USA > New Hampshire > Hillsborough County > Brookline > History of Brookline, formerly Raby, Hillsborough County, New Hampshire : with tables of family records and genealogies > Part 6
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Hollis' claim of jurisdiction over this strip of land was founded upon no other reason than that of a desire upon the part of its inhabitants to keep the location of their meeting-house in the exact centre of a line running east and west through the township. During this entire period of seventeen years the question of jurisdiction was a matter in dispute between two towns, and the land itself was known as the "disputed teri- ritory."
The question of jurisdiction was finally settled in favor of Raby by an act of legislature in 1786. But that is another story. It will be told later on.
Charter of Raby.
New Hampshire
Province of George the Third by the grace of God of Great Britain France and Ireland King defender of the Faith and so forth.
[L. S.] To all to whom these Presents shall come, Greeting.
Whereas our Loyal Subjects in habitants of the westerly part of the Town of Holles and the Mile Slip so called in our Province aforesaid Have humbly Petitioned and requested us that they may be erected and incorporated into a Township and enfranchised with the same Powers and Privileges which other Towns within our said Province by Law have and Enjoy and it appearing unto us to be conducive to the general good of our said Province as well as of said Inhabitants in particular by main- taining good order and encouraging the culture of the Land that the
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same should be done-Know Ye that we of our special grace certain knowledge and for the encouragement and promotion of the good pur- poses and Ends aforesaid (by, and with the advise of our Trusty and well-beloved John Wentworth Esq: our Governor and Commander in chief, and of our Council for the said Province of New Hampshire) have Erected and ordain'd and by these Presents for us our heirs & Successors do will and ordain that the Inhabitants of the aforesaid Tract of Land, and others who shall improve and inhabit thereon hereafter, the same being butted and bounded as follows viz: Beginning at a Stake and Stones in the South side line of the Town of Holles, (which is also the Province Line) which stake stands about two miles due East from the South West corner of said Hollis, thence running North by the Needle, cross the said Town to one other stake and Stones standing on the North side line of said Holles, leaving the meeting house in the middle between this line, and the East side line of Holles then running from the last men- tion'd stake Westerly by Holles to the North west corner thereof then continuing that line 'cross a tract of land call'd the mile slip to the East- erly side line of Mason, then turning off and running South by the needle on the Easterly side line of Mason aforesaid to the Province line then due east partly on the Province Line and partly on the South side line of Holles aforesaid to the stake began at. Be and they are hereby de- clared to be a Town Corporate and are hereby erected and Incorporated into a Body Politic and corporate to have continuance for ever by the name of Raby with all the Powers and Authorities, Priviledges, Im- munities and Franchises which any other Towns in said Province by Law hold and enjoy-to the said Inhabitants or who shall hereafter in- habit there & their Successors for ever-Always reserving to us our heirs and Successors all white pine Trees that are or shall be found growing and being on said Tract of land, fit for the use of our Royal Navy, reserving also to us our heirs and Successors, the Power and riglit of dividing said Town, when it shall appear necessary & convenient for the Inhabitants thereof. Provided Nevertheless & tis hereby declar'd that this charter and Grant, is not intended and shall not in any maner be construed to affect the Private property of the Soil within the limits aforesaid and as the several Towns within our said Province, are by the Laws thereof, enabled and Authoriz'd to assemble and by the Majority of the Voters present to choose all such Officers & transact such affairs as in the said Laws are declar'd-We do by these Presents nominate and appoint Sam- uel Farley to call the first meeting of said Inhabitants to be held within the said Town at any time within Thirty days from the date hereof,
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giving legal notice of the Time and design of holding such meeting, after which the annual meeting in said Town shall be held for the choice of said Officers and the Purposes aforesaid on the first Wednesday of March annually.
In testimony whereof we have caused the Seal of our said Province to be hereunto affixed Witness John Wentworth Esq our aforesaid Governor and Commander in chief the 30th day of March in the 9th year of our Reign Anno domini 1769.
J. WENTWORTH.
By his Excellency's Comand
with advice of Council
T. ATKINSON Jun'r Sec'ry."
Original Area of Raby, and Loss of Territory in 1794.
As constituted under its charter, Brookline contained about seven- teen square miles. Its dimensions remained without change until 1794. In 1794, however, at the incorporation of Milford one square mile of its territory was taken out of its northwest corner and transferred into the territory of the latter town; of which it has ever since remained a part.
By the transfer of this square mile of land as above stated, Brook- line's area was reduced from seventeen to sixteen square miles; an area which at the present time it still retains. A diligent search on the part of the writer has failed to disclose any satisfactory reason for the transfer of this tract of land from Brookline to Milford. But the process by which the transfer was made, which was very simple and so far as known per- fectly legitimate, appears to have been as follows:
By an examination of the charter of Raby it will be seen that the town's north boundary line (which was identical with the north boundary line of Hollis) ran "Westerly by Hollis' north boundary line to the north- westerly corner thereof; then continuing that line across a tract called the mile slip to the easterly side line of Mason; thence turning and run- ning due south by the Mason line to the Province line."
The northern boundary line of Hollis ran South 80 degrees East. A continuation of that line in a westerly direction would have crossed and, so far as Raby's charter was concerned, did cross the Mile Slip so as to include this transferred piece of land within its bounds.
When Milford was incorporated in 1794 its south boundary line from east to west was identical with the north boundary line of Brookline until it reached the east boundary line of the Mile Slip, where, instead
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HISTORY OF THE TOWN OF BROOKLINE
of continuing on and crossing the slip as did the Brookline line, it turned and ran due south along the west boundary line of Old Dunstable for one mile; and then turning again crossed the Mile Slip by a line parallel to and one mile south of the point where the same was originally crossed by the north boundary line of Brookline.
Thus it will be seen that by the terms of their respective charters this square of land was included in the area of each of these towns at the time of their several incorporations.
But the charter of Brookline ante-dated that of Milford by a period of twenty-five years, and therefore asa matter of right it would seem that this square of land should now be within the jurisdiction of the former town. But as Milford under its charter rights took immediate possession of, and has ever since held the same, her right to its possession acquired by adverse possession under "color of title," is probably too strong to be thrown down, even if Brookline should be disposed to question it.
RABY was named after a town of the same name in the county of Durham in the north part of England from which some of its early settlers are said to have come.
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HISTORY OF THE TOWN OF BROOKLINE
CHAPTER V.
Raby.
1769-1786.
First Town Meeting-First Board of Town Officers-Second Town- Meeting-First Public Building, a Cattle Pound-First Appropri- ation for Highways-Second and Third Cattle Pounds-First and Last Tithing Men-First Highway Accepted by the Town-First List of Rate Payers-First Pond Bridge-Straightening of High- way on West Side of Meeting-House Hill-Second Pond Bridge, 1808-Third Pond Bridge, 1812-1814-Fourth Pond Bridge, 1843 -First Appropriation for Public Schools-Highway from Douglass Brook to Benjamin Shattuck's House Accepted.
On the 11th day of April. 1769, Samuel Farley, who, as the agent of its inhabitants, had been chiefly instrumental in procuring the passage by the General Court of the Act by which Raby was incorporated and who by the terms of its charter was duly authorized to act in the premises, issued the call for the first town meeting of its citizens, as follows:
"Province of New Hampshire Hillsborough, ss.
By virtue of a charter obtained for incorporating the westerly part of Hollis and part of the mile slip into a town by the name of Raby and also for the subscriber to caull the first meeting for the choice of Town officers and other Affairs necessary to be acted upon Said day I do hereby notify the town of Raby that they meet at the house of Samuel Cram in sd Raby on Wednesday the twenty sixth Day of April at ten of the clock in the forenoon then and there to make choice of Town officers for the present year and to act upon any other matters that the town may think proper when meet.
Given under my hand at Raby this 11th Day of April 1769.
SAMUEL FARLEY."
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HISTORY OF THE TOWN OF BROOKLINE
In accord with this call, the inhabitants met at the designated time and place. Lieutenant Farley called the meeting to order, and officiated as moderator. The only business transacted was a vote to accept the charter, and the election of the first board of town officers, as follows: Selectmen, James Conneck, William Blanchard and Alexander McIntosh; town clerk, James Conneck; town treasurer, Robert Campbell; constable, Samuel Brown.
Concerning Samuel Cram, at whose house this first town meeting was holden, it may be said that the above is the first and last time that his name is mentioned in the records. Who he was, from whence he came to Raby, and whither he went when he departed from it, are questions which are answered neither by record nor tradition. There is, however, a tradition to the effect that the stream in the northwest part of the township,which at the present time is known as Robbins' brook, was known ninety or more years ago as the Cram brook, and that a wood-lot then standing in that vicinity was known as the "Cram lot."
From these circumstances it is not improbable that the Cram house was located in this vicinity. Indeed, there are now living in town old residents who are strongly impressed with the belief that the original dwelling house of Lieut. Samuel Cram and therefore the scene of Raby's first town meeting was the rear house of two dwelling houses now in ruins, but which stood formerly on the north side of the Robbins' brook, a few rods west of the foot of the hill in the highway leading northerly from the brook to the dwelling house late of Ezra Farnsworth, deceased; formerly the old Sampson Farnsworth place.
The second town meeting, which occurred in May of the same year, was holden in the dwelling house of Alexander McIntosh. At this meeting it was voted: "To raise sixty gold Spanish milled dollars, and to add ten dollars to it to pay Samuel Farley for his services in procuring the char- ter." It was also voted: "To build a pound near the brook by the high- way in Samuel Brown's land, he giving the land"; and George Russell and William Blanchard were chosen as a building committee.
The pound was probably completed within the year. For the fol- lowing year Samuel Brown was appointed pound keeper. It was con- structed of logs and was located on the south side of the highway from Raby to Mason, just west of the Pond Bridge.
This pound was the first public building to be erected in Raby, and its construction is an interesting event in the history of the town; be- cause that, with the exception of the sum appropriated for paying Samuel Farley for procuring the charter, it marks the matter for which, and the
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manner in which, it expended its first appropriation of money raised for public purposes.
The second action of the citizens, relative to expenditure of public moneys, occurred at a subsequent meeting in the same month, when it was voted: "To raise thirteen pounds six shillings and eight and one- half pense for the use of highways," and George Russell was selected as the town's first highway surveyor. This vote, following so closely as it did upon that to raise money to build a pound, would seem to indicate that in considering the relative values as public utilities of cattle pounds and public highways, the citizens were disposed to estimate the former as of more importance than the latter. Nor is it strange that such should be the case. For cattle were then among the most valuable of the settlers assets.
These particular assets for obvious reasons were allowed to run at large; and from the general lack of fences both around private clearings and on public highways there was nothing to prevent them from becom- ing lost or stolen assets. In either case the possibilities of their recovery by their owners were much enhanced by the probability of their being taken up, impounded and held for identification. And the people evi- dently considered a cow in the pound worth two in the bush.
In 1782 this pound was replaced by another built also on practically the same site.
The third and last pound was erected in 1808-09. It was built of granite and located in the northeast corner of the Common on meeting- house hill where at the present time it is still standing, although it is many years since it was used for its original purpose. At the present time it contains the wreck of the town's first hearse, the original house for which, standing a few rods west of the pound, is being utilized as the town "lock up."
In the spring of 1770, in addition to the usual board of town officers, James Campbell and Daniel Shedd were elected tithing men.
This office, long since obsolete, was considered as an important one in the early days of New England. The duties of its happy possessors were similar to those of the modern town constable. They were sup- posed-"To inspect all licensed houses, to inform of all disorders to the Justice of the Peace and of all cussers and swearers." In towns of suffi- cient wealth to support it, they were equipped at the town's expense with insignia of office in the form of-"Black staffs two feet long, tipped at one end for about three inches with brass or pewter."
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HISTORY OF THE TOWN OF BROOKLINE
The town continued for about seventy years to elect these officials. But during the latter part of this period the performance of their official duties was chiefly confined to the inside of the meeting-house; where, on Sundays, they endeavored to prevent the youngsters from disturbing with their impish pranks the somnolent condition in which their elders were accustomed to complacently listen to the parson's prosy expositions of his ideas of Divine love and justice as exemplified in the doctrines of pre-destination, fore-ordination and election; doctrines in which the di- vines of those days, both in and out of the pulpit, were as open and pos- itive in expressing their belief as those of the present day are reticent and careful.
In 1843, Deacon Timothy Wright, Benjamin Shattuck and Asa Seaver were elected to this office and they were the last of the tithing men. The office became obsolete.
The wage question for the year 1770 was settled by the citizens in town meeting assembled, when they unanimously voted that-"A man should have 25 shillings per day till August 15th and oxen 11 shillings per day."
At the March town meeting in 1771 it was voted-"To accept as a public highway the road leading out from Campbell's brook and mill to Townsend line." This is the road leading out of the highway to Mason near to and just south of Campbell's mill-pond, and running in a south- erly direction past the present dwelling house of Clarence R. Russell. So far as the records show, it was the first road in town to be accepted as a public highway.
In 1771, also, appeared the town's first recorded list of rate, or tax, payers. By this list it appears that the whole number of rateable polls was forty-five. Of this number there unquestionably are some who were non-residents, although there is nothing on the face of the records to indicate how many and who they were.
For instance: Benjamin Brooks and Benjamin Brooks, Jr., whose names are on the list, did not become residents here until 1783. But be- cause the names as recorded are for the most part the names of those who were residents of the town at the time of its incorporation, a copy of the list, omitting the assessed taxes, is given as follows:
List of Taxpayers for the Year 1771.
Clark Brown,
Peter Cummings,
Jonas Shed, Isaac Shattuck,
Timothy Davis, Eason Dix,
POND BRIDGE-1914
----
-
-
-
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HISTORY OF THE TOWN OF BROOKLINE
James Connex,
Mathew Wallace,
Rosany Dickey,
Silas Fuller,
James Waugh,
Isaac Farrow,
William Hall,
Thomas Asten,
Oliver Hildrth,
Archibold McIntosh,
William Blanchard,
James McDonald,
Alexander McIntosh,
Simeon Blanchard,
Benjamin Shattuck,
James McIntosh,
Samuel Brown,
Isaac Stevens,
Josiah Nutting,
Benjamin Brooks,
Robert Sever,
Nathaniel Patten,
Benjamin Brooks, Jun.
Joshua Smith,
George Russell,
Joshua Brooks,
Caleb Stiles,
Samuel Russell,
Nathaniel Badger,
Swallow Tucker,
Daniel Shed,
James Badger,
John Whiting,
Daniel Shed, Jr.
James Campbell,
Ezekiel Proctor.
William Shed,
John Cummings,
The Pond Bridge.
At a town meeting holden on the 8th day of January, 1772, the town took its first action relative to bridging the river below its outlet from Muscatanipus pond at the point where it is crossed by the highway to Mason by voting: "To build a bridge over the river at the pond," and electing Isaac Shattuck, Alexander McIntosh and James Campbell to see the work effected. It was also voted-"To have the bridge completed by the last day of June next"; and-"That any person that doth not work out his proportion to the building of said bridge after due notice shall pay his deficiency in money." At a subsequent meeting in March of the same year, it was voted-"To raise forty pounds for building the bridge and repairing highways." As these votes are the only recorded reference to the building of this bridge it is reasonable to suppose that the building committee attended to its duty and completed the bridge that year, 1772.
Prior to and at this time the road to Mason, at the brow of the west side of meeting-house hill, turned out into the field on the south side of the highway as it is now and, describing a semi-circle around the Wads- worth house, crossed the present highway just easterly of the "old ditch" at the foot of the hill and continued on in a northerly direction through the land at the present time owned by the Fresh Pond Ice Company, until it reached a point near the pond where the road to Hollis via Randal McDaniels' house led out of it. From this point it turned and, passing westerly along the shore of the pond, crossed the river by a ford-way either at or a few rods below the pond's outlet; from whence it continued
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HISTORY OF THE TOWN OF BROOKLINE
on through the field until, at a point near the old Joseph A. Hall place, it again became identical with the present highway to Mason.
This first bridge was erected over said ford-way. It was built on wooden piers with log stringers covered with sawn plank, and continued to be used for sixteen years from the time of its completion.
Meanwhile, during this whole period of sixteen years, a sentiment in favor of straightening this particular part of the Great Road had been gradually developing in the community, and nearly every year the war- rants for the annual March town meeting had contained articles looking to that end.
These articles were invariably defeated or passed over until the annual town meeting in March in 1799, when the following vote was passed: "To straighten the road from the meeting house to adjutant Green's the town to be at no cost that is meaning to cross the river below where the bridge now stands" -; and ajd't William Green and Lieut. Isaac Shattuck were elected as a committee "To straighten the road and build the bridge."
This vote was apparently unsatisfactory to some of the citizens. For at a subsequent meeting on the fourth day of the following month there was an article in the warrant-"To see if the town will rebuild the pond bridge where the old bridge now stands and move the ditch bridge down the stream about three or four rods to a good place to build on so as to make the road straighter than where the old ditch now stands." This article was passed over.
But at some time between the date of this last mentioned meeting and the year 1804 the road was straightened. For it is recorded that at a town meeting holden in Feburary of the latter year the selectmen were appointed a committee-"To settle with the Rev. Lemuel Wadsworth for his land which is cut off by straigthening the road near his house." Soon after this vote work on the new bridge was begun and continued at intervals until it was completed in the year 1808.
This second bridge to be built over the stream at this point stood on the site of the present bridge. Like its predecessor, it was constructed of hewn logs and planks laid on wooden piers.
The third bridge over the river at this point was built under the supervision of the selectmen by Capt. Nathan Corey between the years 1812 and 1814. In its construction wooden abutments and wooden piers were used. It was erected on the site of the second bridge and, with occa- sional repairs, continued to be used until 1843.
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HISTORY OF THE TOWN OF BROOKLINE
The fourth bridge to stand over the river at this point was constructed in 1843-1844 under the supervision of a building committee appointed by the town on the 28th day of November of the former year, and consisting of Abel Foster, Horace Warner and Benjamin Shattuck. In this bridge, stone abutments and stone piers were used for the first time. At the present time it is still in use.
During the three years succeeding the meeting of Jan. 8, 1772, many town meetings were holden, but, with the exception of the annual election of town officers, little business of importance was transacted.
At the March meeting in 1773, however, public sentiment in favor of public schools was expressed by a vote-"To raise four pounds for school- ing the present year." At this same meeting, also, a highway from Doug- lass brook to Benjamin Shattuck's house was accepted. As there were at this time three roads, or bridle paths, crossing Douglass brook, it is almost impossible to determine from which one of the three this accepted high- way commenced to run. The probabilities, however, are that it began at the upper end of the brook at a ford-way where it was crossed by a bridle path which led out of the east highway to Milford a few rods west of the old James McDaniels place and passed in a westerly direction, via the dwelling house afterward of the Rev. Daniel Goodwin, to the said Benjamin Shattuck place, and was identical with the present highway between those points.
That part of said accepted highway which was comprised in the bridle path, together with the bridle path itself, was in constant use as a public thoroughfare from 1773 until about the year 1815. It was es- pecially convenient for the settlers in the northeast part of the town, for whom, in going to and from Hollis, it furnished a route considerably shorter than that via the Great and Proctor hill roads. It is many years since the east end of the bridle path has been closed to public travel; but its vestiges still remain, and by them its course from the ruins of the old Daniel Goodwin place to its junction with the east Milford high- way is easily traceable at the present time.
The annual town meeting in March, 1774, was the last to be held before the outbreak of the Revolution, and it was also the last to be called in the name of the Province of New Hampshire. Henceforth, town meetings were called in the name of the Colony.
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HISTORY OF THE TOWN OF BROOKLINE
CHAPTER VI.
War of the Revolution.
1775-1786.
Population of the Town at the Opening and During the Continuance of the War-Town's Recorded List of Its Soldiers in the War-Its Soldiers in the Battle of Bunker Hill-In the Battle of Bennington -Action Taken by the Town During the Progress of the War- The Association Test-Names and Records of The Town's Soldiers- Committees of Safety-Names of Commissioned Officers-Names of Revolutionary Soldiers Buried in Brookline.
When the War of the Revolution opened in 1775 Raby, or Brookline, was in the sixth year of its corporate existence as a town. The years which had passed since its incorporation had made no material changes either in the number of its inhabitants or in the conditions which sur- rounded them in the beginning. In this year the State's Committee of Safety, acting under instructions from the Continental Congress, called upon the boards of selectmen throughout the state to make and return to it a census of the population of their respective towns. Seventeen towns, among which was Raby, failed to make returns. Thereupon, the Committee of Safety apparently proceeded to guess at the population of each of the recalcitrant towns, and to make up its estimates accordingly. Its guess relative to Raby was that it had a population of three hundred and twenty (320).
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