Chebbacco was laid out by the lot-layers, and myself being present, four rods wide between my four acre lot at the West end of Heart-break Hill, between my lot and Goodman Giddings house lot which is now Ensign Burnham's or which was when I was last in Ipswich. I was displeased they took so much. I sold to my brother John." John Fuller, son of William, testified to the same effect, and added that there was no land inclosed between his father and Goodman Burnham's. He was thirty-eight years old. LEE'S MEADOW. Boundary lines were fixed by blaze marks on trees, by stakes and small heaps of stones, and such convenient natural objects as brooks and water-courses. As an inevitable result, boundaries were always in dispute, and committees on encroachment on the public domain found ample ground for their existence. The road to Chebacco was four rods wide by the location of the lot layers, but practically it was only a narrow winding wheel-rut, with no fence or wall to mark its course. This superfluous width was turned to good advantage by the thrifty town's folk. On Feb. 10, 1640/1, the Town voted that "the hay upon Chebacco waye toward Labour-in-vain Creek be granted to John Lee this year only," "the land itself being settled for a highway, the Town Having thus affirmed that John Lee shall have no ground for any possible future claim to ownership of this four rod strip because of his privileges therein, the town proceeded most complacently, and with much of serene satisfaction with this novel scheme for highway repair, to vote that the highway to Chebacco beneath Heart-break Hill" shall forever be repayred by the benefit of the grass yearly growing upon the same." Evidently John Lee paid due heed to keeping the highway in usable condition, presumably finding the arrangement profitable, for the town voted repeatedly that he should enjoy all the profits of the highway and "all the common ground lyeing at the foot of Heart-break Hill," maintaining the highway from Rocky Hill to William Lampson's lot "and if there be any ground that may conveniently be planted he hath liberty to plant it and secure it for himself he always leaving a sufficient highway for carting and drift." He continued his care of the way ten years at least, as the vote of Oct. 31, 1650, ordering the surveyors to repair the highways leading to Chebacco and to Castle Neck, makes exception of "that part of the highway that John Leigh hath undertaken." No one could do this work at greater advantage. His dwelling was on the Turkey Shore road, on the site of the houses lately built by the Atkinson Brothers, and he owned the broad stretch of meadow on the south side of the old road, still known by the older people as "Lee's meadow," stretching from Low's lane, now Heart Break Road, or thereabout, toward the Galbraith farm, and a small tract of upland on the hillside. In March, 1654, "being about seventy years old," Lee was released from ordinary training, but he lived until 1671. His inventory recorded that year mentions a 66 pasture by the gate by Sergeant Burnam's, £20-0-0." Further allusion to that gate is found in the Ipswich Court Record, which has preserved to his posterity that Joseph Lee, son of John, was summoned before the Court in 1681, "for cumbering the gate at Rocky Hill near Ensign Burnam's." We may dismiss so trifling an offence forthwith, but the allusion to the gate is an item of interest. The natural inference is that he obstructed some gate through which there was a public way and we may venture a step farther and imagine that this was a gate or place of passing through the "common fence" as it was called, which encircled the town. As early as 1637, it was voted that "a general fence shall be made from the end of the Town to Egypt River, also from the east end of the Town, in the way to Jeffries Neck," and liberty was granted to fell any trees that may be needed for this purpose. It was provided in 1639 that," in all common passages, and in such ways as lead to particular men's lands, sufficient gates shall be set up at the charge of those benefitted." A general or common fence of this kind, crossed the Old England road, as appears from a division of land between Leigh's sons, passed over Heart-break The author of "The Descendants of John Lee of Agawam," p. 80, is in error in locating his residence on the Heart-break Hill land. Hill and came down over the Chebacco way, thence across the fields, over County Road near the brook and on to the river. Its location was not quite agreeable to Thomas Burnam and John Fuller, and they presumed to move it, whereupon the Town sternly ordered, in the year 1650, that they should "remove that part of the Common fence at the entering of the field at Heart-break Hill, to the place where it stood before." 66 The Lee or Leigh ownership lends a piquant flavor to this ancient meadow. In his young manhood, he was of a turbulent and unruly temper. In The Mass. Colonial Records, we find " April 1st, 1634. It is ordered that John Lee shall be whipt and ffined for calling Mr. Ludlowe false-hearted knave, & hard heart knave, heavy friend &c." His vicious tongue and unseemly behavior involved him in fresh difficulties with the magistrates. In October of the same year, "It was ordered that "John Lee shall be fined XL for speaking rpchfully of none." Neither Judge nor Governor was safe from his revilings, and his humbler neighbor fared even worse at his hands. In 1641, "John Lee of Ipswich was accused of stealing the widow Haffield's bible was tried, found guilty, and sentenced to pay the widow 15s for her bible, and 10s for lying about it." He was fined for railing speeches in May, 1660, and in March, 1665, he was fined for contempt by non-appearance at Court; and in his old age, in March 27, 1667, he was "brought before court to answer for working in his swamp on Sunday, but brought witnesses to prove he was putting out a fire, and so was discharged." We may well fear that many a by-passer felt the sting of his tongue, and that his neighbors found him a sad trial, but the remembrance of his waywardness is mellowed with time, and he still remains a picturesque figure in the broad meadow. Thomas Burnham enlarged his property by the purchase of a ten acre lot, of John Emery of Newburyport (which was sometime 1 Mass. Col. Record, Oct. 1634. John Webster's), bounded by Leigh's land on the east, and his own west, with land of John Fuller between it and the highway, in 1653 (Jan. 13), and three acres of William Fuller which lay between his own land and that of John Lee, lately deceased when the deed was drawn in 1671,2 and at his death owned about twenty-five acres,3 which was divided between his sons James and Thomas, the latter receiving the house and land adjoining.4 John Lee left two sons, as well, John and Joseph. John sold his brother all his interest in the lands owned by their father.5 He had previously bought three acres of William Fuller, adjoining Thomas Burnham's. He removed to Concord, and sold thirty acres of meadow and upland to Major Francis Wainwright, Dec. 24, 1695.6 At this time it is evident that there was no highway leaving the Argilla road where the present Lowe's lane or Heart Break Road is, but the Burnhams and Lees owned the whole tract continuously. The first mention of this lane at this northern end occurs in the deed of Samuel Kinsman to George Creighton of Gloucester, of the dwelling, house, barn and four acres of land, the property now owned and occupied by Mr. J. Farley Kinsman, on July 14, 1777.7 Samuel was the son of John Kinsman, who bought much of the estate of James Burnham, who received it from his father, James. Creighton sold to Michael Kinsman, April 21, 1795,8 and his heirs sold to Joseph Kinsman, grandfather of the present owner, Jan. 31, 1821.9 The old barn by the roadside bears the date 1822, and was built, evidently, in the year following his purchase. The present house was built near the same date. Joseph Kinsman enlarged his modest property in 1835, by purchasing the six acre field on the corner of the lane of Geo. W. Heard. It is called "Lee's Meadow" in the deed, 10 which further recites that the eastern bound is on land formerly of Nathaniel Cogswell. Nineteen acres of the original Lee's Meadow were owned by Jonathan Wade at his death about 1749.11 His grandson, Dr. Nathaniel Cogswell of Rowley, inherited most of his estate, and his son, Northend Cogswell, of South Berwick, sold the meadow, 1 Essex Co. Deeds, 5:11. 2 Ipswich Deeds, IV. 3 Essex Co. Deeds, 9: 166. Essex Co. Deeds, 9: 161, 165, 168, Nov. 28, 1693. Ipswich Deeds, 4: 495, Sept. 27, 1681. Essex Co. Deeds, 2: 51. Essex Co. Deeds, 227: 24. 10 Essex Co. Deeds, 283:27. 11 Probate Record, 330: 435. estimated as containing sixteen acres, to John Heard in 1823.1 Increase H. Brown, of Marblehead, bought it of Thomas Brown and sold it to George Haskell in 1854.2 THE FORTY ACRES. The farm, now owned and occupied by Mr. John Galbraith, was owned by Mr. Frederic Bray, and previously by Dr. John Manning, who bought twenty-five acres here of Dr. Joseph Manning of Salem, in 1834,3 and erected the buildings. The deed recites that it was part of the estate of John Appleton, deceased. John Appleton acquired some thirty acres by a succession of small purchases from John Boardman, Jacob Boardman, John Kinsman and Nath. Cogswell, and it is specified in several of the transfers that the lots were part of the "forty acres so called," a designation which is still remembered by the old people. Samuel Rogers, son of the Rev. Nathaniel Rogers, received as part of his share of the parental estate, "forty acres, adjoining Mr. Wade, Mr. Saltinstall and Joseph Lee, 1684."4 I think this is the same property, as Mr. Wade owned the land on the east in 1697,5 and Mr. Nathaniel Rogers owned land immediately opposite. Mr. Rogers was probably the original owner. ARGILLA FARM. The land and marsh on the east side of the Labour-in-vain Creek, extending as far as the road known as the North gate road," were John Winthrop's three hundred acre farm, granted him in 1634. His title to the farm was beyond dispute and it redounds to his credit that he subsequently made terms with the Indian sagamore, whose dominions had been invaded by the English. The original document, by which the Indian transferred the land to Winthrop is reproduced in a Sketch of John Winthrop the Younger.6 "This doth testify that I Maskonomet did give to Mr John Winthrop all that ground that is betweene the creeke comōly called Labour in Vaine creeke & the creeke called Chybacko Creeke, for wch I doe acknowledge to have received full satisfaction in wampampeage & other things: and I doe heerby also for the sume of 1 Essex Co. Deeds, 274: 99. 2 Essex Co. Deeds, 490: 94. 3 Essex Co. Deeds, 189: 14. 4 Ipswich Deeds, 5: 146. 5 Essex Co. Deeds, 12: 16. 6 Publications of Ipswich Histor. Society, VII. |