USA > New Hampshire > Rockingham County > Chester > History of old Chester [N. H.] from 1719 to 1869 > Part 9
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).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57
Saturday, ten o'Clock, Jan. 26th, 1744.
Met according to. Adjournment, and after some Debate the Question was put, Whether the five Gentlemen, viz., Col. Rolfe, &c., from Rumford, &c., should have a Voice in the choice of a Speaker. It passd in the Negative by a great Majority, only two Members (viz., Greenland and Newington) voting in the Affirmative, and two others not being clear did not vote at all. Then the House proceeded to take a list of the Members' Names, which are as fol- lows :
Portsmouth - Nathaniel Rogers, Esq., Eleazer Russell, Esq., Mr. Henry Sherburne, Jun.
Dover - Thomas Millet, Esq., Capt. John Winget, Thomas Wallingsford, Esq.
Hampton Falls - Samuel Palmer, Esq., Mr. Joseph Phillbrook, Mr. Meshech Weare.
100
HISTORY OF THE TOWN OF CHESTER.
Exeter - Col. Peter Gilman, Mr. Zebulon Gideons.
New Castle - William Frost, Esq.
Kingston - Maj. Ebenezer Stevens.
Stratham - Moses Leavitt, Esq.
Newington - George Walton, Esq.
Rye - Mr. Jonathan Lock.
Greenland - Clement March, Esq. Durham - Capt. Jonathan Thompson.
Newmarket - Capt. Israel Gillman.
The House proceeded to bring in their Votes for a Speaker, which being examind it appeard that the Hon. Nathaniel Rogers, Esq., was chosen Speaker of the House by a Majority of Votes, and was accordingly conducted to the Chair.
Then the House proceeded to make choice of a Clerk, and Mr. Henry Sherburne was chosen, Nemine Contradicente, to be Clerk of this House, till another should be chosen and sworn in his Room. And the Oath proper to said Office was administered to him by Ebenezer Stevens, Esq.
Voted, That Major Ebenezer Stevens, Col. Peter Gill- man, Capt. John Wingett, and Mr. Henry Sherburne, jun., be a Committee to wait on his Excellency, and inform him that the House had made choice of Nathanael Rogers, Esq., to be their Speaker, which Message they delivered ; And Mr. Secretary Atkinson and Richard Wibird, Esq., came down and told the House that his Excellency sent them to enquire Whether all the Members that were qualified voted in the Choice of a Speaker. Upon which
Voted, That William Frost, Esq., and Mr. Henry Sher- burne, jun., go up with the following Message to his Excel- . . lency, viz. :
May it please your Excellency : -
In answer to your Excellency's Message by Mr. Secretary and Mr. Wibird, all the Members which represent the Towns and Parishes which heretofore used to send Representatives to sit in the General Assembly of this Province voted in the choice of a Speaker, and none other.
Mr. Secretary and Mr. Wibird soon came down with the following Message :
Before his Excellency can approve or disapprove of the choice of a Speaker, he desires to know why those members were ex- cluded from a Vote in the Choice of a Speaker.
101
HISTORY OF THE TOWN OF CHESTER.
The House immediately sent up Mr. Sherburne and Mr. Gideons, with the following verbal Answer :
If your Excellency means, in your Message by Mr. Secretary and Mr. Wibird, the Persons which told the House they came from Rumford, Haverhill District, Methuen and Dracut District, South Hampton and Chester, the Reason why they were excluded in the choice of a Speaker was because the House do not know any Law or Usage of this Province by which those Places are entitled to the Privilege of sending Members to represent them in this Court.
Mr. Secretary Atkinson came down with the following Message from his Excellency :
His Excellency sent me to acquaint the House that the Members were called in by the King's Writ, agreeable to former Practice ; That his Excellency knows of no other way; That if the House knew of any other Precedent of their being called in any other way, his Excellency desired they would acquaint him, that the public business may not be hindered.
Upon which the following Message was immediately voted, and sent up by Mr. Sherburne and Mr. Wingett.
May it please your Excellency : -
The House in the short Time they had to search, find upon their Records, in the Year 1714, a Vote, entitleing the Town of Kingston to send a Member to sit in this Court. In the Year 1726, a Vote, that a Precept should go to the Town of New-Castle requiring them to choose a Representative for Rye. In the Year 1732, '3, a Petition from the Parish of Greenland, praying the Privilege of having a Representative, which was granted. By all which it appears to the House, that no Town or Parish (not be- fore priviledged) ought to have a Writ sent them to choose a Rep- resentative, without a Vote of this House, or Act of the General Assembly.
Voted, That Capt. Israel Gillman, Mr. Meshech Weare and Mr. Jonathan Lock be a Committee to go to Mr. James Jaffery, the late Clerk of the House of Representatives, and demand of him all the Books, Records and Files that belong to this House, and bring them directly to this House.
Mr. Secretary Atkinson came down and told the House that his Excellency had adjourned the General Court to Monday next twelve of the Clock; That his Excellency will furnish himself with Precedents, and desires the House will do the same.
Monday, Jan. 28th 1744.
Some of the Members being present, Richard Wibird, Esq., came to the House, and by Order of the Governor, adjourn'd the General Court to four of the Clock in the Afternoon.
102
HISTORY OF THE TOWN OF CHESTER.
Four o'Clock. Met according to adjournment ; And Richard Wibird, Esq., came into the House, and said 'Twas his Excellency's Order that the General Court should be adjourned 'till To-Morrow half an Hour past Ten.
Tuesday, Jan. 29th, 1744.
Met according to Adjournment. Present, all but Mr. Stevens. And sent up Mr. Weare and Mr. Gideons to inform his Excellency that there was a House.
Mr. Wibird came down and told the House That his Excellency desired to know if there was any Law of the Province supporting the setting aside any Members, called in by the King's Write, from voting in the Choice of a Speaker.
The House immediately sent up the following Message by. Clement March, Esq., and William Frost, Esq. :
May it please your Excellency : -
On your Excellency's desiring us to produce some Precedents of the Right's being in the House or General Court, to grant the Privilege to any Towns or Parishes of sending Representatives to sit in the General Assembly, we Informed your Excellency that we found in the Records of the House. that in the year 1714 a Vote was passed in the House, entitleing the Town of Kingston to the Privilege of sending a Member to sit in this Court: In the Year 1726, a Vote that a Precept should go to the Town of New-Castle, to choose a Representative for Rye: In the Year 1732, a Petition from the Parish of Greenland, praying the Privilege of having a Representative, which was granted. Since which, on further Ex- amination, we find, that in the Year 1725 a Vote was passed and concuri'd above, desiring his Honour the Governour to send a Precept to Londonderry, requiring them to send a Person duly qualified to represent them in this Court.
And for further Instances of the Power's being in the General Assembly, we would refer your Excellency to several Acts in the Secretary's Office, by which New-Market and Durham were en- titled to the Privilege of sending Members to sit in the General Assembly; and also to the Acts by which Brentwood, Epping, &c., were incorporated into Parishes, which plainly infer the Right to be in the General Court.
And therefore, that such as are called in from Places that are not privileged by the General Court, ought not to vote in this House in the Choice of a Speaker. But the House ought to ex- clude them as much as if they came from another Province.
Soon after this Mr. Wibird and Col. Downing came to the House and read the following Message from his Excel- lency, and carried the Paper they read it out of away again, viz .:
In the present Situation of Affairs in Respect to the War, his Excellency thinks it for His Majesty's immediate Service not to
103
HISTORY OF THE TOWN OF CHESTER.
enter further into the Dispute with the Members called by the King's Writ, and qualified as the King commands, touching the rejecting the Votes of several Members in the choice of a Speaker, which he esteems invading the Prerogative of the Crown, and therefore submits it till his Majesty's Pleasure shall be known thereon.
His Excellency therefore, that no further Delay in the Publick Affairs may happen, approves of the choice of Nathanael Rogers, Esq., for their Speaker, and Commands the Attendance of the House of Representatives in the Council Chamber.
The territory which was claimed by Haverhill and Ames- bury, which was north of the province line, as run and settled in 1741, was called the " Haverhill district," and included Hampstead, Atkinson, Plaistow and Newton. That taken from Methuen and Dracut was called the " Me- thuen and Dracut district," and included Salem and Pel- ham. Rumford was old Pennacook, modern Concord and Bow.
The Governor laid the case before the King and received the following instructions :
BY THE LORDS JUSTICES.
Gower, P. S. Bedford, Montagu, Pembroke.
Additional instruction to Benning Went- worth, Esq., his majesty's governor and commander in chief, in and over the prov- ince of New-Hampshire, in New England in America, or to the commander in chief of the said province for the time being.
[Seal]
Given at Whitehall, the 30th day of June, 1748, in the 22d year of his maj- esty's reign.
Whereas it hath been represented to his majesty, That you, having in his majesty's name, and by virtue of your commission, issued a writ to the sheriff of the province under your government, commanding him to make out precepts, directed to the selectmen of certain towns, par- ishes and districts therein mentioned, for the election of fit persons qualified in law to represent them in the general assembly, appointed to be held at Portsmouth, within the said province, on the 24th day of January, 1744-5; by which writ the towns of South Hampton and Chester, and the districts of Haverhill, and of Methuen and Dracut, and the district of Rumford, were impowered to choose repre-
104
HISTORY OF THE TOWN OF CHESTER.
sentatives as aforesaid; the said general assembly did refuse to admit the persons duly elected to represent the said towns and districts to sit and vote in the choice of speaker: And whereas the right of sending representa- tives to the said assembly was founded originally on the commissions and instructions given by the crown to the respective governors of the province of New-Hampshire, and his majesty may therefore lawfully extend the priv- ilege of sending representatives to such new towns as his majesty shall judge worthy thereof :
It is therefore his majesty's will and pleasure, and you are hereby directed and required to dissolve the assembly of the province under your government as soon as conven- iently may be, and when another is called, to issue his majesty's writ to the sheriff of the said province, command- ing him to make out precepts directed to the selectmen of the towns of South-Hampton and Chester, the districts of Haverhill and of Methuen and Dracut, and the district of Rumford, requiring them to cause the freeholders of the said towns and districts to assemble to elect fit persons to represent the said towns and districts in general assembly, in manner following, viz .: One for the town of South- Hampton, one for the town of Chester. one for the district of Haverhill, one for the district of Methuen and Dracut, and one for the district of Rumford : AND it is his maj- esty's further will and pleasure, that you do support the rights of such representative, when chose ; and that you do likewise signify his majesty's pleasure herein to the mem- bers of the said general assembly. [Douglass' Summary, Vol. 2, p. 35.]
1745. The town was this year divided into school dis- tricts. (See History of Schools and School-houses.)
" Voted, that the town's stock of ammunition shall be Kept and taken Care of by Messrs. Jonathan Blunt, John Robie and William Tolford as a Committe."
1746. At the annual town meeting March 27,
" Put to Vote whether to Petition for an assembly man ; Past in the Negative."
" Put to Vote whether to set off a parish in that part of the town Called Harrytown ; past in the negative."
The ungranted land between Chester and the river above Londonderry was called Harrytown.
105
HISTORY OF THE TOWN OF CHESTER.
Rev. Mr. Flagg receipts for £240 pounds, old tenor, in full for his salary.
1747. At the annual town meeting, March 26,
" Voted, that the whole of this meeting shall be Carryed on by hand vote."
The Congregationalists voted Mr. Flagg twenty-five pounds, old tenor, to purchase firewood, giving every person the privilege of paying his part in wood at twenty-five shillings a cord, if delivered in season. The Presbyterians voted one hundred and forty pounds to Mr. Wilson ; " also To build a Session house 18 feet in length, 16 feet in width and 7 feet post," and chose John Moor and John Aiken a committee "to see what way will be most proper to build it."
" Voted yt the people at the long meadows is not to have any sermon up ther till furder orders."
By an act passed in 1701 a penalty was inflicted for pro- fane swearing, of sitting in the stocks not exceeding two hours, and for a second offence not exceeding three hours ; for drunkenness to sit in the stocks three hours. Theft might in some cases be punished by whipping, not exceeding twenty stripes. The stocks and whipping were legal pen- alties, by an act passed in 1791, and in force in 1815. So the stocks and whipping-post were a part of the police of the town, and would naturally be erected near the meeting- house. In the selectmen's account for 1747 is, " Paid unto William Turner, for making the stocks, £3 00 0." The guide-post at the Centre has, within my recollection, had staples and rings in it as a whipping-post.
1748. A leaf is lost from the town records, containing the warrant and a part of the proceedings of the annual meeting.
" Relating to the third artikell In the warning of Said meeting, Put to Vote whether to Set of [off] a Parish at the Southwest Corner of the town, agreeable to Petition, or not ; past In the " [not said how, but probably in the neg- ative].
106
HISTORY OF THE TOWN OF CHESTER.
They voted not to petition for the privilege to send a representative.
" Voted, That Capt. John Tolford and Capt. Thomas Wells be Impowered to Prefer a Petition to the Governor and Council, In order to Stop and Save any men from be- ing Sent out of town Into the Service ; and further, when their may be a Convenient opportunity Regularly to Pro- ceed, to have a Suitable number of men Put and kept in the Service In our own town."
There seems to have been more fear of the Indians this year than in any other. There were several garrisons kept in town. The house now occupied by Benjamin Hills still has the port-holes through the boarding. Licut. Thomas Smith's, Maj. Tolford's, Abel Morse's and others, tradition says, were used for that purpose. Mr. John Butterfield said that they used to go from there (the Lane district) to town to garrison. The old Gault house in Hooksett was a garrison. There was a man killed by the Indians near Head's mill in Hooksett this year.
The three following petitions to the captains of Chester were from different parts of the town, and accompanied the petition of Messrs. Tolford and Wells to the General As- sembly :
To the honorable Captins of Chester, Greeting : --
Whereas there is a Considerable number of families scattered in the wilderness in the out skirts of Chester, some lives four miles and a half, some three and a half; We are so scattered that we think we are very unfit to live as we dund, nevertheless we would be willing to imatat something of the spirit of the people of zebulan an napt- lem who joperded there lives on the high place of the field ; and whereas we have a velue for our loss liberties, we Earn- estly beg that your honours would look upon us in our Dis- tress, and help with some suldiars, a sertain number; we are not willing to arm, yourselfs Knowing our surcum- stances and how it is with us. believes you will help us this way now, then we with prudence could arm, and in so doing your poor fellows will ever pray. if no help
107
HISTORY OF THE TOWN OF CHESTER.
comes we must leve our houses and homs and go lik scat- tered sheep.
James Basford, Jonas Clay,
David McCluer, John Clay,
Joshua Prescott,
David McClure,
Jabez French,
Jacob Basford.
To the honorable Capts. of Chester, greeting : -
Whereas we ye subscribers live remote from the town, and for some years past have been obliged to leave our places for want of a sufficient number of men to Keep a garrison, which has been greatly to our damage, and we being desirous to live here if we can have three or four men to help surport a garrison. We remain yours, to serve.
Thomas Carly, Philip Grifen, Zachariah Butterfield, Allet Bery, [Berry] Joshua Hall.
Stephen Webster, Alerson [Aaron] Butterfield,
To the Captins of Chester : -
we the subscribers earnestly Request your aid and as- sistance in petitioning the General Court for some help, yourselfs knowing how we are Scattered and how far a Distance from the Meeting House, some 7, some 8, some 9 miles from it. Gentlemen, we are your humble servants,
William Allet, William McClinto,
Walter McFarlan, Nathneal Boyd,
William Gimel, [Gambel,] Micheal MeClinto.
To his Excellency Benning Wentworth, Esq., Captain General, Governor and Commander in Chief in and over the Province of New Hampshire ; the Honorable his Majesty's Council and House of Representatives in General assembly convened, the Tenth day of May, 1748:
The petition of John Tolford and Thomas Wells of Chester, in the Province of New Hampshire, in behalf of the inhabitants of sª Chester, most humbly shews, that the sd town of Chester exposed to the Indian Enemy, and find- ing of the Dwelling houses in sd Town so exposed that un- less there be more men to defend them than the Town itself can afford they will unavoidably be obliged to leave them and their lands also ; that thereby the Enemy will
108
HISTORY OF THE TOWN OF CHESTER.
gain an advantage and the Frontier be bro't nearer the Center ; That Sundry Persons who live in the out Skirts of said Town have prey'd for help, as by their respective Petitions hereunto annexed and herewith presented may more fully appear. Wherefore your Petitioners most hum- bly pray Your Excellency and Honors to allow such a num- ber of men for the Defence and protection of sd Town as in your great wisdom shall be tho't reasonable.
John Tolford, Thos Wells.
In Council May 11, 1748, read and sent Down to the Honble House.
Theº Atkinson, Secretary.
It does not appear that any soldiers were granted.
The Presbyterians " Voted, two hundred pounds old tenor of yearly Celery to ye Revt. mr. John wilson as long as he Dispenses ye Duty of a presbyterian minister amongst us." The money used was bills of credit issued by the province, and it depreciated in value, hence there is in both parishes a continual fixing of the minister's salary. June 29, they
" Voted, that ye Long meadow people shall have their proportionable share of the Gospel according to their pay- ment.
" Voted, yt the preaching is to Be held at andrew Crags howes. [Andrew Craig lived at what was the Presbyte- rian parsonage, where John Ray now lives. ]
" Voted that their meting howes is to be Builded at ye Crotch of the Road between andrew mcfarlands & peney Cooke Road on peney Cooke Road. [Where the Congrega- tional house now stands ; but it was built where the Rev. Mr. Holmes' house stands, the opposite side of the main road.]
" Ther was a vot tried if the parish would refund the money yt the long meadow pepole laid out to Build this meeting howes, But yt vote did not Cary.
" Lift. Thomas Craig, John Shirla, wilam Gilcrist, Each of them Enters their protests against mr. wilsons preach- ing up at the long meadow, likewise against settling two hundred pounds Celery to the revert mr. John wilson ; likewise adem dickey Enters his protest against mr. wil- sons going up to the long meadow to preach ther."
109
HISTORY OF THE TOWN OF CHESTER.
The Presbyterians who then lived at the Long Meadow had helped build the Presbyterian meeting-house, and had thus far gone there to meeting; but now that they were to have preaching a part of the time, and were about to build a new meeting-house, they wanted their money refunded.
" The Little Meeting House," as it was called, was prob- ably built by subscription, as there is no mention of build- ing it on the records. The first that there is any intimation that there is one is in a warning for a meeting, February, 1754, at their " first meeting house."
1749. A town meeting was called, to be holden January 2d, " in obedience to a precept Directed to us by the Sheriff of Said Province, to elect and choose one man to represent this town in General Assembly." Capt. Abel Morse was chosen. The House had not ordered the writ issued, but the Governor, as before.
" Capt. John Tolford and Matthew Forsaith Desents against the Elegallness of this meeting." But Mr. Morse was promptly at his post, for in the House, January 4, a " Message from His Excellency to enquire whether all the members that were returned had taken the oath, particu- larly Abel Morse, of Chester."
The Governor disapproved of the choice of a Speaker, and the question arose whether Mr. Morse should vote.
Jan. 17th, the Governor directs that the members from the new towns have a vote. Mr. Morse had his seat. Chester had been taxed some five years, and not repre- sented.
At the annual meeting, March 30,
" Voted, that the Selectmen, or major part of them, shall be a Committee to Sell off from all the ten Rod High- ways at any time, near the old meeting house, as they shall think fit and Proper, without Infringing any nearer Said house than the fences now stand and are already made, nor to make Said Highway Less than five Rods wide; and so purches a Burying place from mr. Jonathan Blunt for Said town, and to build a Pound."
110
HISTORY OF THE TOWN OF CHESTER.
There had been several attempts to exchange land with Mr. Blunt, but without success. But now they sell the land and purchase a burying-place. At the annual meeting, March, 1751,
" Voted, that messrs. Jonathan Blunt, John Robie, and Capt. Abel morss, Shall be a Committee to fence the Burying place with Bords as they Shall Judg Suitable and Hansom."
Mr. Flagg acknowledges the receipt of three hundred fifty-five pounds, old tenor, in full of salary and wood.
John Mills, Archibald Dunlap and William Kilchrist, former collectors of the Presbyterian parish, were in ar- rears, and a committee was chosen to look them up, and " proceed according to law."
" Voted, that the present wardens is to rais as mueli money as they see needful to defray law charges."
John McMurphy lived in Londonderry, but was a pro- prietor in Chester, and a large landholder. He signed the Presbyterian petition in 1737, as being aggrieved in being taxed for the support of Mr. Flagg. The Presbyterians taxed him for the support of Mr. Wilson.
Mr. McMurphy complained to the Court of Sessions by petition, saying that he lived in Londonderry, and ought not to be taxed in Chester. Entered September term, 1746. An order of notice was served on the selectmen of Chester, who not being parties, the Presbyterian parish was notified. The case was heard, September, 1748, and a verdict given for the parish. The complainant appealed, and the judgment in the court below was reversed, and there- fore Mr. McMurphy was released from taxation.
1750. In the warning for the annual town meeting, March 29, is an article, " To see if the town will appoint, Chuse and Impower a Committee to Sue, Receive and Re- cover of the Last year's Selectmen the town Booke Called the Selectmen's Booke ; and also what money they have which belongs to said town of Chester : To prosecute them
.
111
HISTORY OF THE TOWN OF CHESTER.
to final Judgment and Execution." Put to vote, and passed in the negative. The book is lost.
The Congregationalists voted Mr. Flagg twenty cords of wood yearly during the whole of his ministry, or money equivalent.
1751. In the warning for the annual town meeting, March 28th, is an article, "To see if the town will vote that a Certain parcel of Land Laying at the south west corner of the town, Containing four miles and a half in length and about two miles and three Quarters in wedth, beginning at the South East corner of the 134th Lott in the fourth Division, and Running north four miles and a half to the north East corner of the 71st Lott in Said Division, then went north west to the head Line of the town,-may be adjoined to a part of Londonderry and the Lands about ammoskeag not Incorporated into a parrish, or otherwise as the town shall then think and Judge Best."
" Relating to the Second artikell in the warning,
" Voted, that the Land may be Set off as a parrish upon the following Conditions (viz.) : That any Person that has any Land fall within Said Traet never pay any Taxes for the same until they make Settlement upon the Same ; and that this Vote shall be of none Effect unless they obtain a Grant of the Governor and Council to be Incorporated into a Parrish, taking in Land not Incorporated into a township by amoskeeg and part of Londonderry, as is Set forth in a plan presented in meeting this day.
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.