USA > New Hampshire > Rockingham County > Chester > History of old Chester [N. H.] from 1719 to 1869 > Part 6
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61
PROPRIETARY HISTORY.
on Kingston side line, appointed and marked in 1718 by the grand committee chosen by the General Assembly to fix the bounds of each town; which straight line is the dividing line between Chester and Exeter."
Dec. 16, 1726. Clement Hughes, for himself and in be- half of the rest of the selectmen of the town of Chester, petitioned the Lieut .- Governor and Council, showing :
"That the Props of ye Town of Chester in the year 1722 Obtained a Charter which bounded the said Town on Exeter head bound, which bounds were made certain in the year 1718 by a Grand Committe chosen for that pur- pose by ye Gen1 Assembly in ye year 1715, as appears by the return of said Committe in the Secretary's office ; but the Clerk that drew up the return of said Committee made a mistake therein, Saying that Exeter Should run ten miles upon a W. b. N. Line from the North tree, whereas the Committee's Intent and former settlement was from the South tree, as can be made to appear by Living Evi- dence, &c., Sundry of ye Gentlemen that were of ye Com- mittee being now alive; and the Selectmen of Exeter taking advantage of sd mistake would tend to the ruin of the Town of Chester.
" Yor petition" therefore humbly prays that the said Mis- take may be rectified, and that no room may be left for Future Contention between the aforesd Towns. And your Petitioner as in duty bound shall ever pray.
" Dec. 16, 1726. Clement Hughes."
" In Council, Decr 15, 1726.
" The Selectmen of Chester appearing to Prosecute their Petition for a Committe to run the head line of Exeter which is the Dividing line between the sd Towns, and the Selectmen of Exeter also appearing, and both parties being fully heard, It is Ord that the Prayer of the Petition be Granted ; that Nath1 Weare, Esq., Deacon John Cate & Dan1 Lunt be a Committe, or the Majr of them, to run and settle ye sd Dividing line, and That they begin at the red oak tree marked for Dover west northerly bounds, and run from thence upon a West & by North point of the Compass two miles for Exeter bound on that side, and from thence upon a straight line to the beach tree marked for Exeter west northerly bounds, according to the grand committee's
62
HISTORY OF CHESTER.
return in ye year 1718, and that they measure from the said Beach tree along Exeter side line, being E. & b. S., to a Commonly Called Exeter South tree, which is the bound next Hampton ; and they make report to this board of their doings therein sometime between this time and the Tenth of Jany next, and that the Charge be paid by the two Towns jointly.
R. Waldron, Clr. Con."
THE COMMITTEE'S RETURN.
Pursuant to an order of the honble the Lieut Governor & Council of his Majests Prove of New Hamp' bearing date Decr 15th, 1726, Wee, The Subscribers, have been at the Red Oake Tree Marked for Dover West Northerly bounds, & Run from Thenee upon a West & by north Point of the Compass two miles, making allowance for Windfalls & Un- eveness of Ground, and there markt a Young Red oak Tree for Exeter Bounds on that Side ; & from thence Run South twenty-nine Degrees and Thirty Minuts West, Eight miles and ninety Rods, without allowance to the Beach Tree Marked for Exeter West Northerly Bounds.
Jany 9, 1726-7. John Cate, Daniel Lunt.
LONDONDERRY LINE.
January 6, 1725-6. Henry Sherburne, Thomas Packer, Samuel Ingalls and John Sanborn, in behalf of the pro- prietors of Chester, petitioned Gov. Wentworth and Coun- cil, showing :
" That two years since they Chose a Committe to Join with a Committe of Londonderry to run the Lines be- tween the two Towns, which the said Committee accord- ingly began, and made some Progress in it, but did not Compleat them by reason that the Committee of London- derry would not Consent to allow the usual allowance (of Eleven Chains for ten) for windfalls, &c., in ye woods in the measure in the W. N. W. side Line, and would allow only bare measure, which was unreasonable, and never Practiced before ; the reason being so Exact is because the Proprietors of Londonderry have artfully contrived to have it in their Charter to Ingross to themselves the fishing
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PROPRIETARY HISTORY.
place at Amoskeag, by taking into their Town a small gore of Land at the Head of Chester, untill it takes the said fishing place, they having measured it beforehand for that purpose. Their Ingrossing to themselves ye fishing place will not only be greatly prejudicial to Chester but also to the other new towns."
They pray for a committee. Day of hearing the 25th in- stant and order of notice. The prayer granted and James Stevens appointed surveyor, Benj. Barker and Jno. Call- ton chainmen, and Capt. John Gilman and Edward Hall to keep tally and see that proper allowance is made.
THE COMMITTEE'S RETURN.
Province of New Hampshire :
Pursuant to an order from ye Honble Jon Wentworth, Esq', Lieut. Govern' and ye Honble Council for the province afforsd, passed in Council Jn'y 25, 1725-6, Ordered, that Mr James Stephens should be Surveyor to Run ye Course of ye Dividing lines Between ye towns of Londonderry & Ches- ter, and Mr Benja Barker and Jolin Callton to Carry ye Chain to Measure ye sd lines, and that Capt. John Gillman and Mr Edward Hall to go one wth ye One Chainman & ye other wth ye other Chain Man to give just allowance as they thought fitt.
The forementioned Committe ye 18th of this Instant Octbr, and began a Beetch tree on Kingstown head line and Run W. N. W. Course and Measured ye Same, and gave a just Allowance according to ye best of our Skill & Judg- ment, Untill we Made up ten Miles to three pitch pine trees standing on a plain & Marked, and then turned on a North Cource three miles an half to a great Rock in a little hol- low wth a heap of Stones upon it and Marked trees beside it. all ye afforsd lines by Marked trees, the aforesaid Com- mittee being upon oath.
Jas Stephens, Surveyor. Benja Barker, ( Chainmen. John Callton, S John Gillman, Edwd Hall, Overseers.
Province of New Hampshire, Portsmth, Mar. 23, 1726-7. Entered & Recorded this above written Instrument in ye province Records, Book 15, page 254 and 155.
Pr M. Hunking, Record".
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HISTORY OF CHESTER.
KINGSTOWN LINE.
The charter of Kingstown is dated Aug. 6, 1694. Be- gins " 7 miles westward of the Meeting house in Hampton, thence a due course W. B. N. ten miles into the country ; for its breadth is 4 miles Northerly from said head point of the west line from sd Meeting house, and southerly to within three miles of the Northermost side of Merrimack River." This had been run by the grand committee as far as Island Pond, though crooked against Chester, or at least not in a line to the beech tree, the corner between Chester and Londonderry. The charter of Londonderry on a con- tinuation of this line lay " due south."
May 16, 1728, David Cargil preferred a petition in behalf of the proprietors of Londonderry, asking for a committee to settle the line between Londonderry and Kingstown. He represents that Kingstown charter says "southerly," and they claimed S. by W., and that Londonderry charter says south and that there is no discrepancy, the meaning being south. The committee repaired to the north bound of Kingstown and found the old line to run south between eight and nine degrees west. The line in 1805 ran south three and a half degrees west. Hence the controversy.
At a meeting October 6, 1741,
" Voted, That mr. John Macmurphy, Robert Boyes, Esq', and Insin Jacob Sargent Shall be a Committee to See how Large Kingstown Grant is, and to see what Land yet re- mains to be Laid out between Said Kingstown head Line and the Land already Laid out in this town."
At a meeting June 27, 1745,
" Voted, messrs. Capt. John Tolford, John Robie, John Moore and Enoch Colby Shall be a Committe to treat with Kingstown Committe that are Chosen to Settle the Lines between Said towns of Kingstown and Chester, and to Set- tle with them upon the following Conditions: if they will Settle with us (viz.) agreeable to their Charter and our Charter as they bound one upon the other, and to make Return of their doings to the Proprietors at their next meeting."
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PROPRIETARY HISTORY.
At a meeting of the proprietors of Chester, Dec. 4, 1745,
" Put to vote whether to Settle the bounds with Kings- town agreeable to their Desire. passed in the negative.
" Voted, That Robert Boyes, Esq", mr. Nathan Webster and Lieut. Thomas Wells Shall be a Committee to take Care and get a Sirvaior to Run our town Line Bounding upon Kingstown, and from the Corner of Nottingham to the River and the head Line of the town, agreeable to our Charter ; and to get Chainmen to measure where it is need- full ; and to do what is needfull to be Don in that affair at the Proprietors' Charge, and irake return to the Proprietors at the adjournment of this meeting."
At the adjournment March 4, 1745 [1746],
" Voted, That Robert Boyes, Samuel Emerson, Esqrs., and Capt. John Tolford, Shall be a Committe to Petition the Governor and Council for a Committe to be appointed by them to Run and Settle the Line between Kingstown and Chester agreeable to our Charter."
The petition of Samuel Emerson and Robert Boyes, dated Jan. 24, 1746, to the Governor and Council, in the Secretary's office, shows, " That the petitioners, the tenth day of May, 1722, obtained a Charter from this Hon. board, with a great many valuable Priviledges, &c., with a grant of land set forth in said Charter by metes and bounds; but part of said lines or bounds have never been run by order of this Hon. board, especially between your petitioners and Kingstown, whereby your petitioners hath been laid under considerable difficulty which yet subsists. May it therefore please your Excellency and this Hon. board to appoint a surveyor and chainmen to run and mark out said line according to the metes and bounds in said Charter," &c. The petition seems not to have been granted.
There seem to be discrepancies in the dates. The peti- tion for a meeting is dated Nov. 15, 1745; the warrant Nov. 16, 1745 ; the adjournment March 4, 1745 ; but if the adjournment was 1746, then the petition is dated before the choice of the committee.
5
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HISTORY OF CHESTER.
The next we find is at a meeting of the proprietors of Chester, June 20, 1759,
" Voted, That major John Tolford, mr. John Robie and Capt. Anthony Towl shall be a Committee to Treat with the Proprietors of Kingstown and make a Settlement of the Lines Between the sd Towns of Chester and Kingstown with them, agreeable to our Charter and theirs, if they will ; and if they Refuse to Do that, then they have Power and are hereby authorized to Petition the Governor and Council for a Committe to Establish and Settle the Said Lines, In behalf of the Proprietors of Chester."
At a meeting of the proprietors of Chester, March 11, 1760,
" Voted, That Major John Tolford, Mr. John Robie, and Capt. Anthony Towl, all Proprietors of Chester aforesaid, they or either of them be, and hereby are, agents and attor- nes for the Proprietors aforesaid, for them and in their name to agree with the Proprietors of Kingstown and make a final settlement of the Lines between said towns of Chester and Kingstown, or in order thereunto, if necessary and advisable, to Prosecute and defend in the Law any Petition, action or actions, Real, Personal or mixt, wherein the Said Proprietors are or may be Interested or Concerned, in any Court or Courts, to final Judgment and Execution, with full power to Substitute one or more attorney or attor- nies under them, and to transact and Do to all Intents and purposes as the said Proprietors might do if Personally Present.
" Voted, That the Charge that our Said agents and attor- nies shall be at in Prosecuting and Defending the aforesaid Petitions, action or actions, Shall be Raised and Repaid them by the Proprietors of Chester aforesaid ; and also for their time and trouble their-in."
It seems that Kingstown Proprietors take their turn to petition, for we find that John Tolford for the proprietors of Chester, April 23, 1771, made answer to a petition of Benja. Stephens and Elisha Sweat, agents for the propri- ctors of Kingstown, preferred to the General Assembly April 2, 1761, in which he says, " And the respondents beg leave to say that the petitioners suggest that the respon- dents have lately raised a dispute concerning the bounds
67
PROPRIETARY HISTORY.
between Kingstown and Chester, and would remove the west line of Kingstown further eastward. Now, the respon- dents say that the said dispute has been of long standing, and that they, the respondents, now are, and always have been ready to run the line between Kingstown and Chester agreeable to the bounds of Chester Charter, and that they do not desire one foot of land more than is contained within the bounds of Chester Charter ; and that they would further observe that were it not for Chester Charter, the respondents apprehend that the westerly bounds of Kings- town would be nearly a mile and three quarters more to the eastward than where the respondents claim, and that they have often desired the Proprietors of Kingstown to run the lines between them agreeable to Chester Charter, and have no objection to the bounds between the said two towns to be properly run and settled, agreeable to the Charter of Chester, by persons unpredjudiced and that understand the compass and running of lines."
The line was run, as appears by the petition of Isaac Blas- del, Joseph Linn and Jabez Hoit, and was as it now stands and ran as the north road to Sandown runs, twenty rods, or at right angles seventeen rods, east of the crooked line claimed by Kingstown. But this did not end the contro- versy ; but at a meeting of the proprietors November 9, 1772, John Tolford and Samuel Emerson were made agents with similar powers to those given in 1760.
June 10, 1783, Isaac Blasdel, Joseph Linn and Jabez Hoit, selectmen of Chester, preferred a petition to the General Assembly, showing that they had been called upon to return a true inventory of all lots or tracts of land in Chester to the Secretary's office, which they had done, but find that seventy-two acres of the land have been inven- toried in Sandown ; that the lines between the towns were never, so far as they knew, perambulated according to law, though the selectmen of Kingstown and also the selectmen of Sandown had often been requested to do it. Though the selectmen of Sandown, in November, 1782, consented to perambulate the line between said towns, which was sur-
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HISTORY OF CHESTER.
veyed and marked by Walter Bryant, Jr., Esq., in Decem- ber, 1761, by agreement of the proprietors of Kingstown and the proprietors of Chester, agreeably to a resolve of the General Assembly in May, 1761, and the agreement of the proprietors and Esq. Bryant's return, yet the selectmen of Sandown refused to sign any return to be recorded. They pray the General Assembly to consider the difficulty, when Chester claims a straight line and Sandown a curve or rather a crooked one. [An abstract.] Day of hearing, the second day of the next session.
The proprietors of Chester June 7, 1785, " Voted to James Waddel, Samuel Wilson, Timothy Wells, Sargent Wells and Benjamin Wells, the land they have respectively in their possession laying west of Bryant's line," which was the end of the controversy.
TYNGSTOWN LINE.
At a meeting held June 9, 1741,
" Put to vote whether to take any notice of the Propos- als made by the Committees meet to Confer upon the town- ships of Chester and Tyngstown Infringing upon Each other; past in the Negative."
This was at first thought to be a clerical error and to mean Kingstown. But such is not the fact. There was a long controversy between Massachusetts and New Hamp- shire about the line between them, and Massachusetts had granted towns up the Merrimack. Among others there was a company of volunteers went on snow-shoes, in the winter of 1703, to Winnepissiokee, against the Indians, commanded by Capt. William Tyng of Dunstable. A pe- tition was presented to the General Court of Massachusetts December 13, 1734, by Ephraim Hildreth and John Shep- ley, in behalf of themselves and other soldiers, for a grant of land lying on the east side of Merrimack river, between Suncook and Litchfield. The grant was made on certain conditions and was "Tyngstown." Major Hildreth settled there and built the first mill on the Cohas at Harvey's.
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PROPRIETARY HISTORY.
They had a meeting-house near the old corner of Chester, -the three pines. The McClentos were probably within the bounds of Tyngstown. It was from these settlers, un- der a Massachusetts grant, that the proposition came to settle the line, which Chester so summarily rejected. (See Potter's Manchester, pp. 190-212.) The settlement of the Province line in 1741 ended the Tyngstown claim.
CHAPTER V.
SETTLING MINISTERS, PRESBYTERIAN CONTROVERSY, AND CLOS- ING THE PROPRIETORS' AFFAIRS.
1723. The first meeting of the proprietors, under the charter, was held the 28th day of March, 1723. The names of the officers are given in the list of town officers. It was " Voted, That forty shillings be paid by each pro- prietor by the 15th of June next, besides the Ten shills wch is given to those that have settled." Forty acres of land were granted to Thomas Brown, but for what consideration does not appear. It was laid out on Londonderry line. A home lot was granted to Clement Hughes in consideration of his serving the town as surveyor the year past.
1724. The annual meeting for 1724 was held at the house of Samuel Ingalls, in Chester, and adjourned to the house of Joshua Wingate, in Hampton, the second Tues- day in June. Votes were passed about drawing their addi- tional lots and paying arrearages, on penalty of expulsion. Also, admitting Rev. Theo. Cotton in the room of Samuel Welsh, and Thomas Smith and William Couch in the room of Jacob Stanyan. This year is memorable on account of the capture of Lieut. Thomas Smith and John Karr by the Indians, the only hostile incursion in Chester. An account of it is given in a biographical notice of Lieut. Smith, on a subsequent page.
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HISTORY OF CHESTER.
1725. The annual meeting for 1725 was held at the house of Mrs. Susannah Small, in Portsmouth, the 25th of March. Adjourned to the house of Thomas Webster, of Exeter, the 24th of May.
" Voted, To those that live at Chester the Sum of twenty pounds to hire two Souldiers to guard them four months next ensuing."
In Samuel Ingalls' account is a credit, " By the hire of two soldiers as per vote, £20." There was also a vote passed forbidding proprietors cutting or carrying away any timber on penalty of forty shillings, and a committee chosen to prosecute offenders.
1726. A similar vote was passed March, 1726, and re- peated again at an adjournment in June, and a committee chosen to prosecute and another committee "to present this vote to ye next Court of Quarter Sessions for their al- lowance."
The account current for 1726, including the former bal- ance of £34 16s. 9d., is £92 4s. 10d .; Cr., 126 proprietors 5th payment, 10s. each, £63. Balance due, £29 4s. 10d.
1727. The annual meeting was held the second Thurs- day of April, 1727.
" Voted, That ye Surveyors hire men to repair the ways, ye wages not to Exceed 4s per day nor the sum of £10.
" Voted, That each Proprietor pay Ten Shillings to ye Selectmen to defray the Town Charges By ye Second Thursday in May next."
The Account Currant for ye year 1727.
DR.
To ye ballance of last years acct . £29 4 10
To Sam1 Ingalls, 493 days work on ye ways, 4s. 9 18 00
To do. for laying out land as pr acct 17 2 09
To James Whiting for his assistance per do. 3 16 00
To Clemt Hughes for sundry payments per do. 28
7 6
To Robert Smith as Selectman, 33 ds a 6s.
1 1 0
To John Sanborn as ditto, 23 ds
15 00
To Selectmen, expences pd per Clement Hughes to Mr. Ludd and Mr. Ingalls 0 11 10
£90 16 0
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PROPRIETARY HISTORY.
Ut Supra. CR.
By rate on 126 Propre at 10s pr.
£63
Ballance due from the Proprs.
27 16 1
£90 16 1
This is the last account contained in the records. Up to this time, and in 1728, and probably longer, the money was raised by a tax on the proprietors' shares, resident and non-resident. So far, a large portion of the officers have been non-resident proprietors, but in 1728 there is a change, -all the town officers are residents.
The annual meeting was held at Chester, March 28th. Eldad Ingalls was chosen town clerk, and Capt. Henry Sherburn, Capt. Joseph Sherburn and Thomas Packer were chosen to " make up accompts wth Chester's Old Town Clerk, Mr Clement Hughes, and to Receive ye town Book and Deliver it to Eldad Ingalls ye present town Clerk."
" A vote was past at ye Ann1 Meeting in March that all ye propres of Chester should pay ten Shillings apiece at ye adjournment of the ann1 meeting, which will be ye second Tuesday of June next, concerning ye hiring a Minis' for this Year."
Eldad Ingalls was chosen town treasurer, and the con- stable was to gather the rates, and deliver it to the treas- urer.
There was a vote passed at the adjournment, that if any settler settling on lands laid out should be molested by non-proprietors, the expense of trying the title should be paid by the proprietors.
There was a meeting held, Nov. 12, 1728, at the house of Samuel Ingalls. It was
" Voted, that ye Stating ye plan for ye Meeting house should be left in consideration till next March Meeting."
But the meeting was adjourned to Hampton, on the last Tuesday in December, and there
" Voted, That ye place called ye Center where four prin- cipal Roads meet, being near ye Minis's lott, be ye place for Setting up the meeting house."
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HISTORY OF CHESTER.
1729. The Annual Meeting was held at the house of Samuel Ingalls, and after choosing officers, adjourned until June 10, and a new meeting called at the same time and place, " To make Choice or give a call unto M' John Tuck of Hampton to settle wth us in ye work of ye Ministry, and to see what encouragement we shall give him for his main- tainance with us."
At the meeting it was
" Voted, That Mr. John Tuck of Hampton is Chosen to settle wth ye Inhabitants of Chester in work of ye Min- istry.
" Voted, That 120 pounds be Raised for ye support of ye Gospel Ministry (amonge us) by ye Inhabitants and proprs according to their settlement for five years ensuing, and then be Raised as the law directs.
" Voted in ye affirmative.
" Voted, Samuel Ingalls, Dr. Edmond Toppin and Wil- son, are chosen a Committee to wait on Mr. John Tuck to Invite him to ye work of ye Ministry in Chester."
Meeting adjourned to the third Tuesday of September, at Capt. Joshua Wingate's at Hampton.
MR. TUCK'S ANSWER.
Hampton, Ocr 7th, 1729.
To ye proprs of ye town of Chester this day met at Capt. Wingates in Hampton.
Gentlemen,
Whereas you, wth ye freeholders of ye town of Chester, Did somtime ago Invite me to ye work of ye Ministry in Chester ; now these are to Signifie, that for Weighty Reasons I Decline settling there. I wish you a happy set- tlement in God's good time. This from
Your Humble servt
Jon Tucke.
At the adjournment, Sept. 16th, adjourned again to Oct. 7th.
" Voted, That Mr. John Tuck be paid thirty shillings per Sabbath for fourteen Sabbaths last past.
" Voted, That there shall a Committe be chosen to look
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PROPRIETARY HISTORY.
out and get a minist to preach at Chester in order to his Settlement there.
" Voted, That Sam" Ingalls & Jacob Sargent be a Com- mitte chosen to look out for a suitable orthodox good man yt shall be aproved by ye Neighboring MinisTs.
" Voted, That there shall be a meeting house built ac- cording to these Dimensions : Imprs, fifty foot in length, and thirty-five foot wide & twenty foot post, and finish it com- pletely, both inside & outside, to ye turning of ye key, and set upon ye place appointed and before voted.
" Voted, That a Committee be chosen to agree with ye Carpenter or Carpenters to build a Meeting house accord- ing to ye Dimentions before mentioned, and that Dr. Edmond Toppin, & Sam1 Ingalls & Nathaniel Heally, be ye Committee to agree wth ye Carpenters in ye behalf of ye prop's of Chester.
"Voted, That there shall be Raised forty shillings in Money on Every full prop's share in Chester to be paid unto ye town treasurer (Jacob Sargent is chosen), at ye next proprs meeting towards ye building of a meeting house in Chester to be drawn out by the Committee as there shall be Occasion ; viz., Dr. Edmond Toppin and Sam11 Ingalls & Nathaniel Haley, a Committe.
" Voted, That there shall be Raised twenty Shillings in money on Every full proprs lott in Chester for ye paying the town Debts, to be paid unto ye Constable for ye town's use at ye next prop"s Meeting in Chester."
In regard to the location of the meeting-house, it sat on the ten-rod way. James Varnum bought of the town five rods in width of the ten-rod way, where Mr. Batchelder lives, so that the north side would be not far from where the north side of the street is now. When the Rev. Mr. Hale sold to the Rev. Mr. Flagg, the corner was described to be about eight rods northerly of the meet- ing-house. Jabez French bought five rods of the ten-rod way ; so the corner of the church is now probably near where the corner of the lot was, and eight rods from there would nearly correspond with the tradition that the house stood where the liberty-pole now stands.
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