USA > Maine > Oxford County > Fryeburg > The centennial celebration of the settlement of Fryeburg, Me., with the historical address > Part 6
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" In the House of Representatives, Feb. 24, 1763."
"The plan of a Township granted by this Court at their session in March, A. D. 1762, to Joseph Frye, Esq., and by him laid out at a place called Pigwacket, in the County of York; bounded at the south corner to a spruce tree marked ; from thence north 45 ° west, by the needle of the instru- ment, 2172 rods to a beech tree marked ; from thence north 45 ° east 2172 rods to a maple tree marked ; thence south 45 ° east 2172 rods to a pine tree marked ; thence south 45 ° west to the first bound."
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It appears by the records that, in 1763, the Proprietors "without being legally assembled to pass any votes with re- spect to the settlement of the township," " laid out upon the upland 57 house lots of 40 acres each," "and upon their intervale land 64 intervale lots of 20 acres each," and assigned to each and every right a 20 acre intervale lot, and to each and every right a 40 acre house lot, except seven rights, there being 64 rights in said township, including four for public uses.
On Feb'y 2d, 1766, it seems that sixteen of the Proprietors applied to Hon. Benjamin Lynde, one of his Majesty's justices · of the Peace, to call a meeting of the Proprietors " to be held at the dwelling house of Mr. Ezekiel Walker, in Fryeburg, aforesaid, on the 23d of June next ensuing the date hereof, at 9 o'clock in the forenoon,"-the object of said petition being, to have a meeting legally called, to do certain enumer- ated acts, and to determine how Proprietors' meetings should be called for the future.
Benjamin Lynde did issue his warrant, in compliance with the foregoing petition, and ordered Joseph Frye, Esq., to call the meeting at the time and place specified ; the meeting was holden, and most of the house lots and intervale lots before mentioned, were confirmed to the Proprietors, to whom they were originally laid out, in 1763.
At the same meeting the following vote was passed, viz :- " Voted that the aforesaid committee be and hereby are di- rected to lay out the meadows in said township that are now fit for mowing, into sixty-four shares, that shall be as near equal in value, one to the other, as possible."
Also voted at the same meeting, to lay out a second division, upland lot of 40 acres, and a second division, intervale lot of 30 acres to each right ; and in laying out said second division, of upland and intervale, the committee were to so lay out said second divisions, as to correct any inequalities in the first division, and thus to make each Proprietors' share of land in the first and second divisions of both upland and intervale of equal value.
Also voted to lay out one acre of land near the easterly side of Bear Pond for a meeting house.
Voted to lay out four acres adjoining said meeting house lot for a burying ground.
At a meeting holden July 27, 1767, is the first mention of roads in said township, when it was voted to lay out two open roads, the first to begin at the most suitable place on the
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town line, south of the river, and to run by the most conve- nient courses, on the same side of the river to Mr. Daniel Farrington's intervale land, being to the land now occupied by Caleb and Nathaniel Frye, Esq. ; the whole length of the road being about 6 1-2 miles.
The second beginning at the most suitable place on the state line, on the north side of the river, and running on the north side of the river and down the river by the most con- venient courses to the house lot of Andrew McMillan, No. 9, (probably 20,) the residence of the late Deacon Charles, being about 5 miles.
At this meeting, July 27, 1767, twenty of the sixty-four meadow lots were assigned, and the remaining meadow lots being 44, were decided by lottery at an adjourned meeting 6 days later, Aug. 3d.
The first vote in relation to building a grist mill was passed at this meeting, which provided to give the undertaker or builder, 60 acres of pine land including the mill privilege on Lovewell's brook, and 40 acres of pasture land adjacent, and 12 shillings lawful money, to be paid in cash, or in work at 4 shillings per day, to be raised out of each right in said town- ship, the four public rights excepted.
It seems by the Proprietors' Records, that prior to this meet- ing, they had discovered that the line of New Hampshire cut off the west corner of their township, containing 4147 acres of land, which was surrendered by Joseph Frye to the Gov- ernment of Massachusetts Bay, and accepted by the " Great and General Court," June 25, 1772, in consideration of which, said Court granted him the same amount of land, being known as Fryeburg Addition.
On the 7th April, 1774, Fryeburg Addition was conveyed to the Proprietors, by Joseph Frye, and accepted by them.
1774, Sept. 20th. The Proprietors voted to relay all their first and second divisions, upland and intervale lots, and 10 acres meadow lots, so that each Proprietor should have 80 acres upland and 60 acres of intervale.
1785, April 11th. "Voted that the distinction between upland and intervale, shall be no longer kept up, except to complete the first and second divisions of intervale land to 60 acres, and the deficiency of meadow lots.
1787. At meeting on first Monday in December, voted that so much of said Proprietors' lands shall be laid out of upland or intervale, or both, as a third division, as shall make each original right (including the two divisions of upland run out)
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equal to 180 acres of upland, and that the surplusage of the first and second divisions is to be considered as part of said third division.
1794, Sept. 15. Voted to lay out a fourth division of Pro- prietors' lands, and that 100 acres be the mean quantity and that the committee lay, more or less, to qualify equal to the mean lot to each right.
Thus it seems, at this time, each Proprietor was in posses- sion of 280 acres of land, mostly upland, 60 acres of inter- vale, and 10 acres of meadow; these lands or lots of land, were not, by any means, of equal area, for where a lot of land was not equal in quality to the standard, it was made up in quantity, and this was what they called qualifications ; for instance, third divisions, as has been already stated, were intended to be 100 acres, of a particular quality of land, the best remaining after laying out the previous divisions. Samuel Osgood's third division is recorded as follows :-
Acres. R. P.
Contents, Qualification,
217
1 12
117
1 12
Qualified Land,
100 0 00
1797, April 21. At a Proprietors' meeting holden this day, a vote was passed to lay out a fifth division of lands among said Proprietors, and the committee made their return of the same on the 31st day of May next ensuing. It was evidently the belief of the committee that they had then divided all the lands of the Proprietary. This division was more unequal in quantity than any previous divisions, and considered of little value, for it was mostly divided without any survey, by merely assigning on the plan of the township to each Proprietor his share of said lands.
Some of these fifth divisions were very small, being only thirty to forty acres in area, while others contain hundreds, and one, nearly one thousand acres.
The Proprietors of most of these fifth divisions, considered them of so little value, that they conveyed them to two or three of their number, and sent them to Boston, to exchange them for old and shop-worn, but serviceable goods.
1821, Sept. 21. The Proprietors met and decided to lay out a sixth division, out of such scraps of land as might still be owned by them in common and undivided.
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B
ACT OF INCORPORATION.
IN THE YEAR OF OUR LORD, 1776.
AN ACT for erecting a tract of land called Fryeburg, two thousand one hundred and seventy-two rods square, lying in the County of York, which was granted as a Township, to Joseph Frye, Esq., Anno Domini, seventeen hundred and sixty-two, and confirmed Anno Domini, seventeen hundred and sixty three, into a Town by the name of Fryeburg.
Whereas, the inhabitants of that tract of land, consisting of Proprietors and Non-Proprietors, promiscuously settled thereon, having lately been united in ordaining a minister of the gospel among them, are desirous of uniting in the expense of his support, of building a meeting-house and other public charges of the place, but cannot lay a tax upon themselves for those purposes, till said tract of land is incorporated into a town. Therefore,
Be it enacted by the Council and House of Representatives in General Court assembled, and by the authority of the same, that the aforesaid tract of land, originally bounded as followeth, viz: At the south corner to a spruce tree marked ; thence north forty-five degrees west (by the needle) two thou- sand one hundred and seventy-two rods to a beech tree marked ; thence north forty-five degrees east two thousand one hundred and seventy-two rods to a maple tree marked ; thence south forty-five degrees east two thousand one hundred and seventy-two rods to a pine tree marked; thence south forty-five degrees west to the first bounds-be and hereby is erected into a Town by the name of Fryeburg, excepting and reserving thereout four thousand one hundred and forty-seven acres of land lying in the west corner thereof, which the Great and General Court, in compliance with a petition of the above-named Joseph Frye, resolved to receive back, and in lieu thereof, granted him the same quantity of government's land with liberty to lay it out adjoining to the northward or northeastwardly part of his Township, as by said resolve, dated June the twenty-fifth, seventeen hundred and seventy- two, will appear ; and the inhabitants of said tract of land, (except as is above excepted,) be and hereby are invested with all powers, privileges and immunities, which other towns in this colony do enjoy.
And be it further enacted, That Tristram Jordan, Esq., be and hereby is empowered to issue his warrant, directed to some principal inhabitant of said town, requesting him to
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warn the inhabitants thereof, who have a free hold according to charter, to meet at such time and place as shall be therein set forth, to choose all such officers as are or shall be required by law to manage the affairs of said town.
In the House of Representatives, January 10th, 1777. This bill having had three several readings, passed to be enacted.
SAMUEL FREEMAN, Speaker, P. T.
In Council, January 11th, 1777. This bill having had two several readings, passed to be enacted.
JOHN AVERY, Deputy Secretary.
Consented to by the major part of the Council.
A truc copy,
Attest :
JOHN AVERY, Deputy Secretary.
C
In the archives of Massachusetts, at the State House, Bos- ton, may be found the several pay rolls of the companies or detachments who served on the Androscoggin. That of Licut. Farrington and his twenty-two men, is in the hand writing of 'Squire Ames. signed by himself, Richard Kimball and Samuel Walker, Selectmen of Fryeburg.
It was my purpose to give a fac simile of the Roll which is a model for exactness and economy, the whole amount which the Expedition drew from the Treasury being but £21, 6s, 4d. The names of the men, which deserve to be kept in lasting remembrance, are as follows :- Stephen Farrington, Capt., Isaac Walker, Lieut., John Walker, John Farrington Abraham Bradley, Peter Astine, Abner Charles, Samuel Charles, Nathaniel Walker, James Parker, Benjamin Wiley, Jesse Walker, Joseph Knight, Jonathan Hutchins, Jun., Barnes Hazeltine, Isaac Abbott, Jr., John Gordon, John Smith Sanborn, John Stephens, Jr., Joseph Greeley Swan, Oliver Barron, Hugh Gordon, Simcon Abbott. They marched the 4th of August, and returned the 8th, leaving Jonathan Hutchings, Jr., John Gordon, and John Stephens, Jr., as a guard.
On the 12th a second detachment of twenty-four men from Fryeburg, with six from Bridgton, marched "to guard the frontiers on Androscoggin river," led by Nathaniel Hutchings, John Evans being second. Still a third company, with John Evans in command, took their post on the Andro-
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scoggin Sept. 16th, and kept guard till the winter snows laid to rest all fears of invasion. These three several bodies of troops were composed largely of the same men, with some interchange to accommodate the farming operations of the fall. The total expense is £262, 7s, 1d.
A fourth Pay Roll is headed as follows :- " A Pay Roll for a company of men commanded by Lieut. Stephen Farrington raised in the County of York and Cumberland, for the defence thereof, agreeably to Resolve of the General Court of the Commonwealth of Massachusetts, July 5, 1782, who took their station at a New Township, called Sudbury-Canada."
This more formidable expedition kept the borders in quiet until winter, and was undoubtedly the last effort in New Eng- land to repel Indian invasion.
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The part Fryeburg has borne in the present struggle for the life of our country, is shown by the following honorable record. It was hoped to give some sketch of those who have so nobly fallen, but the material has not been furnished.
REG'T.
REG'T.
13th, Charles Andrews, (died.)
12th, George Austin,
12th, John P. Barker,
17th, Webster Barker,
12th, James T. Jenner,
12th, Andrew Kenison, jr.,
12th, Charles H. Bragdon,
17th, Patrick Lawless,
23d, Richard Bradley,
23d, Harris A. P. Lewis,
16th, Levi Butters,
17th, Francis A. Long, 23d, Chas. H. Lovis,
23d, Humphrey A. Chadbourne,
23d, Stephen Chandler,
23d, Joshua McIntire,
23d, Oliver G. W. McIntire, 9th, Samuel F. MeIntire,
17th, Moses L. Charles,
12th, Sewall C. Charles,
7th, Joseph L. Mitchell,
17th, Sidney A. Morton,
23d, Walter Charles,
17th, Enoch S. Chase,
13th, Abner A. Cole,
12th, Thomas D. Cook,
12th, William W. Divine, (died.)
12th, Marcus M. Smart,
23d, William T. Smart,
23d, Abiel F. Smith,
12th, Seymour A. Farrington,
12th. Seth Farrington, (Capt.) 9th, John C. Fellows, (died.)
230, Jos. Frye, jr.,
17th, Samuel C. Stanley,
11th, William H. Frye,
23d, John P. Stevens,
11th, Anjavine Gray,
5th, Mellville Gray,
9th, Richard R. Greenland,
23d, John W. Tebbetts,
17th, Alfred E. Thomas,
9th, Benj. Thompson,
12th, Stephen Charles,
17th, Win. B. Morton, 11th, Lozien Poor, 17th, Albion Richardson,
23d, Benj. C. Seavey,
23d, Andrew J. Eastman,
23d, James Eaton,
17th, Daniel Smith, jr., 9th, James Smith, 17th, Ivory Snow,
23d, James M. How, (Lieut.)
17th, Simeon C. How,
12th, Samuel Ilsley, (died.)
12th, Willard Barker,
17th, Frank C. Charles,
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23d, Gilson A. Hall, 9th, Samuel H. Harnden,
17th, Alden B. Walker,
17th, Joseph C. Walker,
23d, Wiley Walker,
23d, James E. Webster,
17th, Joseph Wiley,
23d, Stephen J. Wiley,
12th, Sullivan J. Willey.
DRAFTED MEN. .
Henry Andrews, Ira Berry, John Bullard,
| Albion P. Cobb, (died.) George Lord.
UNDER THE CALL OF OCT. 17, 1863.
Webster Ela,
Samuel Frye,
Harrison G. Morton, G. H, Richardson,
Samuel F. Frye,
Reuben II. Small,
William S. Heald,
John P. Stevens,
Lewis C. Hobbs,
Geo. W. Thompson,
Jos. H. Johnson,
Asa S. MeIntire,
Dexter Walker, Stephen J. Wiley.
The following citizens of Fryeburg have enlisted in regi- ments out of the State, or have been in the regular service of the army or navy.
John Andrews, (died.) George W. Cook, Orland Day,
Ebenezer Pickering, George Richardson, Reuben W. Shirley,
John L. Eastman,
Seth W. Eastman,
John W. Towle. Lost part of his hand at Fredericksburg, Dec. 13, '62.
Daniel B. Gray,
Isaac Walker,
John C. Gray,
Jonathan Webster,
Augustus Lord,
Charles Lord,
John Webster. Fell on board Gunboat while forcing the passage of the Mississippi below New Orleans.
Enoch Lord,
Charles Mansfield,
Charles Osgood,
Charles H. Powers, (Lieut.) Fell at Chancellorsville, May 3, '63.
John H. Wiley, William Wiley.
An obituary notice of Lieut. Powers in the Oxford Demo- crat of July 24, 1863, gives the chief incidents in his life as follows :- " Born in Bridgton, March '37. In '52 removed to Fryeburg-left us in '56 for Western Pennsylvania-where he had just been admitted to the practice of law, when in Aug. '61, he enlisted in the 105th Penn. Regiment. He was pro- moted to be 1st Lieut. Feb. '62-' participated in the battles of Malvern Hill, Bristoc's Station, Bull Run (2d,) Fredericks- burg and Chancellorsville, where he so nobly offered his life a sacrifice upon the altar of his country.' The highest testimo- nials to his character and conduct are given by his brother officers."
23d, Enoch W. B. Hobbs, accident- ally killed. 17th, Samuel E. Holden,
17th, James G. Holt, 9th, Thos. K. Holt,
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Had friends furnished the material it would have been pleasant to give some brief sketches of the brothers, An- drews, both of whom though not falling in the battle field, gave up their lives for principles of liberty which they had early learned from a father's precept and example ;- of Joseph Colby Walker-the sturdy son of a worthy sire-and who in person and character brought back to us many of the choicest traits of the grand-father, whose name he bore ;- of Barker and Webster, Fellows, Cobb and Divine, whose common sac- rifices show that we are but one people, though our blood may be from different sources-and that through this crucible of common sufferings we are being fused into one nationality -all antipathies of race blotted out-and all traces of clan- ship forgotten-the great principles of human equality and man's common brotherhood, forever established. Such a re- sult will be worth all the sacrifice and suffering through which it is attained.
The following letter from DANIEL WEBSTER, while at Frye- burg, will show some of the characteristics of the place as he saw it. It corresponds exactly with the account which his fellow lodger, Mr. McGaw, gives of the business and social life in Fryeburg, sixty years ago. One thing is worthy of notice, Mr. Webster found at Fryeburg a volume, which could not be obtained in the Libraries of Dartmouth. The letter is the more willingly inserted, as the parts referring especially to Fryeburg, are omitted in the published letters of Mr. Webster.
Mr. Webster to Mr. Merrill, Hanover, N. H. FRYEBURG, JUNE 7, 1802.
MY DEAR FRIEND. I have frequently taken my pen to write to you since I have arrived here, and have as often laid it down again without executing my purpose. The truth is, I was willing to write you something a little better than my correspondents generally have the fortune to receive.
But after all I am commencing in my old way, resolved not to delay till chance might inspire me with an idea worth your reading, lest you should suppose me backward in entering
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into a correspondence which I contemplate with pleasure. You must therefore console yourself by reflecting that correspond- ence is a kind of commerce where the greatest gain per cent. uniformly attaches to the greatest capital ; and that there is as much to be learned in writing a good letter as in reading one. Besides, you will remember that I am in Pigwacket, a most savage name, and you will, therefore, suppose a most savage country. Whenever, therefore, I am dull and blun- dering, you must not charge the fault upon me, but upon Pigwacket. Thus I shall shift much responsibility from my own shoulders.
I will, if you please, devote this to giving you some little account of my situation, business, amusements, and so forth, and beg of you a description of yours. Whatever relates to my school you can guess in the general, and particulars can- not be interesting. This village is new but growing, already much crowded with Merchants, Doctors, and Lawyers. There are here a good number of men of information and conversi- ble manners, whom I visit without ceremony and chat with as I should with you and Bingham. Among them are Mr. Dana, whom you know, and Mr. McGaw, who boards and lodges with me. Fame has told me, (though she is said to be a no- torious liar,) that you are a finished gallant ; it will be natural, therefore, for you to inquire about the number and beauty of the misses. You know that new towns have usually more males than females, and old commercial towns the reverse. In Salem and Newburyport, I am told, the majority of females is immense. When I resided at Exeter, I thought petticoats would overrun the nation. In Fryeburg, I hope our sex will continue the mastery, though the female squadron is by no means contemptible. I have seen nearly thirty white muslins trail across a ball room on an evening. In point of beauty I do not feel competent to decide. I cannot calculate the pre- cise value of a dimple, nor estimate the charms of an eyebrow, yet I see nothing repulsive in the appearance of Maine misses. When Mr. McGaw told me he would introduce me to the Pigwacket Constellation, it sounded so oddly that I could not tell whether he was going to show me Virgo or Ursa Major, yet I had charity to put it down for the former, and have found no reason to alter my decision. Being a pedagogue and having many of the ladies in school, I cannot set out in a bold progress of gallantry, though I now and then make one of them my best bow and say a few things, piano, as the musicians have it.
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When I go into the study of a friend, I look about and enquire for the books he is reading. To save you that trouble I will tell you my reading at present. I think it may be advantageous to communicate mutually an account of our studies, and reciprocate any new ideas that are worth it. Am now upon Williams' Vermont, which I never read before. It is my object to investigate some facts relating to the political history of the United States. I have been, perusing, as an amusement, the "Pursuits of Literature," the book which has excited so much curiosity among the learned, and called down so much condemnation from the democracy. I am not certain you can read it, because I do not recollect having seen it at Hanover. I think it is well worth a reading. The sentiments of the Poem, itself, and the abundance of Notes, bring to my memory Sheridan's elegant metaphor of " a neat rivulet of type murmuring through a meadow of margin."
Report has just reached me that the Marshal of New Hampshire, is removed. I confess I did not much expect it, but these are Jefferson's doings, and they are marvellous in our eyes.
Adieu, my good friend,
D. WEBSTER.
P. S. I congratulate the people of Hanover on the election of their Anniversary Orator, and wish him better success than some of his predecessors.
Wednesday morning, June 9th. Since I wrote the within,^ which I had intended for the mail, Messrs Hall and Whit- man have called on me. I am quite sure you did not know of the opportunity of sending me by them. They tell me that politics stand one hundred and twenty to fourteen, -- good,-good,-the sun is everywhere rising,-the waning orb of democracy must soon be eclipsed,-the Penumbra begins to come on already. Pray put a line in next mail for one who is much your friend. D. W.
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