Monday, October 28, 2019

Amanuensis Monday -- 1765 Deed of Benjamin Pemberton Selling Land to Simon Gates in Worcester County, Massachusetts

This week's document for Amanuensis Monday is a 1765 deed of  Benjamin Pemberton of Roxbury selling land to Simon Gates of Bolton in Westminster, Massachusetts in the Worcester County, Massachusetts Land Records: 

[Volume 99, pages 445]

The transcription of this deed is:

[page 445 on right-hand page]

[in top margin]
Pemberton Benjamin to Simon Gates

[body of text, handwritten text in italics]

To all People to whom these Pres-

ents shall come, Greeting.  Know ye That I Benj^n Pemberton of Roxbury in the
County of Suffolk in New England Esqr
For and in Consideration of the Sum of Seventeen pounds lawful Money
to me in Hand before the ensealing hereof, well and truly paid by  Simon Gates of Bolton
in the County of Worcester in the Province of y^e Massachusetts Bay in New England
the Receipt whereof I do hereby acknowledge, and my self therewith fully satisfied and contented; and thereof,
and every Part and Parcel thereof, do exonerate, acquit, and discharge him the said Simon Gates
his Heirs, Executors, and Administrators, forever by
these Presents: HAVE given, granted, bargained, sold, aliened, conveyed, and confirmed; and by these Presents, Do freely, fully
and absolutely give, grant, bargain, sell, aliene, convey and confirm, unto him the said Simon Gates
his Heirs and Assigns forever, A certain lot of land
lying in a Township formerly called Narrow Ganset Number Two
now call^d Westminster said lot contains sixty two Acres, two Acres being
allowed for a by way it being the second division of lots lying in the
Northwesterly part of y^e Town aforesaid and bounds part on y^e twenty second
& part on y^e twenty third lots East on y^e twenty eighth lot & part on the undi-
vided land Northwest on y^e twenty seventh lot said lot runs in length one
hundred & sixty rods North and is sixty two rods wide the Corners are right
Angles the west Corner mark is a stake & stones y^e East Corner is a stake
and stones, y^e South Corner is a stake & stones the West Corner is a stake
and stones; or however the said land is bounded or reputed to be bounded
& the contents thereof more or less then said sixty two Acres.

To HAVE and to HOLD the said granted and bargained Premises, with all Appurtenances, Privileges and Commodities to the
same belonging, or in any wise appertaining to him the said Simon Gates his
Heirs and Assigns forever, to him and his
only proper Use, Benefit, and Behoof forever.  And I the said Benjamin Pemberton
for my Heirs, Executors
and Administrators, do Covenant, Promise and Grant, to and with him the said Simon Gates
his Heirs and Assigns, that before the ensealing hereof, I am the
true, sole, and lawful Owner of the above bargained Premises, and am lawfully seized and possessed of the same in my own
proper Right, as a good, perfect, and absolute Estate of Inheritance in Fee Simple:  And have in myself good Right,
full Power, and lawful Authority, to grant, bargain, sell, convey and confirm said bargained Premises in Manner as aforesaid: 
And that y^e said Simon Gates his Heirs and Assigns, shall
and may from Time to Time, and at all Times forever hereafter, by Force and virtue of these Peresents, lawfully, peacably, and
quietly Have, Hold, Use, Occupy, Posses and Enjoy the said demised and bargained Premises, with the Appurtenances, free and
clear, and freely and clearly acquitted, exonerated, and discharged of, from all and all Manner of former or other Gifts, Grants,
Bargains, Sales, Leases, Mortgages, Wills, Entails, Jointures, Dowries, Judgments, Executions, or Incumbrances, of what Name
or Nature soever, that might in any Measure or Degree, obstruct or make Void this present Deed.

Furthermore, I the said Benjamin Pemberton
for my self my Heirs, Executors, and Administrators, do Covenant and Engage the above demised Premises to him
the said Simon Gates his
Heirs and Assigns, against the lawful Claims or Demands of any Person or Persons whatsoever, forever hereafter to Warrant, Secure
and Defend by these Presents.  In witness whereof I have hereunto set my hand & seal
this fourth Day of September ADomini 1765 and in the fifth year
of his Majestys Reign                                               Benjamin Pemberton  {SS}
Sign^d seal^d & deliver^d
In presence of     }  Suffolk ss Boston Sept^r 14^th 1765 Benjamin Pem-
Geo. Minott        }  berton Esqr freely Acknowledged the above written in-
Benj^a Harris     }  instrument to be his Act and Deed.
                                              Before me Samuel Weller Jus^t Pais
Rec^d May 17^th 1786  Entered and Examined pr Dan^l Clap  Reg.

The source citation for this recorded deed is:

"Massachusetts, Land Records, 1620-1986," digital images, Church of Jesus Christ of Latter-Day Saints, FamilySearch ( : accessed 13 January 2015), Worcester County, "Deeds, 1785-1786, Vol. 98-99," Volume 99, Page 445, image 574 of 685, Deed of Benjamin Pemberton to Simon Gates, executed 14 September 1765, recorded 17 May 1786; citing records in land offices and county courthouses, statewide in Massachusetts.

This deed is probably the first deed of Simon Gates (of Bolton) buying land in Westminster, Massachusetts in 1765 from Benjamin Pemberton (of Roxbury) for 17 pounds.  Benjamin Pemberton may have been a proprietor or speculator who bought lots in Narragansett Number 2 (later renamed Westminster) when the township was formed in the 1740s.  This lot is 62 acres, measuring 160 rods north-south and 62 rods east-west, with a road way running through it.  I think this lot is located in what is now the town of Gardner, which was partitioned in the 1780s from Westminster.

Note that this particular record is on a printed form wherein the particulars are written in blank areas, which contributes to the "messy" transcription above.  Some blank areas were not written in on some lines.  The wording of this deed is much more complex than later deeds in the same County.  With this form, a reader can see that there is punctuation and capitalization on the printed form.

Simon Gates (1739-1803), son of Amos and Mary (Hubbard) Gates, who married Susanna Reed (1745-1833) in 1766, is my 5th great-grandfather.  I am descended from their son, Nathan Gates (1767-1830) who married Abigail Knowlton (1774-1855) in 1790.


NOTE:  Genea-blogger John Newmark (who writes the excellent  TransylvanianDutch blog) started a Monday blog theme years ago called "Amanuensis Monday."  John offers this definition for "amanuensis:" 

"A person employed to write what another dictates or to copy what has been written by another."

The URL for this post is:

Copyright (c) 2019, Randall J. Seaver

Please comment on this post on the website by clicking the URL above and then the "Comments" link at the bottom of each post.  Share it on Twitter, Facebook, or Pinterest using the icons below.  Or contact me by email at

No comments: