USA > New Hampshire > Rockingham County > Chester > History of old Chester [N. H.] from 1719 to 1869 > Part 2
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Joseph Small died, -his wife was a daughter of Col. Thomas Packer, and her husband's right was voted to her, and her home lot exchanged for one near her father's. Thus came a woman to be a proprietor. She kept a public house in Portsmouth, and many of the committee meetings were held there. There is a deed on the Rockingham records, Book 14, page 20, in which Thomas Packer conveys to Susannah Small one " negro girl."
There is recorded in another place in the Proprietors' records, those " Propriets yt did not draw for their Home Lotts at the first." The list contains thirty-nine names, a large portion of whom were those taken into the Society from Massachusetts.
[Council Records, Sep. 24, 1719, p. 388.]
" Mr. Clement Hughes prefered a petition to this board directed to His Excellency the Govr and council, signed by abt 100 Persons, praying for a township above Kingstown as on file, which being read, it was resolved that the Same should be considered when His Excellency comes next into this province."
At a meeting of the Proprietors of the Chesnut Country, held at Greenland the 16th day of March, 1719-20 :
" 1ły, Col. Packer Chosen moderator.
" 2ly, Joseph Tilton Chosen Clark.
" 3Is, The form" Committe are Confirmed in their place wth the Same power as formerly.
" 4ly, The former Lott Layers are confirmed.
" 51y, Capt. Sherburne chosen Receiver.
" 6ly, That whereas there was a petition formerly prefered to the Governmt for the Granting the Chesnut Country for a Township to the Society, That the same be withdrawn and another prefered when there is a convenient Season.
" 7ly, Voted, That our Annual meeting to chuse prudential men Shall be on the third Wednesday in March, yearly."
6
HISTORY OF CHESTER.
At a meeting of the Committee, April 25, 1720,
" Voted, That a home Lott and a Farm of five hundred acres be given to His Excellency our Govern", or fifty pounds in money.
" Voted, Also a home Lott and a Farme of five Hundred Acres to his Honn' our Lt. Govern"."
By the Council records this company seems rather to have the preference over the others, yet it was deemed wise policy to hold out this inducement, which looks a little like bribery. But we do not know the inducements offered by the other parties.
[Council Records, April 28, 1720, p. 148.]
" The petition Prefered by Mr. Hughes at the Sessions in September last, signed by about 100 persons, and suspended till this Time, and also another signed by Capt. Henry Sherburne and Mr. Clemt Hughes and compa as a Supple- ment To the aforesaid petition, prefered this day, was read at the board, praying for a Township in the waste land ad- joining Kingstown, &e.
" Ordered, that the Clerk give notifications to Such per- sons as have claim upon the Said land or have anything to object against the making a Township according to the tenor of the above petition, To appear before His Honor the Lieut. Govr and Council, to whom the matter is referred."
[Council Records, May 24, 1720, p. 154.]
" The Petition of Clement Hughes and Henry Sherburne prefered last session in behalf of themselves and sundry others, praying for a township at a Place called Cheshire, read at ye board; also another petition from sundry persons of Exeter and Haverhill, praying to be joined with the first petitioners in the settlement of the township, was read as on file."
[Proprietors' Records, May 24, 1720.]
"This day the Committee (agreeable to a vote of the Society of ye 16th of March last) prefered a Petition to the Govern' and Council for withdrawing the form" Petition and a grant of a Township in the Chesnut Country of ten miles Square, wh Lys under consideration till next Term."
7
PROPRIETARY HISTORY.
[Council Records, August 26, 1720, p. 169.1
" The petition of Messrs. Henry Sherburne, Clement Hughes and compa, prefered May 24, praying for a town- ship &c., is granted, and Col. Hunking, Capt. Wibard, Capt. Henry Sherburne and Capt. Tilton appointed to lay out the lands."
I have made an examination at the Secretary's office for the foregoing petitions, but without success. There are pe- titions relating to Chester, bound up in a volume with other towns back to 1726, but none of these are among them. The old files are in a very confused condition, every thing mixed together, -due partly, probably, to their being removed to rebuild the State-House, - so that it would be almost an impossibility to make a thorough examination. The following (apparently genuine) is copied from Bell's " Facts in relation to the history of Chester" in N. H. Hist. Soc. Coll., Vol. VII, p. 403.
[From the Council Records of 1719.]
PETITION FOR GRANT.
A petition for a township in ye Chestnutt County, signed by about 100 hand, preferred by Mr. Hughes, Sept. 24, 1719. Minuted-Read again, Apr. 28, 1720.
To his Excellency Samuel Shute, Esq., Capt. Gen" & Com- mandr in Chief in an over His Majesty's Province of New Hampshire, &c., and the Honble the Council, now sitting in Council at Pourtsmouth, in and for said Province :
The humble petition of sundry of the Inhabitants of sd Province Humbly sheweth That yr Petitioners have asso- ciated themselves together to settle a certain tract of waiste land containing Eight miles square, laying in the Province of New Hampshire aforesd, and adjoining on the East to Kingston and Exeter, and on the South to Haverhill, and on the West and North to ye woods.
And forasmuch as yr Petitioners are informed that sun- dry persons belonging to severall Towns in the Province of the Massachusetts Bay design to petition yr Excellency & Hon's to have the same lott of land granted to them for a township,
8
HISTORY OF CHESTER.
Your Petitioners therefore most humbly pray that they may have the preference (having been at a vast expense of blood and treasure to maintain the same against the Enemy), and that the said tract of land may be granted a township to them, and as many more as are willing to set- tle the same, so as to make up the number of one hundred (and twenty five) persons, under such limitations for the settling of it as y Excellency & Hon's will in your great wisdom see convenient for the speedy settling thereof, and y' Petitioners ever will pray as in duty bound.
Sept. 24, 1719.
Thos Phipps,
Henry Shurburne,
Jos. Pierce,
Benj. Gambling,
Tho. Packer,
Jos. Sherburne,
Joseph Tilton,
Clement Hughes,
Nath" Batchelder, jr.,
Sam' Plaisted,
John Cram,
Elez' Russell, Samuel Hart,
Jacob Stanyan,
Ephm Dennett,
Robt. Row, Sen',
John Preston,
David Tilton,
Benj. Sanborn,
Reuben Sanborn,
Joseph Sanborn, James Prescott,
John Morrison,
Sam" Blake, jr.,
Nath1 Healey,
Jonathan Prescott, jr., Richard Sanborn, Richard Clifford,
Joseph Batchelder,
George Veazi, jr.,
John Sealy,
Jonathan Sanborn,
Jethro Tilton,
Nathan Longfellow,
Ichabod Robie,
Sain" Sanborn, Jacob Green,
John Prescott, jr.,
Henry Dyea,
Zachariah Clifford,
Benj. Fifield,
Joseph Batehelder, jr.,
Sherburne Tilton,
Sam" Blake, senr.,
Benj. Fogg,
Edward Gilman,
Joseph Love,
John Searll,
Jacob Gilman,
William Godfree,
Joseph Young,
Nehemh Leavitt,
Ephraim Hoit,
John Morrison,
Abraham Sanborn,
Sam" Elkins,
Israel Blake,
Robt Wade, jr.,
William Healey, Charles Stuart,
Jeremiah Sanborn, Daniel Tilton,
Enoch Sanborn,
Philemon Blake,
Nath" Sanborn,
Edward Sanborn,
9
PROPRIETARY HISTORY.
Thomas Veazi,
Daniel Lovering,
Joshua Prescott,
Ebenezer Lovering,
John Cass,
Jonan Robinson,
Daniel Ladd,
Reuben Smith,
Abner Herriman,
Thomas Veazi, jr.,
Sam" Prescott,
Nath" Stevens, jr.,
Nath" Bachelder, senr.,
James Leavit,
John Ladd,
Win. Stevens, Porchth,
Oliver Smith,
Jonan Plummer,
Edward Fifield,
John Smith,
John Gilman, jr.,
Benj. Tole,
John Knowles,
Caleb Tole,
Sam" Veazi,
Abraham Drake,
Benj. Veazi,
Sam" Smith,
Thomas Veazi, jr.,
Thomas Garton,
Nicholas Norris,
James Purckins,
John Norris,
Jacob Moulton,
Nicholas Seavy,
Jonathan Nason,
Thomas Rollins,
Elisha Smith,
Joseph Lorrane,
Jonathan Dearborn,
John Roberts,
Thomas Leavitt,
Moses Norris, senr.,
James Fogg.
COPY OF THE LAYING OUT OF THE FIRST GRANT.
Whereas we the subscribers were Ordered and directed by the Committee appointed by His Excellency the Govern" and Council to Lay out a new Town adjoyning to Haver- hill, Kingston & Exeter, Pursuant to the aforsd Directions we have run the following Lines, viz .: We begun at a white pine Tree marked R. W., H. S., I. T., W. B., Stand- ing on the Supposed Kingston line, where Haverhill Sup- posed Line Cutts it, and run Ten miles upon a W. N. W. Line to a pitch pine Tree notcht on four Sides ; Then we be- gun again at the aforsd white pine Tree and run Three miles, along Kingston Supposed head Line to the Supposed Kingston North Corner Bounds next to Exeter ; And from thence Seven miles upon a N. b E. Line to a Hemlock Tree marked R. W., H. S., I. T. the other two Lines being run parralell to those two Lines will make a Tract of Ten miles Square, Agreable to the Petition preffered by Capt.
10
HISTORY OF CHESTER.
Henry Sherburne, Clem Hughes & Compª to and Granted by His Excellency the Governour & Council. Dated at Portsmouth
Jany 4th, 1720-1.
Thos Pierce, Eph™ Dennet, George Pierce, Jos Tilton.
Prov. of N. Hampr. S Whereas, we the Subscribers were appointed by His Excellency the Govern' & Council a Comittee to Lay out a Tract of Land of Ten miles Square adjoyning to Haverhill & Kingston & Exeter, for a Township, and after having duly considered how the Said Tract of Land ought to be Layd out Consonant to the Petition prefered to His Excellency the Goyr and Council by Henry Sherburne, Clem' Hughes & Compª, and that the Land may not In- fringe on any Former Grant, and having Chosen Capt. Jos Tilton, Capt. Thos Pierce, in' Ephraim Dennet, m' George Pierce, m' Ichd Roby & mr. Jacob Stanyan to run the Lines for ye bounds of ye above Township, we did order and direct them the sd Capt. Tilton, &c., to run the Lines as is Ex- pressed in their return on ye other side ; & being persuaded yt ye same will not Infringe on any former Grant, we do al- low & Confirm ye sd return as far forth as it Lyes in our Power, and pray that ye same may be allowed and Con- firmed by His Excellency the Governour & Council.
The corner bound of Chester, next to Londonderry, near Mr. Tenney's, down to 1801 was a beech tree, which is ex- pressly mentioned in the charter of Londonderry, June 21st, 1722. In this survey they commenced at a white pine, but if the points were not identical they were not far apart, for a range of the home lots laid out in 1719 certainly commenced near the present corner. This return runs on Kingston line three miles (probably to the corner near David Lane's) and " next to Exeter," whereas Exeter corner was finally established more than two miles farther east. The lines were all uncertain, as we shall see when we come to the settlement of the lines. This was merely a grant of the land, not the charter of a town, and whether
11
PROPRIETARY HISTORY.
satisfactory or not, the bounds of the charter were essen- tially different, including much more land. The Society seem to have made great efforts, and spent time and money to secure their object. They built a possession fence around the country. The committee had a meeting June 15, 1720, and examined and allowed various accounts, includ- ing an account of " Mens days Fencing the Chesnut Country & going there to Oppose the Haverhill people." There were 484 days allowed, at an expense of £144, 18s. This could hardly have been expended since the October meet- ing.
Whether the claim of the Haverhill people was merely an effort to get a grant, or a claim under the charter of Haverhill from Massachusetts, or both, I do not know. When I was surveying on the additional lot No. 31, in 1819, Mr. Peter Hall and Mr. Abraham Sargent were present, and they said that they had seen a monument near there, said to have been erected by Haverhill people. Their tradition was that the charter of Haverhill began at " Holt's Rocks " (so called), and was to run thence N. W. to Merrimac river ; that they started at the Rocks and run twenty miles ; failing of provisions and liquor they erected their monument and went home. They were probably right in regard to the monument, but wrong in regard to the explanation, as the following, which is taken from a copy in the case of French vs. Morse, before the Court of Ap- peals in the Secretary's Office, will show :
" Haverhill, July ye 4th, 1674.
At the Request of the Selectmen of Haverhill, the « Bounds of Said Town were perfected as followeth : From Holts Rocks we run due northwest according to the Com- pass, not allowing any variation, allowing almsbury their full and just bounds, as hath been determined by the hon- oured General Court ; all the other line on the west Side of the Plantation we run from Merrimack River due North until it cutt with the first line, where we erected a great Pillar of Stones. this last line was Set out & begun to run by Ensign Noyes and Sargeant John Parker at eight miles distance from Haverhill meeting [house ], upon a due
12
HISTORY OF CHESTER.
west Line, which is according to the grant of the General Court. the Running lines on both Sides of sª Plantation were bounded by markt trees and heaps of stones, laid out by Jonathan Danforth, Surveyr. Bilereca 12 3m., 1675.
The Court approves of the Return, as attests Edwd. Raw- son, Secretary."
This pillar of stones was probably the one seen by Mr. Hall and Mr. Sargent. Capt. David Shaw tells me that there used to be an oak tree by the poor farm which was called " Haverhill bounds." Margaret Shirley and Mrs. Cowdery recollect the tree. By looking at the map it will be seen that the northwestern line from the corner of Chester and Derry (the road over Walnut Hill and down Jack's Hill) does not correspond with the northeastern end of the additional lots at and above the poor farm, and the question may arise, If they intended in laying out the home lots to follow Haverhill line, how came the offset ? In answer, we may suppose that Haverhill line was not well defined ; that if trees were marked in 1675 many of them were down ; and that they started at the supposed intersec- tion of Haverhill and Kingston lines, and on the supposed course, and run on to near Three Camp meadow, and then offset about sixty rods to keep clear of the meadow to the road through Hall's Village. The line of the home lots over the hill, if extended, would be about the northeast line of home lot 124, on which John Shirley settled, where Mr. Cowdery now lives. They then found that they were about sixty rods northeast of the old Haverhill line, the oak tree and perhaps other monuments, and they run that range of lots to the line, and then continued on as far as the home lots extend.
This is corroborated by the fact that, accompanying a petition of Richard Hazzen, Jr., and others, to the Council of Massachusetts in 1728, complaining of the encroach- ments of the people of Londonderry, was a plan in which the line running northwest passes over the corner of Ches- ter, and extends into Chester, so as nearly or quite to cor- respond to this monument. A reduced copy of this plan is
13
PROPRIETARY HISTORY.
inserted in Chase's History of Haverhill, page 290. And further, the first settlers of Londonderry obtained a deed, dated Oct. 20, 1719, from John Wheelwright (a grandson of the original grantee of the Wheelwright claim), of " A certain tract of land bounded as followeth, not exceeding the quantity of ten miles square : beginning at a pine tree marked, which is the southwest corner of Cheshire, and running to the northwest corner of the said Cheshire, and from the northwest corner running a due west line unto the River Merrimack, and down the River Merrimack, until it meets with the line of Dunstable, and there turning east- ward upon Dunstable line until it meet with the line of Dracut, and continuing eastward upon Dracut Line untill it meets with the line of Haverill, and Extending northward upon Haverill until it meets with the line of Cheshire, and then turning westward upon the said Line of Cheshire unto the pine tree first mentioned where it began."
This line of Haverhill is probably the one on Hazzen's plan, but stopped at the line of Cheshire running west north- west, according to the grant of 1720, - which had prob- ably been previously surveyed,-and not up to the northwest line to the monument seen by Mr. Hall and Mr. Sargent. It would probably intersect the Londonderry line not far from the Derry road.
At any rate, there was a line of Haverhill run up into Chester, and the proprietors or lot-layers, in laying out the home lots in 1719, did not intend to trespass on Haverhill, and began on what they supposed to be the intersection of Haverhill and Kingstown lines, and run north-west the course of the supposed Haverhill line ; and the gore, be- tween these lots and Londonderry line as established by the charter, was laid out into additional lots in 1726.
The return says: " We the subscribers have layd out an additional lot of fifty acres to Each home lott, beginning first at ye south-east corner of ye town next Haverhill, Running westerly along Derry line, called the first Range."
There was allowed at the same time, June 15, 1720, "For time about the Law suits, 9 days, £2-14s." Also of
.
14
HISTORY OF CHESTER.
" Money expended on the Law Suits & paid by Capt. Henry Sherburne the Receiver for the Proprs."
It would seem from the Proprietors' records that they had lawsuits, but who the parties were, and what legal authority any body had, does not appear. There is a credit March 30, 1723: "So much recovered of Jarvis Ring, · £2 12." I have examined the Court records of that period, but have found no such cases.
£ s. d.
Paid to Mr. Aemuty for pleading 1 10 00 ·
to Capt Phipps, do. Sundry times
2 10 00
to Mr. Waldron 1 00 00
to Mr. Jeffries . 1 00 00
to Jno. Pray, serving a writ 2 00 00
to Michael Whidden, for do
15 00
In 1723, there is credit given for cash recovered of Jarvis Ring, £2 12. There is also " an account of men's Labor Since the Lotts were drawn," amounting to £47 10, giving the inference that the other was before the lots were laid out.
£ s. d.
To Lot-layers
. 24 10 00
to Committee
. 8 2 00
to Committee's expenses . 6 00 00
Clement Hughes' charges.
£ s. d.
To drawing a petition
5 00
to cash paid the Clerk of the Council
10 00
to Drawing articles for the Society to Signe
6 00
to do. a plat for the Society
5 00
to Copy of an Indian Deed (probably the deed to Stephen Dudley) 6 00
There is also a charge for "43 gallons of rum, 6 lbs. of sugar of Capt. Sherburne, weh was given ye men at work in the Country," £1 16 6. The whole amount of their ac- count current, June 15, 1720, was £247 7 6.
" At a meeting of the Committee the following persons
15
PROPRIETARY HISTORY.
were admitted proprietors in the Town of Checher agree- able to the Desire of the Governt, viz :
William White,
Jona. Clough,
Jona. Emerson,
Thos. Whiting,
Jno. Packer,
Jno. Jaquish,
Jona. Kimball,
Wm. Daniels,
Steph. Webster,
Step. Johnson,
Thos. Silver,
the Rev. Thos. Simms,
Sam1. Ingalls,
Richd Haselton,
James Fales,
Nathan Webster, of Bradford,
Jno. Littlehale,
Richard Jaquish."
Eph. Guile,
At a meeting of the committee Nov. 20, 1720, the fol- lowing persons were admitted proprietors, viz. :
"Capt. Henry Sloper, Jacob Gilman,
James Boid,
Ed. Gilman,
Benning Wentworth,
Thos. Smith, in the
Win. Crosswait,
Room of Richard Swain,
Clem Mishervey,
Robert Ford,
the Revd Nath! Rogers, Amos Cass,
Samuel Sherburne, in ye
Eben" Eastman,
Room of Wm. Stivens, Luther Morgan, Jos. Young, Samuel Thompson."
The first, and a part of the second list, were Massachu- setts men, and a part were Exeter men, including probably the petitioners mentioned May 24, 1720, and was a matter of compromise and put an end to the contest with Haver- hill people.
" At a General Meeting of the Proprietors of the Town of Checher held at Hampton the 11th day of January, 1720-1,"
" Voted, Colº Packer moderator.
" Voted, That each prop' that does not Settle pay ten Shillings per year during three years, the whole to be Divided yearly among them that Settles.
"Voted, To Collo Packer, Collo Wiar, Caleb Tole and Sam" Ingalls the whole Priviledge of the upper Falls on the great Brook forever, to build a Sawmill or mills on, and also ten acres of land gratis on Each Side of sd falls for the
16
HISTORY OF CHESTER.
sd mills conveniency, with condition that the sd mill shall be fitt to Cutt boards in a Twelve month from this time and that they shall saw at halves the Prop's Loggs, So much as they shall have Occasion for, for Building.
" And those proprs that Shall have Occasion to buy boards shall be supplied with So many as they shall have occasion for at the Rate of thirty shillings per thousand deld at the mill.
" And if the making of a pond or ponds for sd mill dam- nific any of the prop's, the Town shall make good the Damage.
" Voted, that as soon as Thirty Householders are set- tled there Shall be a minister of the Gospel maintained by the whole proprietary ; and as soon as fifty families are Settled there shall be a meeting House for the Publick Worship of God built by the Whole Proprietary."
This was a grant of the privilege of the "Old " (Has- elton's) sawmill. Samuel Ingalls was one of the grantees, and the Haverhill people were quieted before this.
Thus early, too, was provision made for preaching, and a meeting-house.
At a meeting of the Committee, Jany 25, 1720-1,
" Voted, that whereas the number of proprietors is con- [a part of this word is torn off ] and no provision made for a school master, that the next proprietor that shall Forfeit his Lott the Same Shall [be] appropriated for a School."
At a meeting of the Committee, March 15, 1720-1, " The following accots were reed & allowed of. Act of charges about ye bridge the first time." There are the names of persons and the days worked amounting to sixty-two days.
" Accot of Charges about the Bridge the Second time," eighteen days. " The third time," twenty-seven days, the whole amounting to £134 10s.
This was on the bridge between Sandown and Danville, which was always called " Cheshire Bridge."
" Accot of time Searching the Country," thirty days by five persons, £9.
" Acct of Charges in Running the Line." There were
17
PROPRIETARY HISTORY.
twelve men five days each ; seven hands four days each, and one man three days, - £38 16s.
" Accot of Charges Looking and cutting the way,* and keeping possession, &c." There were twelve men five days each ; fifteen men four days each; seven men six days each ; amounting to £48 12s.
The committee had a bill for settling, from three to ten days each, £16 6s., besides collecting the assessments, &c.
Joseph Tilton charges " six days attending the Govr & Council."
" Accot of Time laying out ye Haverhill mens lots,"- four men six days each, £9 12s.
" Account of Charges Repairing the possession fence," - seven men two days each, two men four days each, £6 12s.
" Acct of time to Give Evidence at Court," -two men two days each, £1.
" Acct of time to find if any Trespasd upon the Society,"- four men three days each, £3 12s.
" Account of what allowed the Committee appointed by the Governor to Lay out ye Town," - four men one pound each, £4.
Clement Hughes charges.
To Attendance on the Govnt 2 days £0 12
To do. on Courts 3 days 0 18
To Pd Dan1 Levit for two horses that run away from people left in the Country to keep pos- session 7 10
To drawing 2 new mapps . £10 00 and many other items.
* There was probably no kind of a road this side of Kingston Plain, and when they first came to the Chestnut country they must have come through the wilderness on horse-back, if not on foot, and therefore kept south of Exeter river, and come up on to Walnut Hill. But they afterwards looked out and cut a way over Beech Plain, and built some kind of a bridge across Exeter river, to come through the north part of Sandown.
At the June Term of the Court of Sessions, 1736, the grand jurymen from London- derry represented that there was no highway from Kingstown to Chester. An order of notice was served on the selectmen of Kingstown, who appeared in 1737, and prayed for time.
2
18
HISTORY OF CHESTER.
Capt. Henry Sherburne charges.
To a book 9s. 6d .; pair of marking irons 3s. 6d. 13 To a mapp 10
To So much paid Mrs. Small for expenses wth ye Lt. Gov. &c. 1 00
and other items. The general price of labor and time is 6 shillings per day. The whole amount is stated March 30, 1723. The Dr. side is £583 4s. 7d.
The Credit :
125 proprietors 60s. cach £375 00
For forfeitures 6 16 .
Recovered of Jarvis Ring
2 12
Balance due from the Proprietors . 198 16 7
- £583 04 7
The account current is stated again for 1724 and 1725. The Dr. side, including the above balance, £541 16s. 9d. The Credit side consists of :
126 Proprits 50s each 2 payment £315
126 do 3 payment 20s. 126
126
do
4
do
10s.
63
One for the first omitted
3
507
Balance
£34 16ª 9d
I give these items of the accounts to show something of what these men did and paid to start the settlement of Chester.
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