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"And in testimony hereof, and that the aforementioned division, partition, and settlement may remain firm and stable, and be held good and valid, by the sd parties and their successors respectively forever, according to the true intent and meaning of these presents, the respective committees for Harvard College, for the Chh. and for the Town of Rowley, have to these presents interchangeably set their hands and seals, the day and year first before written.

"Thomas Lambert, [Seal.]

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“Then Tho3 Lambert, Esq., Ephraim Nelson, Humphrey Hobson, Joseph Jewett, Jr., John Northend, Jere1 Chaplin, Nath' Mighill, and Sam' Dickinson, all personally appeared and acknowledged ye above and foregoing written instrument to be their free act and deed.

"Before DANIEL APPLETON, Js. Ps."

The foregoing division of lands between the College and Town of Rowley, was probably agreed on some time earlier than the date indicates; as the records of the town show that that portion of said lands which fell to the town, was divided among the several parishes in town, as early as July 24th, 1735. Which division was as follows.

"May 12, 1735. The town appointed Sergeant James Hibbert, Ens. John Northend, Corp. Joshua Jewett, Dea. William Searle, and Mr. Isaac Adams, a committee to make a division of said lands, and to report a draft of the division to the town for their acceptance. "July 24. The committee laid their doings before the town, and the same was accepted, and ordered to be put on record, viz.

"REPORT.

"1st. That the First Parish in said town shall have all the lands and meadows being and lying in the First Parish in Rowley, that was given to the church and town of Rowley by the Rev. Ezekiel Rogers, late of Rowley, deceased, and all the other lands and meadows in said First Parish, belonging to said town, as is hereafter mentioned, viz.

"All the salt marsh at a place called Cow-bridge marsh.

"Also all the marsh at a place called Sandy bridge, and also all the upland adjoining to it in the farm, so called, being now in the possession of Rev. Jedediah Jewett.

"Also all the land at a place called Planting hill.

"Also all the land at a place called Shatswell's ground.

"Also all the meadow at a place called Shatswell's meadow.

"All which lands and meadows were given to the church and town of Rowley, by Rev. Mr. Ez. Rogers, deceased.

"Also all the pasture land in the east and west oxpastures, being six ox-gates in the east end ox-pasture,

and four ox-gates in the west end ox-pasture, longing to said town.

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"Also all the land in Mill-swamp pasture, it being the right of two freeholds in that division, belonging to said

town.

"And also the one half of the farm called Spofford's farm, viz. the southerly side of the farm, which Mr. John Spofford and Mr. Jonathan Spofford are now in the improvement of. And also half of the Half-moon meadow belonging to said farm, both for quantity and quality, — now belonging to said town.

"2d. That the Second or West Parish in said town shall have one half of the farm called Spofford's farm, viz. the northerly side of said farm, which Mr. Samuel Spofford is in the improvement of; also half of the Halfmoon meadow, so called, both for quantity and quality, and four lots of land belonging to said town, in the upper commons, or above the brook called Pen brook, being the right of two freeholds in that division. And also the thatch-bank belonging to said town, at a place called Oyster point. And also £17 in bills of credit, to be paid to them by said town. And also to discount them the rent of the thatch-bank the last year.

"3d. That the Rowley part of Byfield Precinct shall have the town's lands, that are now in their improvement, in said Precinct, viz.

"The meadow called Hawk-meadow, with the upland belonging to it, as it may appear by record.

“And also the lands in the new ox-pasture, so called, belonging to said town. And also the land in the grea swamp pasture. And the land by Richard Leighton's, on the south side of the way, now in the improvement of said Leighton, belonging to said town. And also four

lots in the middle commons, so called, belonging to said town, being the right of two freeholds in said division.

“We also agree, that the said town shall put each parish, and the Rowley part of Byfield Precinct, into possession of their division of said lands and meadows, and particularly that the town put the First and Second Parishes into possession of Spofford's farm and the Halfmoon meadow belonging thereunto; viz. the First and Second Parishes into possession of their particular part of it, when the present lease of said farm is up, or at an end, at the cost and charge of said town.

"We also agree, that the town shall find convenient ways to each division and parcel of their lands and meadows that is above divided, not already provided.

"And further we agree, that if the division, or any part of the division, as above mentioned, divided or set off to the First Parish, and Second Parish, and Rowley part of Byfield Precinct, as above divided, be withheld from whom it is above divided, or be taken from them. by any law suit, that the town shall be at the cost and charge of defending their rights in every division, and every part of each division, against the lawful claim of any person or persons whatsoever.

"And also we agree, that, if any particular part of any division of land, set off or divided to the above said First Parish or Second Parish, or Rowley part of Byfield Precinct, shall be taken away from them by law, then the said town is to pay so much money yearly, to the party or parties, from whom such particular piece of land or meadow shall be taken, as it shall rent for yearly.

"Also, we agree, that all above written shall be a full

and final settlement of the above said lands and meadows above mentioned, for the future, or for time being. "In witness whereof, we have set to our hands.

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"Dated Rowley, July 14, 1735."

Joseph Jewett, Jr., Samuel Dickinson, Daniel Plumer, Richard Thurston, Benjamin Stickney, and Ebenezer Burpee, dissented from the acceptance of the above report, and caused their dissent to be entered of record.

MERRIMACK LANDS.

As early as 1649, measures were taken for settling that part of ancient Rowley, now within the town of Bradford. In the spring of that year, the town entered into an agreement with Robert Heseltine, John Heseltine, and William Wild, to commence a settlement there. This agreement was finally put in writing, and entered upon record, December 3, 1652, as follows, viz.

“Whereas, the covenant betwixt Robert Heseltine, John Heseltine, and William Wild, on the one partie, and the town of Rowley on the other partie, in the year one thousand six hundred and forty-nine, at their going to sett downe at Merrimack, was too implicitly drawn up, both in regard of uplands, meadows, and other accommodations, they were to have of the towne, as allsoe what they were to doe for the towne of Rowley in consideration of the aforesaid privileges, which the aforesaid towne granted unto them. It was therefore ordered

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