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Gc 974.202 P83h 1140702
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GENEALOGY COLLECTION
GEN
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01188 4282
Digitized by the Internet Archive in 2015
https://archive.org/details/portsmouthrecord1645hack
Essay institute Frank W Machell,
1645-1656
PORTSMOUTH RECORDS
A TRANSCRIPT
OF THE
FIRST THIRTY FIVE PAGES
OF THE
EARLIEST TOWN BOOK
PORTSMOUTH NEW HAMPSHIRE
WITH NOTES
BY
FRANK W HACKETT
PORTSMOUTH PRIVATELY PRINTED 1836
1645-1656
PORTSMOUTH
RECORDS
A TRANSCRIPT
OF THE
FIRST THIRTY FIVE PAGES
OF THE
EARLIEST TOWN BOOK
PORTSMOUTH NEW HAMPSHIRE
WITH NOTES
BY
FRANK W HACKETȚ
PORTSMOUTH PRIVATELY PRINTED I886
No
70
R. O. POLKINIIORN, PRINTER, WASHINGTON, D. C.
1140702
INTRODUCTION
HE EARLY town records of Portsmouth, New Hampshire, at least those coming down as late as the close of the Revolution, richly deserve to be printed. Like the records of our oldest New England towns, they have been growing each year more and more valuable, until now their historic importance justifies the outlay of a reasonable sum to secure them against possible destruction by fire, or other- wise. Boston has taken the lead by printing in full not only her early town records (together with those of other towns now included in her limits), but also the first three volumes of deeds in the Suffolk registry, under the supervision of a Board of Commissioners-a wise example that should be followed wherever practicable.
II
Introduction
In the hope of awakening an interest in the sub- ject that may do something towards bringing about a like result, I have been at the pains in vacation time to copy the following pages from the earliest town-book, and print them, sparing no labor to en- sure accuracy. We ought to be thankful that Portsmouth has any early records at all, for they just escaped being burnt up in the great fire, on the night of 22d December, 1813. The town-books and papers were then kept in a wooden chest at the Selectmen's office, in the brick school-house on State Street, and they would surely have been lost, had not one of the selectmen (Hunking Penhallow) made his way into the building, and taken them to a place of safety. So says Brewster, who probably knew the incident from tradition, in a valuable and interesting sketch of Jefferson Hall, that forms the opening chapter of his second series of Rambles About Portsmouth.
The town-books of a date prior to 1833 are five in number. The first contains a record of town- meetings and doings of the selectmen from 1652 (or earlier) to March, 1696; the second, from 16 March, 1695, to 13 April, 1779; the third, from 29 June, 1779, to 27 April, 1807; the fourth,
III
Introduction
from 4 May, 1807, to 26 March, 1821, and the fifth, from 16 April, 1821, to March, 1833.
Our interest naturally centres upon the first, or oldest book. The page (eleven and a half by seven and a half inches) is smaller than that of the suc- ceeding volumes. The entries are closely written, for the most part on both sides of the leaf, and the pages number three hundred and fourteen. For a long time, half a century perhaps, the unbound pages of this book (as I am told by the Honorable Marcellus Bufford, formerly city clerk) had been laid to one side, tied up in a paper parcel, and almost never touched. In its stead, a copy was used that had been transcribed under the direction of the late Abner Greenleaf, in compliance with a vote of the Selectmen, passed 15 February, 1827. The handwriting is that of Daniel Huntress. This copy, which is well, even handsomely written, no doubt answers better than the original for ordinary pur- poses, but rigid scrutiny discovers an occasional error, due perhaps to the recurrence of a word with which the copyist was not familiar. In 1866 the original went to the binder, who put it into sub- stantial covers, though he appears to have got a leaf or two out of its proper place. There are also
IV
Introduction
bound up with it the leaves of a small index of names.
The first town clerk (of whom we know), or per- son to whom was entrusted the keeping of the town- book, was Renald Fernald, "chirurgeon," who came over in company with others sent out by Capt. John Mason, about 1630. After Fernald's death in 1656, the town chose Henry Sherburne to keep the book, at twenty shillings the year. Elias Stileman suc- ceeded Sherburne, in 1660, and held the office of town clerk until 20 October, 1681, when it was ordered that John Fletcher "keep the towne book, and to have for his paines, as the sellect men shall think fitt, and this to continue till the towne take further order." Richard Martyn followed (April, 1693-March, 1696), and after him, Samuel Keais, who, though an indifferent penman and a some- what original speller, evidently gave general satis- faction, for he "kept the towne booke" from 1696 to 1714. Joshua Peirce had the honor of filling the office for no less than twenty-nine years (1714-43). His successors were Hunking Wentworth (1743-59); John Penhallow (1759-80); Jeremiah Libby (1781- 85); John Evans (1785-92); George Wentworth (1792-1806) ; Samuel Fernald (1806-09); Joseph
V
Introduction
Seaward (1809-17); Thomas P. Drown (1817-26); Daniel P. Drown (1826-32), and John Bennett who was the last town clerk, serving from March, 1832 to 1849, at which latter date Portsmouth had be- come a city and Mr. Bennett was chosen the first city clerk.
The first settlement of New Hampshire was made at Portsmouth, at a very early date. David Thom- son, of Plymouth, England, having sailed from that port, in the ship Jonathan, arrived in the spring of 1623, off the mouth of the Pascataqua. He came, with perhaps not more than ten men, to put up houses for carrying on fishing, trading with the natives-in fine, to begin a settlement. This was in pursuance of a contract between Thomson and three merchant adventurers, also of Plymouth, named Abraham Colmer, Nicholas Sherwill and Leonard Pomeroy. The founder of New Hampshire landed at the Little Harbor mouth of the Pascataqua, on what is now called Odiorne's Point, in the town of Rye, formerly a part of Portsmouth. The Indians called the spot "Pannaway." Here, on a slight eminence that commands a beautiful view, Thom- son built a stone house, whose ruins in 1680 were plainly seen when Hubbard wrote, and traces of
VI
Introduction
whose foundation wall are not wholly obliterated at the present day. Thomson himself removed to Mas- sachusetts Bay in 1626, but it is thought that the settlement was not abandoned.
The little we know of this infant enterprise is well presented in a timely monograph, by the late John Scribner Jenness, entitled The First Planting of New Hampshire, privately printed at Ports- mouth, in 1878. Upon sufficient historical data and with much force of reasoning, this interesting writer disproves the claim, sometime asserted, that to the Hiltons at Dover Point (six or seven miles up the Pascataqua) is to be credited the first settlement of the State. In the light of the result reached by so accurate and otherwise competent an authority, the question of prior locality ought surely to be treated as forever put to rest. Whatever possible doubts may have hitherto retarded the project, there seems now to be no good reason for delaying the erection of a plain, granite shaft at Odiorne's Point, to mark the site of the founding of New Hampshire.
It is proper, likewise, to acknowledge that New Hampshire is indebted to Charles Deane, of Cam- . bridge, Massachusetts, for bringing to light and annotating the original indenture, dated 14 Decem-
VII
Introduction
ber, 1622, by the terms of which Thomson had bound himself to enter upon the venture. Dr. Deane discusses, with his usual learning, the bearings of this instrument upon the history of our first settle- ment, contributing information of special value upon a point long involved in obscurity. His re- marks are the more welcome, because they clear the subject of errors to be laid to Hubbard's door, to whose statements hitherto a credit has been given that now appears unwarranted, errors to be dealt with by no less an authority than Dr. Deane, since even so careful and just a writer as Belknap adopted them without suspicion. (Notes Relating to David Thomson, etc. Reprinted from proceedings Mass. Hist. Society, May, 1876 ; Cambridge, 1876).
In 1630, and the two or three years following, Captain John Mason, the life of the Laconia Com- pany, sent over planters, stewards, servants, etc., to the number of about forty, who, besides settling at Newichewannock (Berwick Falls) up the river, occu- pied the land at Great Island (Newcastle) and at Strawberry Bank (Portsmouth), as well as the stone house at Little Harbor. Mason's death in 1635, led to a disintegration of the colony, as a private enter- prise under one head. Somewhere between 1635 and
VIII
Introduction
1640, the inhabitants, feeling the need of an organ- ized government, entered into a "Combination," or mutual agreement for local purposes to govern them- selves. The original document, doubtless signed by all the planters, was preserved as late as 1680, though not known now to exist. Perhaps it is not too much to hope that a copy of it may yet be brought to light among the State Papers in London, or from some other source.
The earliest public act found of record in the town books is the grant of the glebe in May, 1640. Belknap prints the names of the signers, while Adams in his Annals of Portsmouth (1825) gives the instrument in full. It was not copied into the record until February, 1664, when the selectmen finding the original on file, "nearly worn in pieces by passing through many hands," ordered that it be transcribed, "soe it may be preserved and kept to posteritie."
A matter of pure conjecture, I am disposed upon the whole to believe that about 1640 (though it may have been as early even as 1635) they began to keep a town record. There are instances prior to 1640, where Mason's stewards executed leases to tenants for a long term of years, but they do not
IX
Introduction
appear to be have been made a subject of record. The earliest recorded grant is found among the court records at Exeter, bearing date 20 January, 1643, a lease by Thomas Wannerton, for the Pat- tentees, to Roger Knight, of a piece of marsh in consideration of his faithful services and for one shilling yearly, if demanded. The court records begin in 1640, just before Massachusetts assumed jurisdiction over the Pascataqua.
Whenever the custom may have sprung up to enter of record private grants (which, it is well known, was not done in England) we may feel sure that as soon as the planters came together, and made public grants of land, or special privileges, to individuals, they adopted the plan of entering the grant in some public record. In vain, however, do we look in the town books for any but the scantiest memorial of what was done here before 1651 or 1652. Nor is it hard to find the reason. We may read it in the following entry :
"January the 13th 1652. At the hous of geordge walton. This night the Selectmen exsamened the ould Town Booke and what was not aproued was crossed out, and what was aproued was left to bee Recorded in this Booke and to be confermed by the present Selectmen." 2н
X
Introduction
After the town officials had thus deliberately muti- lated the records, Renald Fernald (himself one of the Selectmen) began a new book, that which has come down to us, and is referred to in the above extract as "this Booke." He seems to have inserted here and there entries copied out of the old book, as suited convenience, a method that sets at defiance chronological order, and lends to the opening pages a look of irregularity.
That this extraordinary procedure on the part of the Selectmen deprives us of many details of the early settlement, which, could they be restored, would prove interesting and valuable, does not ad- mit of a doubt. The examiners spared but little. Four lines from the record of a town meeting in August, 1645 (a faint ray of light out of the dark- ness), comprise the earliest entry, and all that marks that year. For the year following two very brief fragments alone survive, while nothing what- ever is left to us of the date of 1647. In a note, to be found in the Appendix, I have pursued the sub- ject, and made an attempt to ascertain what could have prompted the work of spoliation, and what was the probable character of the missing entries.
XI
Introduction
It has been my aim to present the record as it is; and I have tried to adhere to the spelling and punctuation as closely as possible. Where a signa- ture is an original, it is printed in SMALL CAPITALS. In some instances I have ventured to supply a word that is missing (generally at the end of a line, where the leaf is torn or worn out), but this applies to cases only where the right word plainly suggests itself.
Obliged as I am to confine the copying to a few pages, I have selected the first thirty-five, extend- ing to 1656. To this is added a list, recorded a little later on, of those inhabitants who subscribed from 1658 to 1666, to maintain Mr. Joshua Moodey, the minister. I have also copied from the records of the First (North) Parish the names of rate pay- ers in 1717, the date when two meeting houses had become needful. Such lists are prized by the genea- logist, and I am led to find room for them because, so far as I know, they are now for the first time printed.
To Doctor Charles Deane, and to the Honorable Charles H. Bell, of Exeter, each eminent in his knowledge of early New England history, I owe much for wise and friendly suggestions. My thanks
XII
Introduction
are due Mercer Goodrich, Esquire, the present city clerk, for facilities extended to me in consulting the records under his charge. It gives me pleasure also to mention the Honorable Marcellus Bufford, and Samuel P. Treadwell, Esquire, gentlemen whose long and intelligent acquaintance with town affairs has enabled them readily to put me in possession of facts, that I could hardly have got elsewhere. OCTOBER, 1886.
PORTSMOUTH RECORDS
At a Toune meeting hild the 5th of Aprill 16[52] . . It is ordered that the Towns men chosen for this .... . Mr Briant Pendilton. John Pickringe. Renald Fernald. Henry Sherborn : & James Johnson. shall haue full Power to ... and lay out, land acordinge as they thinke Beste for the conueninsy of the Toune : And wee do fully agree. that theas befor named Towns men shall have full power, to order all our Towne affayrs. as though our selues the wholl Towne wear Presente. vide. To calle into question or ffine anny mane in cace of .. or any breach of order: And to make all such Ratts . shall be nessisary for Publiqu Chargis whether minister or other. And also that it shall be within the] Power of the select men, to call the Town together [to con]sult about any nessisary affaiers, for the wellfar[e of the] Towne: giuinge Lawfull warninge ... of a paper three days befor, upon the meetinge ... And also that thear be two Publique meetings in ... And more, if ocation bee. at any Publique [meeting] the Power, Remains to the wholl Towne: In [witness] whearof wee the Inhabitants doe hearunto ... And that the Summons was Lawfull for .... day for our Publique meetinge
William. Seavie
Anthony. Bracket
Roger. Knight
francis. Trike
Ellixander. Bachiller-
George. Walton
Ollivere Trimings
John. Jackson
Robert. Mussell
John Sherburn
William. Brookin
Thomas. Peverlly
Robert. Davis
William. frethy
Walter. Abbite
Robert. Pudington
Francis. Rand
Thomas Walford
Thaddeus. Riddan John. Jones
Richard Cut [2]
14
Portsmouth Records
A copy of an order of the Court hild at Boston th. 7th mon 1643.
Whearas it apeareth to this Court that the commishoners apoynted to lay out the Bounds between Douer and Strawbery Bank Did not consider the sayd Strawbery Banke, as a Towne, nor so exactly veued the land on that side the Riuer, as was needfull and thear upon layd out certine lands to Douer which was most conuenient, for Strawbery Banke, and certine lands for Strawbery Banke whis is most conuenient, for Douer, so acknowliged to be by on of the sayd commishoners in this present court : It is thear fore finally ordered, that all the marsh and medow ground lyinge against the great Bay, on Strawbery Banke side shall belonge to the Town of Douer to- gether with 400 ackers of upland ground adioyninge, and lyinge near to the said medow to be layed out in such a forme, as may be most conuenient for the improuinge and fencinge in of the sayd medow: The Remainder [of] the sayd ground to be- longe to Strawbery Banke. Reseruinge the [due] right to eaury on, that hath properieties in the same.
Subscribed Incrase. Nowell Secritary [3]
At a Toune metinge hild at Strawbery Banke the : 4: of March : 1646.
It was granted that John Sherborn should haue a hous [lot] And apourtenancis. belonging thear unto. at the head of ... betwene William Sevy and Henry Sherborn :
At a metinge the : 20 of May : 1651.
This day John Sherborn is granted hime three ackers of . .. at the Sandy Beach : which is not yeat apropriated if .... thear to be had
At a generall toune meetinge the . 7 . of aprell : 1651
It is granted that John Pickringe shall have ... of marsh. in case he can find any voyd not yeat .... or mad youse of by any of the said inhabitants : . of the said marsh thought to lie voyd before the me . house which John Pickring haue promised to fence
At a meeting hild the : 11 : of August : 1651
It was granted this day by the common consent .... Allix- sander Bachelor shall haue a lotte upon .... called pom-
-
15
Portsmouth Records
fres poynt : so that he hinder not any .... of former priuilidge of landing upon the g[reat Island]
At a meeting hild the . 25 . of August : 1645 :
It also granted this present day that the Illand .. called Clamperinge Illand, shall wholly belong [unto] Thomas Wil- liams with all its aportenancies as .... and marsh. &
At a meeting hild the August the : 15 : 1646 :
it is granted Renald ffernald is to haue fouer [acres] of marsh at the great house. which marsh lieth .... gutter on the south olliuer trimings .... he .... north. goodman Bartton on the east ; and also h[ave] fouer acers of marsh more at the fresh .... be both marked out at this present
At a meeting hild the : 10 : of Jully : 1648
this day in presence of the town William B[erry hath] giuene unto Anthony Ellins : possession of his .... house and eaight ackers of land lyinge ..... said house and also all his right and tit[le at] the date hereof in the fresh [marsh]
Renald [Fernald] [4]
[At a meeti]ng held ... Day of ... 1648
It is likewise granted this day that Henry Sherborn may mow in the fresh marsh that lyeth beyound william Sevys west- ward about 2 mills. not befor mowed he is to have twentie Ackers of the sayd marshe.
At a meettinge hild the : 7 : of aprell : 1651
It is granted this towne meetinge that mr Ambrose Lanne or his assignes shall haue free libertie to fall any timber lieinge in common. for the uese of his mills in Sagamor Creke : and to lett any perticuler man in the limmits of Straberry banke towne. to haue boards on shilling in a hundred ffoot cheapper than the prise that he selleth unto others. prouided that it be for their own particuler ues : except building of ships and barks, or boats. thay are to pay the prise curante.
[5]
At a Towne meetinge hild the : 20 : of may : 1651
It is granted this Towne meeting : that John : webster shall haue, the huse sould by Jaffry. Ragge : to Roger knight on the great Illand. and likewise eaight ackers of land near ajoyninge.
16
Portsmouth Records
to be laied by the Touns men. fower Rods at the watter side and the Rest to goe bake :
At a Towne meetinge hild the : 7 : of Jully : 1651 :
I It is agred on at this Town meetinge that whearas thear hath bine a foot path usually made viz : ouer John pickrins grounds from ouer his mill dame. and from thence allonge by the mill path unto his next path and so derecte as conuenien ... may towards the present meetinge house : to [be] continued for the more ease of the Inhabitants and others that shall have oca- sion to trauill that waye at all time and times : hereafter with- out leave of the sayd John pickringe. ore any man ells to be continued for euer.
2 It is likewise agreed one this Toune meetinge that Jerimy walford shall haue twenty acres of land lienge near his house one the great Illand and one the easter side of the sayd house
At a meeting hild the II : of August : 51
It was granted unto mr Pindelton in the behalfe of mr wil- liam Paine. a parsill of land for a husse and gard .. between the ould docters feilde and the poynt upon the east sid of the coue next below wottons necke [7]
Aprill the 5th 1652
I It is ordered this day that all grants formerly granted and Rec[orded] although thay be not signed by the Towns men, neuer the lesse the s[aid] grants and possessions shall bee of force : and the present Towns men shall haue power to con- ferme what shall bee proued to be grants : so that it be no mans former properite
2 It is granted this day that mr Richard Cut is to haue a Lotte between the fresh marsh creke and the next freshet be- low the fall, and so upward toward his marsh. all which is to be layed out. at the present Towns mens discression for a ffarme
3 It is ordered this day that francis Trike is to clear his hous of goodman greene, and his wiffe, and children, in a munths time, and for euery day that the sayd francis Trike, shall entertayn them aboue the sayd time, he is to pay twenty shillings
signed mr Brian. Pendelton Renald. Fernald Henry. Sherburn John. Pickringe James. Johnsone
17
Portsmouth Records
At a meetinge hild the 3 of may 1652
. . It is ordered that the greate Illand, shall bee left .. . mon espesially the land by the watter side. To each Lott be granted. thay shall note exsed on Acer of Land :... as haue bine former planters. at the Touns disposinge
2 It is ordered this day that each Inhabitant of this Towne [provide himself] with arms, mett for a foot company : within the space [of one month] after the Date hearof vid. by the third of June next . th ... for our defense if ned Requier
Signed by mr Brian [Pendelton] Renal[d Fernald] Henr[y Sherburn] John [Pickering] James [Johnson.] [8]
At a toune meetinge hild the 14th aprill 1650
It is ordered this town mettinge that euery ordnery keeper in this town shall pay for euery pipe of wine thay drawe shall pay to the town twenty shillings-this is a trew copy out of the ould booke
At a Town meetinge at Strawbery banke the 15th of August: 1646:
It is ordered that John Pickringe shall haue fower Ackers of marsh in the fresh marsh. which fower Ackers liethe at the en- tery of the marsh. upon the south side of the Creeke as it is marked out : & also fouer of salt marsh at the great house ajoininge to the great paund on the south sid. and next to James Johnson on the east side and Anthony brakit on the west :
Signed by : John. Renals John. Crouther & William. Berry & Taken out of the ould Booke
Att a Towne meetinge hild the tenth day of Jully 1648
Whearas thear was, by a former acte of the Town granted unto the parssonage house, the full tenth parte of the fresh [ma]rsh, with upland to belonge thearunto, and as yeat, the tenth [parte ] cannot be knowne ; by Reson it is not yeat mes- sured nor [laid] out ; wee whos names are under wrighten do assign unto [the par]ssonnage house : fower ackers of the be- fore named fresh [marsh] next westward of the marsh of mr : francis williames .... in his time hee mowed : and upon the south sid of [the fre]shet or brooke : the which marsh was neuer mowed .... in wittnes whearof wee do hear unto sett our hands.
Зн
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Portsmouth Records
Signed by-Renald Fernald William Seauy Robert Puding- ton
Taken out of the ould booke May (: 52 [George Wa]lton is granted six ackers of lande within on .. . disorderly closed in upon the great Illand .... ackers is to be taken upon the south side .... e foot pathe : this was granted at the great Iland
Brian. Pendlton Jams. Johnson John. pickring Renald. Fer- nald
[9]
At a generall mettinge hild the 17th of May 1652
I mr Ambrose Lanne and James Johnson, are chosen Com- mishoners [unto] the next Courte at boston for an anser unto the petitione made in october 1651. and to atend any other oca- tion at the nexte generall courte that is nedful for the Toune acordinge unto thear Commishon
2 The Commishoners are desired to presente unto the next Courte. mr Richard Leader, mr Ambros Lane and mr Pendil- ton to be confermed asosiats hear at Strabery Banke
3 It is also desired that mr Thomas Bellingum may be pre- sedent at this Courte at Strabery Banke
4 It is farther ordered that the sellect men haue power to Draw the commishone
5 mr Briant Pendillton is chosen this day commander of the Trayn Band
6 mr Theados Riddan is chosen clarke of the courte
7 It is granted this day that Ellixsander Bacheller is to keepe the ferry. from the great Illand, unto the Randavow. or the great house to reseve for each singell persone, fouer pence to the great house-and from goodman sherborns poynt, unto strabery banke, six pence the man; and two pence the man from the great Illand unto goodman [Sher]borns poynt
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