USA > New Hampshire > Rockingham County > Newfields > History of Newfields, New Hampshire, 1638-1911 > Part 19
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The following agreement was made November 4, 1647, be- tween the inhabitants of Exeter and Edward Gilman, Jr. :
Imprimes, That We doe acsept of Edward Gillman the younger to be a tounsman amongst vs and doe give and grant hime liberty to set vp
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HISTORY OF NEWFIELDS.
a Sawmill or mills in any River within the liberty of Exeter, and to have the priuelg of the Riuer for the use of the miles and of the pines, for Sauing or masts, or any other timber for sauinge to have the pri- uelg of it within the liberty of Exeter.
2d The aforesd Edwd Gilman do engage himself to come and live as a townsman among you and to sett up a mill by the last of March next Ensueing if he can or at the farthest by the last of August next Ensue- ing.
3ly the sayd Gillman doe ingage himself to let the tounsmen have what bords they stand in ned of for ther oun vse in the toune at three shillings a hundrd and what towe inche planks they shall ned for Floering at the same prise, and to take contery pay at prise curent if the mill shall saue it.
4ly the sayd Gillman doe engag himself that what masts he make vse of to giue them as mutch as if he saued them into bords, and to al- low half a hundered in eueri 2000 to the towne.
5ly It is Agreed that Anthony Stanion shall have the liberty to put in a quarter part for a saw mill, provided he doe make good his pro- portion or quarter part in every respect of charges as a partner so that the work be not hindered by him, if he doe so forfeit his share to the aforesd Gillman, and to pay wch damage he shall sustain by it, for the true and sure performance of wch we do bind our selves in fortie pounds Sterling.
In Witness whereunto we have sett our hands -
EDWARD GILMAN
WM MORE -
SAMII GRENFIELD his mark
NATHII BOULTER
Townsmen
BELTISHA: WILLEX EDWd HILTON
On November 19, 1647, the following record is made :
Wee the Townsmen in aboue mentioned haue accordinge to the order given us by the Towne agreed with Elder Nutter & Elder Starbucke as followeth: That is to say wee haue granted unto them accommodation of the upper or lower ffalls of Lamprill Riuer for the erectinge or set- tinge up a sawmill & likewise for what Timber They shall make use of for sawinge by the said mill, Oake or Pine, They shall pay for euery Tree six pounds to the Towne, this is to be paid in board or Plancke at price currant. They haue Liberty to fall their Timber where they shall see most fitt wthin our Bounds.
At a town meeting held in May, 1649, Edward Hilton, James Wall, John and Robert Smart, and Thomas Biggs, had the same liberty granted them to set up a sawmill upon "Pascasoke Rioure which Runs Into Lampell Riuore," on the same terms as
PISCASSIC. RIVER
197
ROADS AND MILLS.
was granted Mr. Gilman. It was added that "the bords or planke wch the Inhabitants of the towne shall have for there one vse Are by the oners of the mill to be brought to the water side att 3s the hundred."
At the same meeting liberty was granted George Barlow, Nicholas Leeson, Francis Swain, Nicholas Swain and John War- ren "to set vp A Saw-mill att Lamperell Riuer att the falls A lit- tle Aboue the Wigwams, And to haue there libertey of felling timber and of payments to the towne According to the two gnts Above writtene."
May 8, 1652, Thomas Biggs of Exeter conveys to John Gil- man of Exeter his interest in a gristmill for a sawmill at "Pascasuck" river, and also land at the mouth of "Lamprell" river granted to him.
At a town meeting held May 10, 1652, Edward Gilman, Sr., Edward Gilman, Jr., Edward Colcord and Humphrey Wilson were given permission to erect a sawmill at the lower fall "att Lamperell Riuer by the bredge, and timber on the Comons there for there mill, paying 51ª A yeare to the Towne for the priuelage After the mill is built."
Also the same permission was given to Thomas Petet, Nicholas Leeson, Thomas Cornish, John Warren and Francis Swain to build a sawmill "at Lamprell Riuer on the next great fall Aboue the fall that som of them haue Already taken posesion of paying 51d a yeare for the priuiledg beginning presently after next micklemas."
Other grants on the same river were August 7, 1652:
Giuen and Granted to Mr Valentine Hill, his Heires & Assignes of Dover; the whole accommodations of Lamprill Riuer for the erectinge & settinge up a sawmill or mills wth all the Timber upon the South side of the said Riuer, wch doth ly within our Line a mile in breadth or thereabouts (Poushasicke Graunt excepted) as also all our Timber upon the North side of the aforesaid Riuer one mile in breadth, & so all our Land in Length; And in Consideration of this grant, Mr. Val- entine Hill aforenamed is to pay to the Towne of Douer the summe of twenty pounds pr yeare in Board or Planke at price Currant & this pay toe be paid yearely by the said Valentine Hill.
In 1656 mention is made of the "saw-mills in Piscataqua River" of Capt. Thomas Wiggin.
At a town meeting held May 11, 1657, Edward Hilton, Jr.,
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HISTORY OF NEWFIELDS.
was granted fifty acres of pine swamp "adjoyning to m' Hiltons lot, for to make vse of solely for that mill he intends to set vp vpon the falls of Exeter opposite to the new mill, with liberty to set vp the said mill as granted to him, and for which he is to pay five pound annually & is to begin to pay it by next mick- almas halfe of the sume and the other halfe the midsmer fol- lowing, but vpon this proviso that he is not to prejdice the new mill any way in respect to water, if John Gilman & the rest be willing that he should hav liberty vpon the comon to fel timber, then this grant is to be relinqusd, but if in case he keeps this grant then he is to make no vse of timber vpon the comons."
On June 3, 1669, a similar grant as that to Valentine Hill, and on similar conditions, was made to Robert Wadleigh, on Lam- prey River a place "Commonly called by the name of ye Ileland falls," "provided it doth not Intrench, upon any former grant either in pt: or the whole." In case there was such intrench- ment the town was to abate the rent proportionally.
In April, 1734, David Dunbar, lieutenant-governor of New Hampshire and surveyor of the "King's woods," twice sent his assistant, Charles Gorwood, in a boat up the river to Exeter to se- cure and remove what he chose to call the King's tribute lying about the Squamscot, especially to visit Gilman's mill at Lam- prey River and mark for his majesty's use all such lumber as he found sawn from mast trees.
Also at Piscassic mill, and Wadleigh's mill.1
The boat arrived at Exeter late in the afternoon. The tavern of Samuel Gilman was guarded by "Indians" which frightened the men who spent the night in the alders and the next morning run for shelter to Portsmouth.2
1 Bell.
2 The mill owners and teamsters from Nottingham used to ford the river, just below the bridge, waiting for low water, just at the turning of the tide.
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Chapter XIII.
EARLY CIVIL AFFAIRS.
At the annual town meeting of Exeter, March 26, 1722, a vote was taken giving "the Inhabitants of Lamperel River be- low Cap. Jeremiah Gilmans house. Leave to build a pound for the use of said town at thair one Cost and charge." This pound appears to be the first public institution in what was afterward the township of Newmarket.
On September 22, 1723, Robert Achmuty preferred a petition in behalf of Richard Hilton praying for a special act to enable Mr. Hilton to bring forward an action before the governor and council against Mrs. Mary Brown. On December 14, both houses voted that the consideration of the petition "be deferred till ye Session of General Assembly in May next."
On February 13, 1724, King George delivered into the hands of the sheriff of the Province of New Hampshire the following writ :
GREETING.
We command you that you summon Richard Hilton of the town of Ex- eter within our said Province, Esq.r Jonathan Hilton, Natha.11 Pease and William Perkins Jun.r all of Exeter afores.d Husbandmen if they may be found in your Precinct, to appear before our Justices of our inferiour Court of Common Pleas next to be holden at Portsmouth within and for our said Province of New Hampshire on the first Thurs- day next following the first Tuesday in March next, then & there in our said Court to answer unto Mary Brown of Portsmouth aforesd Widow Lately Mary Plaisted of Portsmo aforesd Widow, in a Plea of Trespass & Ejectment for unjustly withholding from the Plaintiff the Posses- sion of one messuage & three hundred acres of Land be it more or less thereunto adjoining with the appurtenances, all lying and being in Exeter aforesd & bounded on Exeter river on the Southeast on the Land of John Wedgwood and Land in the Possession of Rob.t Smart on the Southwest the Land of William Moor and Land in the Possession of the sd Robt Smart on the northwest & on the Land of William Perkins, John Perkins & Robt Smart on the northeast, for that whereas the s.d Rich.d Hilton Esq. on the first day of Jan. anno Domini Seventeen hun- dred and Sixteen Seventeen being Seized of the Premises Demanded in
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HISTORY OF NEWFIELDS.
his demesne as of fee among other Tenaments by his deed of conveyance of the Same date (with whom George Jaffrey Esqr therein Joyned for Confirmation thereof in court to be produced) bargained sold and con- veyed the Same to the Plaintiff, in fee and so ought to be in the pos- session thereof, yet the Defendants have entered into the Premises and tho' often Requested refuse to Deliver the possession thereof to the Plaintiff but Still unjustly with hold the Same from her to the dam- age of the said Mary Brown (as she Saith) the Sum of two thousand pounds which Shall then and there be made to appear with other due Damages, and have you there this writ with your doings therein. Witness Richard Waldron Esq.r at Portsmouth this thirteenth day of Feby in the Eleventh year of our Reign annoq Domini 1724.1
Errors having been detected in the writ by the defendant, on the request of the plaintiff the court ordered an amendment. The case was afterwards given to the jury which rendered a verdict for the defendant with costs. On request of Mrs. Brown an appeal to the Superior Court was granted.
The case was finally decided in favor of the plaintiff as we find under date of May 10, 1728, that "Dame Mary Brown of Berwick . . in consideration of £1618, 16s., current money of New England paid by Joseph Jacobs of Newbury, Joyner sold a Messuage in ye Parish of Newmarket 284 acres," -excepting certain small reserves-"which premises is part of the Estate which the said Mary Brown Recov" of Richard Hil- ton of Exeter, Esq" & was put in the possession of by Benjamin Gambling Esq. high Sheriff of ye province of N. Hampshire by virtue of an Execution & writ of Possession."
Under date of November 22, 1734, it seems that Joseph Jacob of Stratham sold certain land and a dwelling house to Jonathan Hoag for £440 saying "it is part of ye Land I ye sª Jacob Bo :t of Mad :m Mary Brown Dec :d." On February 25, 1738, Jon- athan Hoag "Quit claims the above house and land to Joseph Jacob of Newmarket," for £494, 5s., 4d.
It seems from the records that the above settlement of the case so long in litigation did not peacefully end the matter as we find, October 11, 1737, that Ellis Husk, his wife, Mary, "in right of his said wife, and Icabod Plaisted of Salem," Mass.,
1 The reason of this transaction will perhaps be made clearer when it is remembered that Richard Hilton mortgaged fifty-six acres to George Jaffrey in 1713, 330 acres to Mary Plaisted in 1717, and his whole estate to Edward Hall in 1721. This whole property was later purchased by Philip Fowler, and was the occasion of litigation for several years.
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EARLY CIVIL AFFAIRS.
became appellants vs. Richard Hilton, and at an appointed hearing, the latter not being present in person or by attorney, "his default was receorded." The appellants by their coun- sel, Matthew Livermore, state their "reasons of appeal from the Judgment had & obtained against them by the appellee at his Majestys Superior Court of Judicature held at Portsmouth September, 19, 1737," and pray for "a reversion of the Judgment of Said Superior Court & of recovering their Cost."
In consequence of the defaulting of the case Richard Hilton petitions the General Assembly for the passage of an Act for the reopening of the case before the Court of Appeals which was granted June 25, 1743. How the matter finally terminated is not ascertained.
At the meeting in March, 1727, James Burleigh of Bay Side was elected constable, but subsequently Jacob Smith qualified in his stead. Edward Hall of Newfields was chosen selectman.
Capt. Edward Hall seems to have ranked high in public esteem and his services were in constant demand. The Nottingham pro- prietors at their meeting held December 10, 1729, voted that he "have power to Gitt a horse way Cutt To Amuskeige-Amoskeag -as Chepe as he Can Gitt it done and as Low as posible he can."
On March 30, 1731, Capt. Edward Hall and Peter Gilman were chosen a committee to join with the Chichester committee "to Run the Head line of Nottingham." And on July 28 of the same year he and Samuel Goodhue were chosen a committee to join with the committees of Epsom and Chichester "to Run the Dividing lines between Ipsum and Nottingham, and between Chi- chester and Nottingham." Also it was voted that Capt. Thomas Pierce and Nathaniel Rogers be a committee "to Gitt a way from Nottingham to New Market down by Mr. Halls."
At a meeting at Block House, October 12, 1727, Edward Hall and Joseph Hall were "appointed to regulate the streets at Not- tingham and clear them and make them fit for transporting lumber." At a meeting held in Hampton, the same committee was chosen "for perfecting out the lots in Nottingham and to compleat the same, and to let the Block House out to be shingled and underpinned at the cheapest rate."
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HISTORY OF NEWFIELDS.
In 1728 Edward Hall was surveyor of highways, and in addi- tion in 1729 was chosen selectman. In 1730 he was also select- man, as also "lot layer" with Joseph Hall and John Gilman, "to lay out the Land and the latter to each proprietor according to Quantity and Quality."
In 1731 he was selectman, and in 1732 "committee to warn meetings." In 1736 Capt. Edward Hall and Capt. Samuel Gil- man were representatives for Exeter to the "New Assembly."
On January 1, 1731, "Edward Hilton of the Parish of New- market," entered a complaint "In His Majtys behalf," against a "negro man" Sambo, formerly a servant of Andrew Glidden, and now of his widow, or Joseph Smith, her son-in-law, who on December 28, 1730, put said Hilton "in Great fear (even of his life) by the threatening Speeches and actual attempts made against him with force & arms, the said Sambo holding an ax in his said hands of ye value of 12s. Struck at the Complainant a feel blow with the Said ax, and prophanely Swore that he the said Sambo would split out the brains of the Complainant and bury him in the Swamp: and other Enormitys the Said Sambo then & there did," and he prays that "Sambo may be dealt with as to Law and Justice doth appertain."
This resulted in the fining of Sambo ten shillings for profane swearing, and that "for his threatening & Attempts agst Edwd Hilton He procure 2 Suretis to recognise in ye Sum of £10 to be of good behaviour til ye next q" Sessions of ye peace and pay Costs of Court & Stand committed til Sentence perform'd." Joseph Smith paid fine and costs, and with Joseph Glidden be- came surety.
The warrant given to the sheriff for the arrest of Sambo re- quired him also "to Summon John Mcmath of Newmarket afore- said mariner, and Joseph Smart of Dover wthin the Province aforeª husbandman to be present as Witnesses at the Tryal of the said Sambo."
In October, 1739, Capt. Edward Hilton was chosen "to serve in General Assembly" for Newmarket, and February 1, 1740, was committee "to acquaint his Excelly that the House had made choice of Andrew Wiggin, Esq. for their Speaker.". He also appeared before the Council Board with Capt. Thomas Walling-
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EARLY CIVIL . AFFAIRS.
ford that the latter "might be sworn as a member of the As- sembly."
The House, February 12, 1740,
Voted That there be an Additional act made to the Militia act of the 4th George relating to the delinquents non appearance on Training days, viz. that every [one] liable to Traine & duly warned and not appearing & attending the same shall for each dayes neglect pay ten shillings In- stead of five shillings in the abovesaid Act of the 4th of George and that the fine in Millitary Watches for non attendance in Watching or Warding be ten shillings instead of five shillings mentioned in the said act of the 4th of George. And that every Trooper for non appearance at the time and place of Exercise for each dayes neglect shall pay a fine of twenty shillings instead of ten mentioned in the Act of the 4th of George, and that the act continue for three years & no longer & that the fines be gathered and disposed of as in the act of the 4th of George aforesaid and that an act be drawn up accordingly and that Capt. Ed- ward Hall & Capt. Thomas Wallingsford be a Committee of this House to joyne with the Honble the Council shall appoint to draw up the above Additional Acts and present them to the House as soon as may be.
This act was duly drawn and enacted February 21, 1740.
The House made Capt. Edward Hall and Ebenezer Stephens its committee "to Joyn Such as the Council shall appt to sur- vey the Prison & see what repairs are wanting and make their Return as soon as possible."
On February 13, 1740, Capt. Edward Hall was placed by the House on a committee to join with one appointed by the Council "to go on the place and view Kingstown line and make return to the Gen1 Assembly at their next Session." Walter Bryent was appointed surveyor of this line April 15, 1742.
On February 15, 1740, Capt. Edward . Hall, with others, en- tered his "dissent against the answers of the House to his Ex- cellys speech of Feb. 1."
William Parker having brought in a memorial for an act to be made relating to the admission of town inhabitants, the House after reading and considering,
Voted that Mr. Hunking Wentworth & Capt. Edward Hall be a Com- mittee of this House to joyne with such as the Honble the Council shall appoint to draw up an act Relating to admission of Town Inhabitants & appointing Committees &c for viewing old defective Houses and chim- neys & for regulating the Poor and putting out such children apprentice as are like to become chargeable to any Town or precinct or whose Parents do not take due care of them.
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HISTORY OF NEWFIELDS.
Joseph Smith of Newmarket, October 6, 1748, for nine pounds of lawful money deeded to Philip Fowler of Newmarket "a cer- tain parsell of Salt Marsh and flats." His wife, Sarah, gave up "all rite & power of thirds."
Joshua Hill of Stratham, February 6, 1753, "for 1224 pounds old tenor money," sold to Philip Fowler, Jr., 34 acres of land in Newmarket, 20 of which he purchased of Joshua Kennison Jan- uary 16, 1739, seven of Joseph Smart, and seven of Jacob Tilton. His wife, Rachel, gave up her right of dower.
It would seem that Philip Fowler had "unjustly withheld put out and removed" Josiah Hilton from his possession of 56 acres of land and appurtenances, presumably the 56 acres specially mentioned in his will, and that the said Josiah Hilton recovered the same April 19, 1764, by a writ of attachment and costs amounting to £77, 13s., 9d.
Jacob Fowler of Newmarket, November 5, 1753, sold to Philip Fowler for £56, 5s., one half of 50 acres in Nottingham, his wife, Deborah, signing the deed.
Philip Fowler mentioned in his will, dated May 22, 1754, be- sides his wife, sons, Philip, to whom he bequeathed 108 acres, Jacob, 50 acres, Simonds, 70 acres; daughters, Elizabeth, Su- sanna, Judith and Mary, to whom he bequeathes "30 pounds old tener each." Judith was then unmarried. His son, Philip, was made executor. The will had a codicil attached, dated July 25, 1764, referring to the fact "56 acres of his land on which his house stands is since the will was written in the Law, & my son Philip has bound himself to Defray one half of the charge for the carrying the case home to Eng."
Thomas Young and Ichabod Whidden were witnesses to the will, and Robert Smart and John Moody, to the codicil. The will was probated August 26, 1767.
Edward Hilton, November 18, 1768, brought action against Philip Fowler, executor, for the same premises on the ground that the covenant was broken when the plaintiff, April 19, 1764, "was Seized in his Demesne as of fee of a Certain Messuage and Lands with the appurtenances in Newmarket Con- taining by Estimation Fifty-six acres." The writ stated that he "unjustly refuses to keep the same [covenant] To damage of the said Edwrd as he saith the sum of Fifty pounds."
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EARLY CIVIL AFFAIRS.
It seems that the court of appeals rendered judgment for Hil- ton, granting a writ of possession, which, however, was deemed illegal, and Philip Fowler and his brother, Jacob, petitioned the General Assembly for a rehearing, and this was granted June 27, 1777.
Jacob Fowler of Newbury had been "practicing things very inimical to the country" and was sent to Exeter in the care of the committee of safety by Col. John Hurd, August 7, 1776.
To give an idea of the binding out of apprentices in those early days we copy the following indenture :
This Indenture Wittnesseth, That James Cobbey Jur of Newmarket In the County of Rockingham & State of New Hampshire With the Consent of his Father James Cobbey & Anna his wife
Hath put him Self, and by the Presents doth Volluntarily and of his own Free will and accorde, and with Consent of His Father & mother afore Said put and binde him Self Apprentice to Philip Fowler of Newmarket & County afore Said and to Sarah his wife and with them after the manner of an apprentice to Serve from the Tenth Day of May Next for during the term of Ten years To be Compleate and ended: During all which Terme the said apprentice his said master and mistris faithfully Shall Serve, there Secrets keepe there lawfull commands gladly every where obey: he shall do no damage to his said master or mistris, nor see it to be done of others without leting or giving notis there to his Said master and mistris, he Shall not waste his Said master and mistrises Goods, nor lende them unlawfully to any: He Shall not Commit fornication nor Contract matrimony with in the Said Terme: at cardes, dice, or aney unlawful game he shall not play, Where by his Said master or mistris may have damage with there own goods or the goods of others: he Shall not absent him Self by day or night from His Said master or mistrises Servis without there leave: nor havnt alehouses Taverns or Play House, but in all Things he have him Self as a faithful apprentice ought to do towards his Said master and mistris during the said term.
And the Said Philip Fowler for him Self and his wife doth by cou- enant and promis to teach and in Struct, or Cause the said apprentice to be taught and in Structed to Reade wright an Sypher Sufficient to Keep a Tradesmans Book finding unto the Said apprentice Good and Sufficient meat drink Washing and Lodging in Sickness and in helth during the Said terme. And at the Expiation there of to give unto the Said apprentice two Sutes of apparrell Sutable for Him one fitt and propper for Holy Days and one for Common ware Sutable for Such an apprentice to gather with one yoke of oxen to be Delivered to Said . apprentice at the Expiation of Said Terme
In testimony Where of the parteys to these Presents have here unto
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HISTORY OF NEWFIELDS.
interchangeablee Sett there Hands and Seales the Sixth Day of July in the year of Our Lord one thousand Seaven Hundred & Seaventey Eight. his JAMES X COBY JU. (Seal) mark
JAMES COBBEY (Seal)
A record of "Decr 3ª 1788," states that
The within named James Cobbey Junr ran away from said Fowler - & carried away with him a suit of clothes, about 10 yards of woolen fulled homespun cloth - 4 pair of woolen stockens - a pair of buskins - 4 shirts - pair of tow or linnen drawers - 6 yards of linnen & woolen cloth.
The overseers of the poor at Portsmouth, January 3, 1786, bound out in much the same way John Gammon "a minor poor Child" to Philip Fowler for the term of twelve years or till he reached the age of twenty-one, to be taught "the art trade or Calling of a Husbandman."
Rufus Wiggin gave Philip Fowler a written agreement that he would live with him and "perform the service of a hired man for the term of one year from the fifth day of April 1791," for "fifteen pounds twelve shillings lawful money to be paid in neat stock & clothing at the rate of six feet oxen at twelve pounds per yoke-& also a sheep & lamb. The neat stock to be paid May 20th 1792 & the sheep & lamb in November next following the date hereof, as witness our hands April 16th 1791.
Attest Philip Fowler. RUFUS WIGGIN."
Richard Preson of Newmarket, March 15, 1794, sold to Philip Fowler for £60, 48 rods purchased of Samuel Smart April 30, 1785, and 13 1-2 rods of land with mansion house standing on it, purchased by Samuel Smart, November 16, 1786, Mrs. Preson surrendering her right of dower.
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