfe & vfes free & cleare
J
[ 129 ]
& freely & Clearly acquitted of & from all former & other In-
dian Claimes orany other Grants Gifts Recognifance Charges
Sailes at Law or any Incombrance whatsoeuer & shall re-
maine free & cleare from me my hiers Executors adminiftra-
tors or afsignes or any other perfon or perfons that Shall Lay
any LawfuU Claime or Title to or into any part of y^ pre-
mifes in Witnefs whereof I haue Sett to my hand & Seale
March the Twenty Sixth One Thoufand Seuen hundred &
one & in the Thirteenth yeare of William the Third of Eng-
land Scotland fFrance & Ireland King defender of y** faith :
Signed Sealed & Deliuered
in Psence of Witnefses his
Jaruis Ring Sam : f^ English & Seale
Samuel Eastman
Philip Greley
marke
Ipsw^h March the Twenty Eight 1701 Then the aboue
s^ Sam : English an Indian perfonaly appeared & acknow-
ledged this Instrument to be his free act & Deed before me
John Appleton J Pe
These witnesses were all natives and inhabitants
of Salisbury, and the deed was probably signed and
witnessed in that town; but It was acknowledged in
Ipswich, before John Appleton, Esq., on the twenty-
eighth of the month, two days after it was written.
Of these witnesses, Jarvis Ring was forty-two years
of age; Samuel Eastman, forty-three; and Philip
Greeley, fifty-six. John Appleton resided In Ipswich,
where he was a merchant, town clerk, representative
to the general court, clerk of courts, colonel of the
regiment, and at this time he was forty-eight years
of age and a member of the Governor's council.
This last act of Samuel English was probably per-
formed without the cognizance of Moses Parker and
[ I30 ]
certainly without the knowledge of Joseph Foster.
The latter was so incensed about it that he made the
following deposition, which was recorded in the Essex
Registry of Deeds, volume 14, leaf 195, on the day
it was taken, Sept. 12, 1701 : —
Joseph ffoster of full age testifieth that Samuel English
that Claimed a title to Bradford land had no power or right
of himselfe to Reserue any part of said Bradford to himfelfe
or to make any perticular Conveyance of any part of Said
land Ether to Mofes Parker or any other without my Con-
sent hauing before the time that Bradford Comittey pur-
chafed thier Indian title Comitted all his power into y« hands
of Joseph Foster abouesaid & Moses Parker to act in his or
thier behalfe neither had he any power of himfelfe without y«
approbation of s'^ foster to Except m^ philipes farme which
he neuer had for he said Samuel Inglish had by an act under
hand & seale acknowledged before Majo^ Hinchman that he
had Comitted the whole Concerne of this matter into y^ hands
of said Foster & parker abouesaid :
Sworne Salem September The 12*'^ 1701 before
John Hathorne 1 fust
Jonathan Corwine j peace
These justices were two of the judges who pre-
sided over the court of oyer and terminer during the
trials of the witchcraft cases in 1692.
Mr. Foster was probably appeased in some way,
as on the twenty-second of the next month he ap-
peared with John Umpee and witnessed his signature
to the Bradford deed.
THE DEED OF TOPSFIELD
The next and last place to which these Indians
laid claim was Topsfield. A meeting of the inhabi-
tants was held February lo, 1700-01, to consider the
matter, and it was agreed to refer the claim to a com-
mittee with full power to agree with the Indians. The
committee chosen for this purpose consisted of Cap-
tain John Gould, Lieutenant Thomas Baker, Captain
John How, Ensign Samuel Howlett, and Isaac Pea-
body.' Captain Gould, at this time, was sixty-five years
of age. He was the patriot who had led his military
company to Boston to oppose the government of Sir
Edmund Andros, and was imprisoned for treason.
Lieutenant Baker was sixty-four years old. Captain
How was about fifty-eight and an innholder. Samuel
Howlett was about fifty years old. Isaac Peabody
lived on the old Peabody homestead and at this time
was fifty-two years of age.
This committee conferred with the Indians, and
for three pounds in money Samuel English agreed to
give the town a quitclaim deed of its territory. The
deed of the Sagamore Masconomet included this
territory, to be sure, but it was thought best to settle
' "At a lawfull Towne meeting ye lo*'^ of fabruary 1700 or
1 70 1 it was agreed to giue full power to a Commity to agree with ye
Indians as lays claime to our lands voted
" Cap* John Gould and Leiut Thomas Baker and Capt John How
and Ens Samuell Howlet and Isaac Pabody are Chosen and haue full
power in ye behalfe of ye Towne to agree with the Indians as lays
Claime to our Lands voted"
— Topsfield Town Records, volume 3, page 108.
[ UI ]
[ ^32 ]
with this grandson of the chief. That the town had
the deed to John Winthrop in contemplation is evi-
denced by a vote of the town passed at the same
meeting when the committee to settle with the In-
dians was chosen. This vote was to procure a copy
of the Winthrop deed.' This was done and the copy
was recorded in the Town Records.' The description
of the premises in the Winthrop deed is very indefi-
nite, and this fact may have induced the committee to
secure a release from Samuel English.
The deed executed by Samuel English is dated
March 28, 1701, and recorded in the Topsfield
Town Records, volume 3, page no. The following
is a copy of the deed as thus recorded : —
Know all cristian people by thes preasents that whareas I
Samuell Inglish Indian Heir to Musquanomenit Sagamore of
Agawom for and in considerasion of three pounds in mony
in hand payd to my full sattisfaction doe absolutely quit
claime to y^ Towne of Topsfield of all my right : that I haue
had or euer might haue had: within ye bounds or limmits of
y« Towne of Topsfield : as it hath bene by Genarell Court
established and to which land by vertue of my aforesaid heir-
ship I doe look upon my self as the rightfull owner of: also
I doe hereby oblidge my selfe Heirs Executers : &c : to ye
Towne of Topsfield to defend them in thare posestion and in
Joyment of ye afore said premises for euer and to bare them
harmless and in damnifye from any other persons whatsoeuer
whether English or Indian that shall lay anny claime to ye
' *♦ The Towne haue declared by uote y' Quortermaster Pirkins
shall procure of ye Honnored Generall Winthrup a coppy of ye deed
as ye Honored Gouernor Winthrup hed of ye Saggemore of ago-
wam." — Topsfield Town Records, volume 3, page 108.
' Volume 3 , page 1 1 1 .
[ ^33 ]
premisis or any part thare of that hather to bene improued
or posesed by ye Towne aforesaid : by vertue of any Indian
title or conueyance I y^ aforesaid Samuell English doe a gaine
declare that in considerasion of three pounds corrent mony
in hand paid by a committy apointe by y^ Towne of Tops-
field to agree with mee in behalfe of said Towne : doe for
my selfe and Heirs &c : renounce and Relinquish : all my
reall or soposed Right with in y^ limmits aforesaid : and doe
hereby confirme to y^ committy aforesaid : in behalfe of said
Towne and to thare Heirs &c: for euer: (ye names of y^
comity being Cap* John Gould Leiu' Thomas Baker Cap*
John How En^ Samuell Howlet and Isaac Pabody) ye afore
said premises : and y' it shall be lawfull to and for ye said
Towne for euer here after to haue hould quietly and peace-
ably in Joy ye premises thay thare heirs Executors Adminis-
trators and asigns foreuer in testimony whare of I ye said
Samuell English haue here vnto set my hand and scale ; this
twenty eight day of march anno dominj one thousand seuen
hundred and one : and in y^ thirtenth yeare of his maiastie's
Reigne William the third of England &c
signeed sealed and diliuered
in ye preasence of witnesses
Joseph Capen z*^
John Pricherd ye mark of \ English
Nathaniell Pearly ^
Ipswich may y^ fortenth day 1701 then y« a boue said
Samuell English personally apered and acknowlidged this
instrement to be his free act and deede be for mee
John Appleton : Justis of ye peace
Of these witnesses, Rev. Joseph Capen was the
pastor of the church in Topsfield and forty-two years
of age. He lived in the old Capen house, which is
still standing. John Prichard was about the same
age; and Nathaniel Perley lived over the town line.
[ 134]
in Boxford, and was much younger. John Appleton,
the magistrate who took the acknowledgment of the
deed, Hved in Ipswich and was the same justice who
took the acknowledgment of the grantors in several
other of the Essex County Indian deeds.
At a town meeting held June 24, 1702, it was
voted that the charges of this deed should be paid
by levy on the lands within the town.'
» "At a lawfull Towne meeting ye 2^^^ of June 1 701 theTowne
did agree that y* ye charge as did arise about a greeing with ye in-
dians a bout ye lands of our Towne of Topsfield shall be raised on
ye lands in our Towne only." — Topsfield Town Records, volume 3,
page 1 10.
INDEX
INDEX
Abbot Hall, Marblehead, 54.
Abousett River, 14.
Addington, Isaac, 112, 117.
Agawam, 6, 7, 25, 27, 29, 45, 47, 48,
49. ^7, 88, 89, 90, 93, 94, 98, 102,
106, 108, 109, 116, 118, 127, 132J
Sagamore of, 6, 25, 27, 29, 45, 47,
48, 49, 87, 88, 93, 94, 98, 102, 106,
108, 109, 116, 118, 132.
Agawam Bay, 27.
Agawam tribe, 3.
Agawam, 132.
Agawon, 90.
Aggawam, 116, 127.
Aggawom, 88, 89.
Aggowam, 116.
Agowam, 132.
Ahaton, 51.
Ahawayet, 50.
Ahawayetsquaine, Joane, 54, 55, 56,
57, 58, 59, 60.
Ahawton, 51.
Alewives, 38, 39.
Algonquin race, 3.
Allen, Ens. Joseph, loi, 102, 103.
Amasquanamett, 90.
Amesbury, 5.
Andover, 4, 14, 15, 35, 36, 37, 38,
39, 71, 75, 107, 109, no, 113,
122, 123 ; conveyance of, 35, 39.
Andover, Hampshire, England, 38.
Andover road, 44.
Andrews, Serg. Thomas, 116.
Andros, Sir Edmund, 28, 64, 112, 131.
Annamutaage, 4, 5.
Annisquam, 7.
Appleton, John, 104, 129, 133, 134.
Appleton, Samuel, 29, 64, 65.
Appooquahamock, 10.
Asslebee, John, 15.
Attitash Pond, 5.
Atwood, Philip, 120, 121, 124, 125,
126.
Augamtoocooke, 5.
Augoan, 6.
Babson, John J., 7.
Bacon, Daniel, 86, 87.
Bagnall, Walter, 50.
Bailey, Ens. Joseph, 120, 1 21.
Bailey, Sarah Loring, 4, I 5.
Baker, Thomas, in, 131, 133.
Baker's Island, 86.
Baldpate Pond, 107.
Barbadoes, 10.
Barnes' Pasture, 107.
Bartholmew, Henry, 59, 60.
Bartlet, John, 42.
Bass River, 8, 9, 11, 79, 80, 112, 123.
Bassett, William, 68, 70, 72.
Beal, William, 52, 53.
Beaver Brook, 55.
Beaver Swamp, 123.
Beverly, 8, 16, 80, 85, 88, 89, 90, 91,
92, 96; deed of, 88, 89, 90, 91,
92.
Beverly Harbor, 13.
Billerica, 45, 91, 98, 104, in, 115,
1 18, 127.
Bishop, ,61.
Black Will, 49, 50.
Blanchard, Samuel, 15.
Bligh, Samuel, 74, 75.
Blue Hills, 7.
" Body of Liberties," 32.
Boston, 19, 25, 27, 28, 30, 38, 39, 43,
60, 61, 62, 64, 65, 67, 71, 112.
Boston Latin School, 37.
Bowhow, Piam, 51.
Box tree, no, 113.
Boxford, 38, 106, 108, 109, no, 113,
n4, n5, n6, 127, 134; deeds of,
106, 107, 108, 109, no, ni, 112,
113, 114, 115, 116, n 7.
Boynton, John, 115, 116, 120, 121,
124, 125, 126.
Boynton, Capt. Joseph, 118, 119.
Bradford, 3, 47, no, 113, 116, 120,
121, 123, 124, 125, 127, 128, 130;
deeds, 120, 121, 122, 123, 124, 125,
126, 127, 128, 129, 130.
Bradstreet, Anne, 61.
Bradstreet, Col. Dudley, 107, 108, ni,
115, 116, 122, 126.
Bradstreet, Gov. Simon, 60, 61.
Braintree, 29.
[ 137 ]
[ "38]
Brattle, Capt. Thomas, 64., 65.
Brereton, Sir William, 14.
Bride's Brook, 71.
Bridges, Edmund, 107.
Bridges, Josiah, 106, 107, 108, 109,
1 10, III, 113, 114, 115, 116, 117.
Briscoe, Robert, 91, 92.
Bristol, England, 42, 46.
Brixham Parish, Plymouth, England,
33-
Brown, Amos, 98.
Browne, Benjamin, 12, 89.
Browne, John, 68, 70, 72.
Browne, Lieutenant, 34.
Buckingham, Duke of, 25.
Bulkeley, Rev. Edward, 67.
Bulkeley, Peter, 67.
Burnum, John, 7.
Burrill, 68, 70.
Byfield Parish, 27, 43.
Calamy, Dr., 38.
Cambridge, 9, 10.
Capawock, Island of, 22.
Cape Ann, 7.
Cape Nahannte, I4.
Capen, Rev. Joseph, 133.
Capen house, Topsfield, 134.
Champlain, Samuel de, 4.
Chaplain of Court of Commissioners which
tried Charles I., 38.
Charles I., 38.
Charles II., 30, 59, 61.
Charles River, 120.
Charlestown, 15, 28, 71.
Chase, George Wingate, 4.
Chebacco, 7, 27.
Chebacco Creek, 25, 26.
Chebacco River, 27.
Cheever, Rev. Samuel, 63.
Chelmsford, 45, 54, 55, 68, 78, 9 1, 93,
98, III, 118, 127.
Chelsea, 13.
Christian Indians, 9, 11.
Church at Natick, 10.
Cicely, 69, 70, 72, 73, 74, 78, 79.
Clark, Noah, 18, 19.
Clement, Job, 15.
Clement, Lydia, 15.
Clement, Robert, 32, 33, 126, 127.
Cloth, 37.
Clothes, suit of, 49.
Coat, 39.
Cochickawick, 14, 15, 35, 36, 39.
Cochickawick River, 38, 39.
Coffin, Tristram, 32, 33.
Cogswell, Jonathan, 7.
Conamabsquenooncant River, 13.
Concord, 67.
Connecticut, 25, 29.
Connecticut Colony, 29, 30.
Conopohit, James, 70.
Conopohlt, Mary, 70.
Corn, 38, 39, 40.
Corwine, Jonathan, 130.
Countess of Warwick, 61.
Court, Indian, 51.
Coventry, England, 43.
Coytmore, Thomas, 28.
Cutshamache, 35, 36, 37, 38, 39; sub-
mission of, to government, 35.
Cutsmake, 35.
Cutshamakin, 35.
Danvers, 77.
Danvers River, 3, 13.
David, 9, 10, II, 64, 65, 66, 67.
Davis, Thomas, 32, 33.
Deeds, Indian, force and effect of, 18.
Devereaux, John, 11, 52, 53, 55, 56,
57, 58, 62.
Dexter, Thomas, 49.
Dole, Richard, 46, 47.
Dorchester, 35.
Douglas-Lithgow, Dr. R. A., 4, 5, 6,
7, 14, 15-
Dover, 15.
Downing, Emanuel, 28.
Downing, Sir George, 61.
Downing, James, 28.
Dracut, 4, 5.
Dublin, 25.
Dudley, President, 76.
Dudley, Anne, 61.
Dudley, Mercy, 37.
Dudley, Gov. Thomas, 37, 61.
Duke William, 49.
Dukes County, 22.
Dummer's, Mr., farm, 27.
Dunster, President, 38.
Earl of Lincoln, 61.
Eastman, Samuel, 129.
Effect of Indian deeds, 18.
Eight-Mile tree, no, I13.
Elliott, Andrew, 85.
Elm tree, great, 107.
Emmanuel College, 61.
Endecott, Gov. John, 13.
England, 60, 61.
[ 139 ]
English, Joseph, 54, 59, 60, 88, 89, 90,
9I) 93) 94' 9S> 9^> 9^' "-'°' '°^'
III, 112, 113, 114, 115, 118, 121,
123, 124, 125, 126, 127.
English, Samuel, 45, 47, 48, 88, 89, 90,
9') 93> 94) 95) 9^) 9^) 10°) loi)
102, 103, 104, 105, 106, 107, 108,
109, III, 112, 113, 114, 115, 116,
ii8, 119, 122, 123, 124, 125, 126,
127, 129, 130, 131, 132, 133.
English, Susannah, 91.
Ephraim, Peter, 10, 78.
Essex, 7, 27.
Essex Institute, 25, 27.
Essex Regiment, 76.
Evered, Capt. John, 4, 5.
Fairbank, Jonathan, 48, 103, 104.
Farrington, Matthew, 68, 70.
Faulkner, Edmund, 38.
Firman, Dr. Gyles, 26.
Fiske, Capt. Thomas, 98.
Force of Indian deeds, 18.
Forest River, 8, 13, 55 ; bridge, 55.
Foster, Joseph, 45, 48, 91, 98, 99, 100,
103, 104, III, 115, 117, 118, 120,
126, 127, 129, 130.
Gage's Island, 122, 123, 124.
Gale, Bartholmew, 86.
Gardner, Capt. Joseph, 61.
Gardner, Samuel, 77, 79, 80, 81, 82, 83.
Gas, Riviere du, 4.
Gedney, Bartholomew, 8, 9, 75, 76, 85.
Gedney, William, 77, 78.
George, 8, 9, 10, 11, 12, 49, 50, 52,
54) 55) 69, 70, 78.
George with No Nose, 9, 11, 51, 52,
68, 69, 72, 87.
Gerrish, Mr., 62.
Gerrish, Capt. William, 41, 42.
Gibbens, Capt. Edward, 35.
Gloucester, 7, 10 1, 102, 103, 104, 105 ;
deed of, loi, 102, 103, 104, 105.
Gookin, Daniel, 9, 10, 11, 51, 52.
Gorges, Sir Ferdinando, 67.
Gorges, John, 14.
Gould, Capt. John, 131, 133.
Great Nahant, 71.
Great Neck, 55, 56.
Great Pond, 5.
Great Tom, 41, 42, 43.
Greeley, Philip, 129.
Greenough, Robert, 127, 128.
Griffin, John, 126, 127.
Groton, Suffolk County, England, 25.
Gunpowder, 35.
Hagar, 43, 44, 45.
Hale, Isaac, place, 107.
Hamilton, 6.
Handforth, Chester County, England, 14.
Harding, Capt. Robert, 28.
Hardy, Samuel, 85.
Hardy's Rock, 123.
Harsey, Lt. William, 68, 70.
Hart, Joseph, 76.
Harvard College, 36, 38.
Hathorne, John, 12, 87,89, 91,130.
Haverhill, 3, 4, 5,31, 32, 33, 34, 122,
126, 127; deed of, 31.
Haverhill Historical Society, 34.
Hawks, John, 74, 75.
Hayward, John, 59, 61, 67.
Hazen, Edward, 107.
Hazen, Samuel, 126.
Hazen, Thomas, 106, 107, 108, 109,
no, III, 1 13, 1 14, 115, 116.
Herrick, Joseph, 88, 95, 96.
Higginson, John, li, 64, 77, 78, 79,
80, 81, 82, 83, 96.
Higginson, Rev. John, 64.
High Field, 44.
Hill, Dea. John, 85.
HiUiard, Hugh, 26.
Hinchman, Major, 130.
Hirst, William, 77, 79, 80, 81, 82, 83.
Holyoke Building, Salem, 87.
Hood, Richard, 71.
Horbling, Lincolnshire, England, 61.
How, Capt. John, 131, 133.
Howlett, Ens. Samuel, 131, 133.
Hubbard, Rev. William, 5.
Huntington, William, 5.
Hutchin, Daniel, 65, 66, 67.
Hutchinson faith, 28.
Igowam, 6.
Indian Court, 51.
Indian Field, 5, 43, 44.
Indian Hill, 41.
Indian Swamp, 5.
Indians, Praying, 51.
Inglish, Joseph, 88, 99, 117.
Inglish, Samuel, 88, 99, 130.
Inner Temple, 25.
Ipswich, 5, 7, 25, 26, 27, 28, 29, 87,
100, 102, 103, 104, 106, 107, no,
113, 116, 129, 133, 134; deeds of,
25, 26, 27.
[ HO ]
Ipswich Meeting-House, no, 113.
Ipswich River, 14, 71, no, 113, 116.
Ironworks, 29, 49, 65.
Jackson, Caleb, no, 113.
James, n, 12,49, S'- 5^, 53. 54, 59-
Jeremiah Meadow, 128.
Jewett, Dea. Ezekiel, 118, ng.
Jewett, Joseph, 15.
Joane, 9.
Job, 43, 44, 45.
John, 8, II, 12, 13, 49, 60, 88, 89,
90, 94.
Johnson, Daniel, 74, 75.
Johnson, Capt. Edward, 15.
Johnson, Francis, 49, 50.
Johnson, Samuel, 68, 70.
Johnson's Brook, 128.
Johnson's Creek, 128.
Johnson's Pond, 123.
Joyliffe, John, 28.
Kenoza Pond, 5.
Kimball, Corp. Richard, 120, 121.
Kimball's Pond, 5.
King, Mr., 71.
King, Ralph, 68, 70, 72.
King's Chapel Churchyard, 30.
Knight, John, 46.
Knight, Joseph, 46, 47.
Knowlton, John, 93, 94, 96.
Kunkshamooshaw, Abigail, 69, 72, 73,
74-
Kunkshamooshaw, David, 68, 69, 70,
72. 73, 74-
Kunkshawmooshaw, David, 69.
Kunkskawmushat, David, 67.
Labor-in-Vain Creek, 25, 26.
Ladd, Lt. , 34.
Laughton, Thomas, 74, 75.
Lawrence, 14, 35.
Laws, First code of, 32.
Leach, Robert, 93, 94, 96.
Lee, Samuel, 93, 94, 96.
Lewis, Alonzo, 14, 76.
Lincoln, Earl of, 61.
Lindall, Timothy, 77, 79, 80, 81, 82,
Lindsey, Christopher, 49.
Little Bytham, Lincolnshire, England, 42.
Little Nahant, 71.
Little Pond, 123.
Log Bridge, 65.
London, England, 25, 46.
Lynn, 9, ir, 13, 14, 49, 53, 64, 65,
67, 68, 69, 70, 71, 72, 73, 74, 75,
76, 77, 80, 85, 121 ; deeds, 64, 65,
66, 67, 68, 69, 70, 71.
Lynn River, 71.
Lynnfield, 67.
Magus, John, 11.
Mahanton, 10.
Maiden, 71, 121.
Maiden Mill Brook, 10.
Manancuset, 4, 5.
Manatachque, I 1.
Manchester, 86, 93, 94, 95 ; deed of,
93,. 94, 95, 96, 97, 103.
Map of New England, by William Wood,
7-
Marblehead, 8, 9, 11, 12, 13, 51, 52,
53, 54, 55, 56, 57, 58, 60, 62, 71,
80; deed of, 51, 54, 62.
Marlborough, England, 33.
Marsh, James Rumney, 8, 9, 10, 11,
13, 54, 56, 57. 58, 59, 60, 64, 65,
66, 67, 78, 79, 81, 82, 83, 84, 85.
Marston, Benjamin, 86, 87.
Martha's Vineyard, 22, 86, 87.
Mary, 43, 44.
Mascanomenet, 116.
Maschanomett, 48, 99, 100, 102, 109.
Maschanominet, 45.
Maschonomet, 29.
Masconnomo, 29.
Masconomet, 6, 25, 26, 27, 28, 36,
45, 47, 88, 89, 93, 98, 106, 108,
118, 131.
Mashabequa River, 8.
Mashabequash River, 9.
Mason, Capt. John, 67, 88, 120.
Mason, Robert Tufton, 88, lao.
Maskenominet, 108.
Masquenomenet, 118.
Masquenomenett, 94.
Masquenomenit, 94.
Masquenominet, 127.
Masquonomonit, 122.
Massabequash River, 8, 9, 13.
Massachusetts, 7.
Massachusetts Indians, 4.
Massachusetts tribe, 3, 12, 35, 39.
Massacre, impending, 31.
Massquanomenett, 88, 89.
Mather, Rev. Cotton, 38.
Maverick, Moses, 52, 53.
Mayhew, Thomas, 86, 87.
Medfordj 12.
[ '41 ]
Merrimack River, 3, 4, 5, 6, 27, 35,
38, 39. 47, "2, "3, »20. 122,
123, 124, 128.
Middleton, 3.
Misery Island, 85.
Misdck, 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, 1 12, 115, 122.
Muschonomett, 123.
Musconimet, 27.
Muscononimet, 28.
Musquanomenit, 132.
Musqunomet, 113.
Musquonomet, 112.
Musquonominit, 125.
Musquonomitt, 123.
Musquonomonet, 113, II 5.
Musquonomonit, 115,123.
Mynomack River, 4.
Naamkeke River, 9, 11.
Nahant, 9, 11, 49, 50, 67, 71 ; convey-
ance of, 49.
Nahanteau, 14.
Nahanton, 10.
Nahumkege, 11.
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, I 3.
Naumkeag, 6, 7, 8, 9, 10, II, 12, 35.
Naumkeag Indians, 3, 13.
Naumkeag River, 8, 79, 80, 1 1 2, 113.
Naumkeeg River, 112, 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, 1235 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,
58.
Nonopownogo, David, 57.
North Andover, 3, 35, 38.
North River, 12, 13.
Norton, Mr., 61.
Norwich, England, ill.
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,
III, 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, 151, 133.
Peabody, John, 106, 107, 108, 109, 1 10,
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.
[ H2 i
Pentucket, 4, 5, 31, 32, 33.
Pentucket tribe, 3, 31.
Perkins, Abraham, 103, 104.
Perkins, Quartermaster, 132.
Parley, Allan, 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, HI, 113, 114, 115, 116, 126,
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, 1 18, 119.
Plough Plain, 64, 65.
Ponham, Mary, 75.
Poore, Maj. 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, ^i, 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, 5 i.
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, Thomas, 8, 9, 50.
Quechig River, 15.
Quehusson, Thomas, n.
Quichechacke, 15.
Quichichwich, 15.
Quyacheck, 15.
Read, Richard, 52, 53.
Reading, 67, 68, 69, 70, 71, 72, 73,
74, 80.
Rhode Island, 28.
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, no, 113,
116, 118, 119, 122, 127, 128;
deed of, 1 18, 1 19.
Rowley road, 125.
Royal Society, 30,
Ruck, John, 77, 79, 80, 81, 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,
13, 54, 56, 57. 58, 59, 60, 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,
29, 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, 8s, 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.
See wamapenessett 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, 11, 12, 36.
Stanton, Highworth, Wiltshire, England,
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, 1 3 1.
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, AbrahariA, 41, 42.
Topsfield, 14, 27, 80, III, 131, 132,
133, 1345 deed of, 131, 132, 133,
.'34-
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,
118, 122, 123, 124, 126, 127, 130.
Upper Falls, 44.
Usqueakussennum, Thomas, 81, 82, 84,
85.
Waabaquin, John, II.
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, ".4, 75.
Warwick, Countess of, 61.
Washington, D. C, 41.
Wattawtinnusk, 78, 79, 81, 82, 83, 84.
Wattawtinnuske, 85.
Wauban, Thomas, 10.
V/auches, Betty, 88, 89, 91.
Wauches, Jeremiah, 88, 89, 90, 91.
Wawches, Jeremiah, 90.
Wayband, 51.
Waymessick, 78.
Webb, Capt. John, 4, 5.
Webcovvit, 12.
Wehehuf, 9.
Wenepawweekin, 54, 55, 69.
Wenepawvveekin, Sarah, 54, 55, 56, 57,
58, 59-
Wenepawweekin, Susannah, 54, 55, 56,
57, 58, 59, .60.
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.
WiU's Hill, 71, 116.
Will's Hill men, no, 113.
William III., 48, in, 129, 133.
William, Duke, 49.
Williams, Rev. Roger, 7, 16.
Williams, William, 18, 19.
Wine, 37.
Wingaersheek, 7.
Winnepurkin, 1 1.
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, 150
Woburn, 71.
Wonasquam, 7.
Wood, David, 108, 116, 117
Wood, William, 6, 7.
Woodberry, Joseph, 97.
Woodberry, Thomas, 91.
Woodberry, William, 85.
Woodbridge, 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.
Wuttaauatinnusk, Sarah, 79, 81, 82, 83.
Yawataw, 78, 79, 81, 82, 83, 84, 85.
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