136 Agreement between Ezekiel Northend and Harvard College

    This Agreement had made and concluded this fifth day of April Anno Domini 1704 betwixt Mr. Ezekiel Northend of Rowley in the County of Essex within the Province of the Massachusets Bay in New England of the one part and Mr. Philip Fowler of Ipswich in the County aforesaid as attorney to Mr. Thomas Brattle of Boston Treasurer of and for Harvard Colledge in Cambridge in the County of Middlesex of the other part. Witnesseth that whereas there is a certain parcel of upland and marsh ground and swampy land situate in the Township of Rowley aforesaid in the common field called the warehouse Pasture which belonged to Mr. Ezekiel Rogers of Rowley deceased and Mr. Ezekiel Northend of said Town deceased, bounded by lands formerly John Grants in part and partly by land of the Bradstreets joining to the line betwixt Ipswich and Rowley and partly by the River called the warehouse River and partly by land of Thomas Lambert and partly by land of Doctor Bennetts. Which said tract of Land and marsh ground hath been improved by their successors in joint tennancy and now said Lands belongeth the one halfe to Mr. Ezekiel Northend Son of said Ezekiel deceased and the other half given by said Mr. Rogers to Harvard Collidge as by his last Will and Testament more fully appears. And that each party may know and improve their half separate to their best advantage said Philip in behalf of said Mr. Brattle and for said Colledge use and the said Ezekiel in his own behalf and for his heirs and assigns for ever have this day agreed to make an equal division of the said Pasture to each Party their half and for that End have called in and improved help and assistance for the measuring and bounding said parts which being done to mutual content and satisfaction to each party is by these presents declared to be as followeth. Imprimis to said Ezekiel the upper end or half of said pasture nearest the Town of Rowley bounded by Ipswich line parting it, and Bradstreets Farm to a stake and stone by the ditch or Creek side downward from the Pasture that was Grants and Holmes his to the stake and stone forty six rods on that side next Ipswich line, the opposite side bounded by Doctor Bennetts land in part and partly by Thomas Lamberts Land to a stake and stone on a ditch side extending on that side twenty eight Rods, the other side bounded by the other half of said Pasture as the line runs streight from the last stake and stone mentioned to the first stake and stone mentioned against Bradstreets Farm in the line betwixt Ipswich and Rowley; . . . except the Benefitt of the way which said Philip reserves to be improved from time to time by such as shall occupy the Colledge land hereafter expressed . . . . Item it is mutualy agreed by said parties that said Philip Fowler as attorney to said Mr. Brattle Treasurer in the behalf of said Harvard Colledge and Corporation shall have all the rest of and lower end or side of said warehouse Pasture for the use and benefit of said Colledge and Corporation forever as it is bounded by the said Ezekiels half by the two stakes and stones on a streight line from the one to the other as expressed on each side and by Bradstreets Farm against the line betwixt Ipswich and Rowley in part and the River called the warehouse River in part and by Thomas Lamberts land in Part which tother half of upland and Marsh Ground the said Philip accepts of as the Right in said warehouse pasture given by said Mr. Rogers to the Colledge to be to the sole use and dispose of the Corporation of said Colledge for ever; . . . except the benifit of necessary ways from time to time to pass through for bringing out such hay as said Ezekiel and his heirs and assigns shall have occasion to Cart over . . . . In Testimony hereof and for confirmation of the premisses the parties have hereunto set their hands and seals the day and year first in this agreement written.

    Signed sealed and delivered to each

    Philip Fowler and a seal

    other in presence of Witnesses—

    Ezekiel Northend and a seal

    Daniel Ring

    Matthew Perkins

    Examined per Stephen Sewall

    Essex Ipswich April the 18 1704


    Then the abovesaid Philip Fowler

    and Ezekiel Northend personally

    appeared and acknowledged the

    abovesaid Instrument to be their

    act and deed John Appleton J. Pacis

    Essex a true Copy of Record as it appears Lib. 16th folio 124 &c.

    Examined Attest John Higginson Register

    A true Copy Examined

    per Mitchel Sewall Cler[icus]

    A true Copy Examined per Samuel Tyley Cler[icus]

    Rowley Lands Papers. Apparently a later copy. Three dots indicate omission of legal phraseology common to such documents.