History of Merrimack and Belknap counties, New Hampshire, Part 66

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1885
Publisher: Philadelphia [Pa.] J. W. Lewis & co.
Number of Pages: 1520

USA > New Hampshire > Merrimack County > History of Merrimack and Belknap counties, New Hampshire > Part 66
USA > New Hampshire > Belknap County > History of Merrimack and Belknap counties, New Hampshire > Part 66

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

"J. WENTWORTH. "By the The Lt. Gov., Concurad with advice of the Council. " RICHARD WALDRON, Clerk of the Council.

" A Schedule of the Proprietors of the Town of Bow.

"Jonathan Wiggin, Thomea Wiggin, Samuel Piper, Thomas Veasey, Georga Veasey, William Moora, Edward Fifield, William French, James Palmer, Jonathan Chase, Mosea Leavitt, Joshua Hill, Thomas Rollings, Richard Crockit, Isaac Foss, Thomas Piper, Richard Kelly, Samuel Goodhue, Joseph Mason, John Hannaford, Joseph Rollings, Satchel Randlet, Joho Mead, Joseph Morrill, Nathaniel Stevens, David Robin- aon, Jonathan Dearboro, Joseph Morril, Jr., John Piper, Samuel Vea- aay, James Thompson, John Sinclair, Samuel Green, William Burley, Benjamin Hoag, Samuel Hilton, Matthew Thompson, Banjamin Palmer, Owen Runnale, Joshua Neal, Thomas French, Nathaniel Piper, Joseph Jewett, John Hill, Thomas Odell, Abraham Stockbridge, Richard Collay, Jr., Thomas Briar, Joseph Maaon, Jr., Edward Fifield, Jr., William French, Jr., Ephraim Leavitt, Benja. Veasey, Thomas Vaacey, Jr., Nathan Taylor, Jon'a Clark, George Veaaey, Jr., John Leavett, Tymon Wiggin, Samuel Stevens, John Sachal, John Speed, Thomas. Wiggin, Jr., Saml. Piper, Jr., Chace Wiggin, Thomas Wiggin (3d), Benja. Mason, Joshua Kaniston, Walter Wiggio, Calab Rollins, Joseph Palmer, Edward Taylor, Benja. Norris, John Green, Joshua Stevens, Thos. Piper, Jr., Nathan'l Folsom, Henry Wiggin, Josaph Peavey, Jeremiah Folaom, John Palmer, James Norris, Abr'm Morgan, Brad'at Wiggin, Theoph. Smith, Stephan Thurstin, Robt. Wilson, John Avery, Josaph Hoay, Banja. Taylor, Jr., Benja. Follet, Nathan Whita, Ben- ning Wantworth, Hunking Wentworth, Wm. Wentworth, Mark Wentworth, Richard Wibbard, Jr., Georga Jaffrey, Jr., Henry Rust, Cyprian Jaffrey, Ebeu'r Wear, Robt. Auchmuty, John Reed, Samson. Sheaf, George Long, Richard Waldron, Jr.

" Admitted Associates.

" His Excellency and Hon'rs Samuel Shute, Esq. aud John Went- worth, Esq., Each of them 500 acres of land and a home lot. Col. Mark Hunking, Col. Waldron, George Jaffrey, Rich'd Wibberd, Col. Tho'e Westbrook, Archibald McPhedria, Joho Frost, Jonathan Odiorne Esquires, Each a Proprietor'a Share. Peter Wear, John Plaisted, Jamas Davis, John Gilman, Andrew Wiggin, Capt. John Downing, Capt. John Gilman, Saml. Tibbets, Paul Gerrich, Ephraim Dennett, John Sanborn, Theodore Atkinson, Eben'r Stevens, Capt. Wm. Fellows, James Jaffray, Joseph Loverin, Daniel Loverin, Zachr. Hannaford, Joe- eph Wiggin, Pierce Long.

" Bow Scedule Certified By

" RICHARD WALDRON, " Clerk of Council.

" Joseph Low, James Robinson, Noah Barker, George Clark, Daniel Moody, Thomas Wiggin, junr , Johna. Rollins, Banjamin Tyler, Hold- ridge Kelly, Daniel Davis, Wm. Moore, Junr., Abigal Powell, Mary Smith, Mary Jones, Catharina Wiggin, Nicholas Wiggin. These eix- teen Persous above named are part of the achedole added By order of the Lt. Govn'r and Council.

" RICH'D WALDRON, CIr. Council.

267

BOW.

" A true Copy taken off the Proprietors' Book.

"Attest MOSES LEAVIT, Propr's. Clk.

" Prov. of New Hampshire. Nov. 25, 1727 .- The above was Entered & Recorded according to the original in the Book of Charters.

" By THEODORE ATKINSON."

Pennacook was granted by Massachusetts January 17, 1725. Bow was granted May 20, 1727, by New Hampshire. Suncook was granted August 6, 1728, by Massachusetts. Bow included nearly all of both Massachusetts grants, which was to have the suprem- acy. If New Hampshire's claim sixty miles inland was valid, the Bow proprietors were the rightful owners of the territory; if Massachusetts' claim three miles north of the Merrimack extended to Lake Win- nipiseogee, then the Pennacook and Suncook propri- etors were included in the province of their choice. Their first meeting, at Pennacook, was October 14, 1730, at the meeting-house.

March 29, 1731, the conditions of the original grant of the plantation being complied with, the pro- prietors petitioned to the General Court of Massachu- setts for the rights and privileges of a town. The court ordered a meeting to be called for the choice of town officers. Nathaniel Abbot was authorized by a justice of the peace of Essex County, Mass., to call a meeting to be held at the meeting-house, September 14, 1732, for the choice of a clerk, and to transact any business they should think best, which was done, and, February 27, 1733, Pennacook, in the county of Es- sex, Mass., was incorporated as a township by the name of Rumford, the inhabitants having equal powers, privileges and immunities of other towns in Massachusetts. They had thrown off their plantation garb and were permitted to assume the responsibili- ties of a town, but they were fearful they might not be subjects of the Massachusetts government, which could not be known until the line was established be- tween the two provinces. Massachusetts claimed the lands from three miles north of Merrimack River, thence running parallel with the river as far as the crotch at Franklin, and thence due west to the sea. On the other hand, New Hampshire claimed that their southern boundary should begin three miles north of the middle of the channel of the Merrimack where it empties into the Atlantic Ocean, and from thence should run on a straight line west up into the mainland until it met His Majesty's other govern- ments, or New York. An appeal was made to the King, who appointed a commission to settle the con- flicting claims as to the boundary between the two provinces.

August 1, 1739, this commission met at Hampton. Their decision was unsatisfactory to both parties, and the subject was, by means of agents, referred to His Majesty's Council in England, who decided, March 5, 1740, the present southern boundary of New Hamp- shire, viz. : a similar curve line pursuing the course of the Merrimack River at three miles distance to

Pawtucket Falls, thence due west till it met with other governments.

In accordance with the above decision of the King, New Hampshire extended her jurisdiction over all the inhabitants within her bounds, and Rumford and Suncook were henceforth no longer subjects of the government of Massachusetts Bay. The inhabitants of Rumford being strongly attached to the Massachu- setts government, petitioned to the King praying to be annexed to Massachusetts, but to no purpose.

They found they were living on territory belonging to individuals instead of the State; that the title to their lands, which they had received from Massachusetts, was disputed by the proprietors of the town of Bow. They could get no redress from New Hampshire courts, for judges and juries, and nearly all govern- ment officials, were among the Bow proprietors, and had warned them at their peril to desist in their at- tempts to establish a town at Pennacook under a Massachusetts grant, as it might be attended with very ill consequences to the settlers.

April 28, 1742, the proprietors of Suncook parish voted not to urge the demand for town privileges, but wished their rights to be respected, without the sac- rifice of their homes, lands and the labor of years.

A committee was appointed to look after the inter- ests of the proprietors against the claims of the in- habitants of New Hampshire in the province courts, or in the courts of Great Britain, and undivided lands were sold to pay the expense of defending their prop- erty. In 1744 a committee was empowered to come to an absolute agreement with the Bow proprietors, if it could be done on reasonable grounds. Many of the settlers being of the Scotch-Irish stock of London- derry, whom the Lieutenant-Governor had cherished and defended from encroachments that would have disturbed their settlement, they were permitted to go on with their parish as hest they could under con- flicting titles and plans. The Bow proprietors were willing that those who had made improvements should enjoy them. The court was called upon to remove those impediments, to annul the survey of the home lots of Bow so far as they interfered with the Sun- cook survey as far as executed, and a new survey of the undivided land to order. The call was favora- bly received and answered; they got all they asked for, and the inhabitants became, for the time being, cit- izens of Bow.

The war between France and England had extend- ed to their respective provinces in America. The French in Canada had instigated the Indians in that region to make depredations on our frontier. Block- houses or garrisons had become necessary for a refuge for the inhabitants in most every town. Several were established in Rumford in 1746, and men with their families were assigned to their respective garri- sons for protection from the Indians. Scouting-par- ties were organized,-one at Canterbury, an extreme frontier ; one at Rumford, under Captain John

268

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

Chandler; and Captain Ladd's company was scouting in Pembrook and vicinity to warn the people of the approach of Indians that they might flee to their garri- sons. The New Hampshire government looked upon Rumford and Suncook as outlaws, and were slow to pro- tect them ; but Canterbury was the favored town on this frontier, not merely on account of its position, hut because it was a New Hampshire town, settled by New Hampshire people and granted by the New Hampshire government. In the spring of 1747, and in the course of the summer, the Indians made fre- quent attacks. On the 20th of May they made an attack on the people of the Suncook parish, in Bow. Robert Buntin, with his son Andrew, a lad of ten years, and James Carr, were plowing near the west bank of Merrimack River. Towards night Indians that had been concealed in a thicket rushed on them. Carr, in attempting to run to the river, was shot, and fell dead on his back. As they ran up to scalp him liis large dog attacked them, but was stunned by a blow of a tomahawk and left for dead. The people in garrison at Suncook heard the firing, hut it being near night, did not venture an immediate pursuit for fear of being taken by the Indians. The dog, having revived during the night, was found the next morning with his nose laid in the hand of the corpse of his master; nor would the faithful animal permit any one to touch the body without flattery and some force. Carr is said to be the only person killed by the Indians in Bow. Buntin and his son offered no resistance, and were hurried into captivity through the wilderness to Canada and sold to a French trader in Montreal. The father purchased his freedom in about eleven months, but the son was a captive nearly three years, when he returned safely home. The General Court of New Hampshire soon ordered a gar- rison of eight men to be stationed at Suncook for the protection of the inhabitants. Owing to the dual governments of Rumford and Suncook (two Massa- chusetts towns included in a New Hampshire town), the collector was unable to collect the minister tax ; the New Hampshire government would not interfere. The Massachusetts government, that gave them their charter, was petitioned for authority to compel each one to pay his share towards the support of the minis- ter, which was granted in the case of Suncook, it hav- ing two churches nearly equal orthodox and Presbyte- rian; but Rumford, being unanimously orthodox, needed no compulsion.

Although the attacks of the Indians were less fre- quent, the government did not relax its efforts for de- fense, as they sent out scouts and reinforced garrisons. Ebenezer Eastman had a company of fifteen men on duty at Pennacook in the winter of 1747-48, and Captain Moses Foster had a company of twenty-six men guarding the fortress at Suncook in 1753. In 1754, John Chandler had a company of nine men eight days scouting in the neighboring towns.

February 7, 1749-50, George Veasey and Abram

Tilton, selectmen chosen by the proprietors of Bow, remonstrated to Governor Benning Wentworth and Council against a petition of inhabitants on a tract of land, called Pennacook, to be incorporated with town privileges, as the hounds mentioned make great infringement on land belonging to the town of Bow. Walter Bryant, of New Market, who, with eight assistants, was employed by the New Hampshire government to mark the boundary between New Hampshire and Maine, peramhulated the town line of Bow about the year 1749. He says in his report,-

"I began at the Reputed Bound of the town of Chichester at the head of Notingham, and from thence Run northwest four miles to the head of Epsom, there marked a maple tree with the word Bow and Sun- dry Letters, and from the said tree, which I called the East Corner of sand Bow, I Run northwest four miles to the west corner of Chichester, then north east one mile to Canterbury South Corner, then north west five miles on said Canterbury, then South west nine miles, which Runs to North west of Rattlesnake Hill and most of the Pond that Lays on the north west side of said hill, and said Line Crosses Hopkinton Road, so called, and takes part, of said town in; then we marked a tree and Run South East five miles and marked a tree, then one mile South west, then South East four miles, then north east nine miles to where we be- gan. I Crossed Merrimack River within twe mile of Canterbury Line and found all the Inhabitauce to the South of Canterbury and East of the Merrimack, which are in Rumferd to be in Bow.

" WALTER BRYANT." "1752.

September 23d a committee of the Suncook pro- prietors divided into lots of about twenty acres each the intervale on the west side of the Merrimack River, extending from the southerly line of Bow to the head of Garvin's Falls.

Vexatious law-suits were instituted by the pro- prietors of the common and undivided lands in the town of Bow. A suit in an action of ejectment against Deacon John Merrill, who occupied a tract of eight acres of land, with buildings, at the lower end of Main Street, which was claimed by them to be in Bow. This suit was brought to test the right of the pro- prietors of Bow to the lands included in the Penna- cook grant.

The Rumford settlers were united in their purpose to maintain their right to their township. Common lands were sold to meet the expenses of the suit. Impartial trials were impossible in New Hampshire courts, as judges, juries, councilors and all were in the interest of the proprietors of Bow.

May 30, 1753, the selectmen of Bow were ordered to raise and levy, upon the ratable polls and estates within said town, the sum of sixty pounds in new tenor bills of credit on this government, and, July 26th, a further levy of thirty-one pounds, four shil- lings was ordered, both to be paid before the last of December; a list to be committed to the constable for collection in bills of credit, or in the products of the soil at stipulated prices. The selectmen petition to the Governor and Council, saying,-

" They are ready to obey every order of Government, yet are at & loss as to the boundaries of Bow. One of the purchasers of Capt. Tufton Mason's right is of the opinion that their South East side line should be carried np abont three quarters of a mile further towards the north west. The Pennacook settlers allege that they do not lay in Bow, and many would refuse to pay their tax, and consequently they should be thrown into many Law suits that would probably ruin them as to their

269

BOW.

estates, asking that the Boundaries be fixed, or to give such directione as they shall think proper, which, if followed by them, they may obey the commands laid by the court without the least detriment to themselves. Signed by-

" JOHN COFFIN,

"' RICHAND EASMIAN,

" MOSES FOSTER, 1 1 Selectmen of Bow.

" DAVID ABBOT,

" WILLIAM MOOR,

"Bow, Oct. 26, 1753."

The persons on whom those taxes. were to be as- sessed were, with three or four exceptions, inhabitants of the Rumford and Suncook settlements. They deputed Rev. Timothy Walker to represent to His Majesty in Council their grievances by reason of the law-suits commenced against them by the proprietors of Bow, and solicited of the Massachusetts govern- ment such aid as they should in their wisdom see fit. One hundred pounds was granted.

July 25, 1754, Clement March, Zebnlon Giddings, Daniel Peirce, as agents in behalf of the proprietors of the township of Bow, petitioned the New Hamp- shire government, saying,-

" That the said proprietors commenced an action of ejectment against one Merrill for the recovery of eight acres of land lying within the said Town of Bow ; that the ssid action was carried through the Law here and said proprietors recovered judgement at the Superior Court of Judi- cature ; that the said Merrill had complained to his majesty in Council, who was Pleased to order a hearing of the action before him in Council in October next, and they Humbly pray for a Loan of one hundred pounds, Sterling money, to defend their title to the said land, and they are ready to give such security as the Assembly shall order.

" Whereupon, Voted that a bill be drawn in favor of the petitioners on John Thomlinson, Esq., agent for this Province at the Court of Great Britain, for the sum of £100 Sterling of the interest in his hands be- longing to this Government."

In the spring of 1755, Jonathan Lovewell was ap- pointed to call a town-meeting in Bow, on the 22d of April, for the choice of officers, which he accordingly did, and reported to the General Court that he at- tended at the time and place appointed, and bnt one inhabitant of Bow attended. In contempt of the law and in defiance of the government, they refused to elect the necessary officers to levy and collect the taxes, which was resented by the government.

May 25th it was enacted that "Ezra Carter and Moses Foster, Esq., and John Chandler, Gent., all of said Bow, assess the Polls and Estates within the said town of Bow, as the Limits were run by Walter Bryant in 1749, in a just and equal proportion, the sum of £580 16s., New Tenor Bills of credit." Timothy Walker and John Noyes were appointed collectors, with all the powers of constables for col- lecting public taxes. If said assessors neglected or refused to collect said tax, the province treasurer was directed to issue his warrant to the sheriff to levy said* tax, together with damage sufficient to pay the extra expense of collecting.

In 1756 the committee appointed by the proprietors of Suncook to settle with the Bow proprietors were successful in their endeavors.

Jannary 1, 1757, a petition was presented to the General Court of New Hampshire by Daniel Pierce,

Thomas Wiggin and Daniel Marston, gentlemen ; William Pottle, blacksmith, and Benjamin Norris, yeoman, as a committee of the proprietors of the town of Bow,-

"Shewing that there are many persons claiming lands by titles not de- rived from Bow Prop's; that they had made improvements and had ex- pensive law suits with said Proprietors which had impeded their progress ; that many of the settlers who hold their titles under the proprietors of Suncook are desirous of a settlement of these disputes, and were willing to become not only inhabitants of Bow, but to hold their titles from the Bow Proprietors, who were desirons of having the question settled with- ont further expensive law suits, by reasonable concessions on their part ; notwithstanding the willingness of the parties, impediments existed. The Home lots, or first Division in Bow, which were laid out for 40 acres, fall short some of them nearly one half, and the lote laid out by the Prop's of Suncook run across the Bow lote obliquely, so that one of those interferes with several of these in many places; that they could see no way to quiet the possessors unless the laying out of some of the said Home lots should be annulled and adjudged common land so far as re- lates to those claiming under them, and they ask to have liberty to bring in a bill accordingly.

" Read in Council Jan. 6, 1757. " THEODORE ATKINSON, Sec. "In the llouse of Representatives Jan. 7, 1757 .- And ordered to be printed two weeks successively in the New Hampshire Gazette.

"ANDREW CLARKSON, Clerk.

"February 3d. The petition being read in the House, and it appear- ing that the order of Court had been comply'd with, No persou appearing against it, and the Bow Committee, the petitioners being fully heard, have liberty to bring in a Bill accordingly.

" In Council concured.

"ANDREW CLARKSON, Clerk.

" R. WIBBARD, Secretary."

The small lots both sides of the Merrimack River were annulled and adjudged common land. Forty acres immediately south of the Suncook were sold to Henry Hemphill and a tract above the same river to the Garvins.

In 1758, John Noyes, in behalf of the inhabitants of Bow living east of the Merrimack, petitioned for parish privileges, which was granted November 1, 1759, by the name of Pembroke.

April 6th the selectmen of Bow remonstrate against the petition of John Noyes for the reason,-

" That a great majority of the settlers came on there without right and have endeavored to hold the lands from the Proprietors of Bow, the lawful owners thereof, as appears by many octione that have heen brought against them and many more now depending, and AB there is proposals of accommodation made on both sides, we Humbly conceive that, If they should be favored with their request, it would strengthen them in their error and weaken our just right and prevent the proposed agreement from being vigorously pursued ; we humbly conceive that they ought not to he so fully disunited from the town of Bow and ex- empted from subjection to it as they ask, But that they be a Parish in the town of Bow, for we cannot Conceive what end it can answer to make a township and grant privileges to a society to regulate themselves ac" cording to the Laws of the land when we are putting the same Laws in execution to Dieposess them ; for these and many other reasons we humhly Beg the prayer of the said petition may not he granted.

" ABRAHAM TILTON, " JOHN STOCKINIDGE,

" JOHN DEARBORN, RORX,

" JOSEPH CLARK, -

Selectmen of Bow."

Notwithstanding the foregoing remonstrance, the Council and Assembly thought it would not only be agreeable to the town of Bow, but would be of great service to them, as well as the petitioners, and would promote the settlement of the land thereabouts. Ac- cordingly, November 1st, it was enacted by His Ex-

270

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

cellency the Governor, Council and Assembly that all that part of Bow east of the Merrimack River and between the Soucook and Suncook Rivers be incor- porated by the name of the parish of Pembroke, in- vested with all the powers and privileges of other parishes in the province. This territory included most of the settlers of the Suncook grant, and their troubles with the Bow proprietors were at an end. But it was not so with the people of Rumford ; they were obstinate and determined not to give in their invoice or pay their part of the public charges until they were given town privileges, which the New Hampshire government was slow to grant. A like difficulty respecting taxation existed in that part of Hopkinton claimed by Bow. About twenty-six families had settled there who wished to be taxed in Hopkin- ton, and permission to do so was granted in 1763.

November 7th the sheriff of the province of New Hampshire was ordered to attach the goods or estates of Benjamin Rolf, Esq., Daniel Carter, Timothy Simonds and John Evans, all husbandmeu of Bow, to the value of one thousand pounds, and for the want thereof, to take the bodies, if they may be found in the precinct, to answer unto the proprietors of the common and undivided lands lying within the town- ship of Bow in an action of ejectment, wherein the plaintiffs demanded possession of about one thousand acres of land and appurtenances, "beginning at a stake on the South west of the Great River in Bow, 116 rods below John Merril's Ferry ; thence running west to Turkey river until it comes to within 20 rods of Nathn'l Smith's Grist-Mill; Thence south to said river; thence on said river to where it empties into the great river; thence up the great river to the first- mentioned bound," said proprietors alleging they were entitled to the one thousand acres as part of the eighty-one square miles of their grant. These suits of ejectment were brought to test the right of the Bow proprietors to the lands claimed by them. The cause was brought on trial in the Inferior Court Sep- tember 2, 1760. The jury gave a verdict in favor of the Bow proprietors. The Rumford settlers prayed for an appeal to the next Superior Court, which was allowed. On the second Tuesday of November, 1760, in the Superior Court, the jury again gave their ver- dict for the respondents. The appellants, conceiving themselves greatly aggrieved, prayed and were allowed an appeal to His Majesty in Council. Rev. Timothy Walker was deputed as their agent for that purpose, and succeeded in getting the verdicts of the New Hampshire courts reversed, and the appellants he re- stored to what they had lost by means of said judg- ments, "Whereof the Gov'r. or Commander-in- Chief of His Majesty's Province of New Hamphire for the time being, and all others, are to govern them- selves accordingly." December 20, 1762, this final decision was made.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Merrimack and Belknap counties, New Hampshire, Part 66

Author: Hurd, D. Hamilton (Duane Hamilton), ed Publication date: 1885 Publisher: Philadelphia [Pa.] J. W. Lewis & co. Number of Pages: 1520

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1885
Publisher: Philadelphia [Pa.] J. W. Lewis & co.
Number of Pages: 1520