USA > New Hampshire > Strafford County > Durham > History of the town of Durham, New Hampshire (Oyster River Plantation) with genealogical notes, Volume 1 > Part 2
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Ambrose Gibbons, Rated and to pay 4d p.f is Willm Beard, Rated
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Tho: Stephenson, Rated and to pay 4d p.f is William Drue, Rated and to pay 4d pf is Matthew Gyles, Rated and to pay 4d pf is
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Mrs Matthews Rated and to pay 4d p£ is Jonas Binns, Rated and to pay 4d p.£ is
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Darby ffeild, Rated
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Charles Adams, Rated and to pay 4d p.£ is John Bickford, Rated and to pay 4d pf is Philip Chasely, Rated and to pay 4d p£ is Tho: Willey, Rated and to pay 4d p.£ is John Allt, Rated and to pay 4d p£ is
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HISTORY OF DURHAM
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Oliuer Kent, Rated
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Tho: Johnson, Rated and to pay 4d p£ is
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Geo:Branson, Rated
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Willm Roberts, Rated and to pay 4d p£ is
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Tho: ffootman, Rated and to pay 4d p£ is
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John Martin, Rated and to pay 4d pf is
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This Rate within specified Is to bee paid in such commodities, time and place, as followeth, vizt. One fourth part in Corne, to bee pd and brought in at the rates as followes vizt. Indian Corne at 4s p bushell, wheat and pease at 5s p bushell, and to bee paid by the 10th day of the next mo at the house of Wm Pomfrett and the rest of the rate to bee pd in by the 10th day of March next ensueing at the saw pitt below Tho. Cannys, for one place of receipt, for part of the said rate, and the other to bee paid in at the back Cove, to the Constable or his Assignes. All pipe staues are to bee delivded in at the rate of 3:10:0, and hh staues at 02:05:0. And for default of paymt in either or eny of the said paymts in pt or in all contrary to the forme aforesaid Wee doe hereby authorize and giue vnto the Constable full powr to arrest and attach the goods of such pson or psons as shall make denyall. Witnes or hands, this 19th day of 10th mº 1648.
Ambrose Gibbons
Hatevill Nutter
William Pomfrett
Antho Emerey Tho: Layton.
This list shows that twenty-three out of fifty-three inhabitants of Dover lived at Oyster River. The next year two new names appear at Oyster River, John Hill and William Follett, and in 1650 we first find the names of Rise Howell and Mr. Valentine Hill.
The following first appear in the rate list of 1657, Ed Patterson, John Meader, Patrick the Scot [Patrick Jameson], Robert Burn- ham, William Williams, James Bunker, Robert Junkins, Mathew Williams, Richard Bray, John Davis, John Woodman, Joseph Field, William Pitman, and John Hance.
In the rate list of 1659 appear the following new names, Thomas Humphrey, William Graves, James Jackson, Walter Jackson, Henry Browne, Thomas Doughty, James Oer, James Middleton,
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HISTORY OF DURHAM
Edwin Arwin, John Barber, Benjamin Matthews, Benjamin Hull, John Diuill, William Jones, and Steven ye Westingman (?) which may mean either Stephen Jones or Stephen Robinson, both of whom appeared about that time.
In 1661 we first find Hugh Dunn, Alexander McDaniel, Henry Hollwell or Halloway, Teague Riall or Royall, Joseph Smith, and Davey Daniel.
In 1662 the list shows the new names of Philip Cromwell or Crommett, William Perkinson or Perkins, James Smith and John Smith.
In 1663 appear Thomas Morris and Patrick Denmark. Wil- liam Durgin was first taxed in 1664.
In 1666 we find Nicholas Harris, Robert Watson, Joseph Stimson or Stevenson, Salathiel Denbo, Arthur Bennet, Thomas Edgerly, Abraham Collens, Zachariah Field, Michael Simmons, James Huckins, Edward Leathers and Thomas Chesley.
In 1681 appear as new names, Samuel Burnham, Dennis Bryant, Jerimie Crommet, Abraham Clarke, John Davis, junior, Nicholas Doe, James Derry, John Derry, Nicholas Follett, George Goe, Joseph Hill, Samuel Hill, Charles Landeau, Joseph Kent, Nathaniel Lumocks [Lamos], John Meader, junior, John Mickmord [Muchmore?] John Pinder, John Rand, John Simons, Robert Smart, junior, Edward Small, Bartholomew Stevenson, William Tasket or Tasker, James Thomas, John Tompson, William Williams, junior, John Willie, Stephen Willie, and John Yorke .-
In 1682 we notice David Davis, Nicholas Dunn, Nathaniel Hill, William Hill, William Hucklie, William Jonson, Ezekiel Pitman, Francis Pitman, Roger Rose, Joseph Stevenson.
This is not the place to enter into details concerning the troubles of New Hampshire with Massachusetts, with the heirs of Capt. John Mason, and with the Cranfield administration. The following brief citation from an article in the Granite Monthly of February 1902, written by the Hon. Frank B. Sanborn of Concord, Mass., sufficiently sets forth the part Oyster River had in those affairs. Robert Burnham, who was born at Norwich, England, in 1624 and married in Boston in 1646 or earlier "was in 1664 a petitioner to King Charles for a separation from Massa- chusetts and appears to have been then a Church of England man; but in 1684 he refused to pay Mason his quit-rents and was
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HISTORY OF DURHAM
-
nominally ejected by Mason from his farm in Durham. More- over, at the time of Monmouth's rebellion and after the death of Charles II it was testified by Philip Chesley of Dover, April 26, 1685, 'that he heard Robert Burnham of Oyster River say there was no speaking treason at present against the king, for there was no king, and that the Duke of Monmouth was proclaimed and crowned in Scotland and gone for Ireland, and that the Duke of York was not yet crowned, and it was a question whether he ever would be.' In 1665 Burnham had joined with Champernoon and John Pickering of Portsmouth, and Edward Hilton and John Folsom of Exeter in petitioning that King Charles 'would take them under his immediate protection and that they might be governed by the known laws of England,' and one reason for this request was 'that they might enjoy both the sacraments, which they have been so long deprived of.' In 1684 he joined with the Waldrons, Wiggins, Sanborns, etc., in petitioning against the exactions of Cranfield and Mason, and among his fellow- petitioners was Joseph Stevenson of Oyster River, who said, not long after, 'I owe the governor nothing, and nothing will I pay him; I never knew him, nor had any dealings with him.'"'
Exasperated by the arbitrary methods of Cranfield the people of Exeter, Hampton, Portsmouth and Dover decided to make complaint to the king, and Nathaniel Weare of Hampton was appointed their agent and sent to England in 1685. In the petition that he carried from Dover are found the following Oyster River names, John Meader, Philip Chesley, Joseph Steven- son, Thomas Chesley, Stephen Jones, Edward Small, Nathaniel Lamos, James Huckins, Zacharias Field, Robert Burnham, Samuel Burnham, Jeremiah Burnham, Samuel Hill, Peter Mason, John Woodman, senior, John Woodman, junior, Jonathan Wood- man, John Davis, senior, John Davis, junior, Joseph Field, John Bickford, Thomas Edgerly, John Hill, Charles Adams, Charles Adams junior, William Parkinson [Perkins], Joseph Hill and Nathaniel Hill. [See N. H. Province Papers, Vol. I, p. 561.]
It is worthy of note that during Cranfield's administration the Rev. Joshua Moody was tried at the Quarter Sessions before Capt. Walter Barefoot, Nathaniel Fryer, Henry Green, Peter Coffin, Henry Robie and Thomas Edgerly, the last being a well known name of Oyster River. The justices debated a little; four of them entered their dissent, viz., Messrs Fryer, Green,
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HISTORY OF DURHAM
Robie and Edgerly; but Barefoot and Coffin were for Mr. Moody's condemnation. In the morning, after outside influ- ences had been used, Green and Robie consented to his condem- nation. Justice Edgerly was cashiered and bound over to the Quarterly Sessions. By the governor's order he was discharged from being Justice of the Peace and from being in any other public employment. In the records of the Quarter Sessions the Clerk of the Court gave the substance of the debate as follows: "Justice Edgerly-that since his Majesty has been pleased to grant liberty of conscience to all Protestants here, the said Moody is not liable to the penalty of the statutes for refusing to admin- ister the sacraments according to the form thereof."
A petition dated 20 February, 1689/90, was addressed to the Massachusetts authorities by the inhabitants and train soldiers of New Hampshire, requesting that they might be taken under the government and protection of Massachusetts Among the petitioners are the following names of men then residing at Oyster River. Those followed by a cross thus X made their mark. Philip Duday X, James Thomas X William Perkins X, Steven Robeson, Francis Pitman, Robert Burnam, Jeremiah Burnum, John Buss, Joseph Meder X, John Meder junior, Stephen Willey X Joseph Davis, Moses Davis, Thomas Bick- ford, Charles Adams, C. A. his mark, Benjamin Mathews X, John Bunker X, Joseph Kent, Salathiel Denbow X, William Durgin by order, John Bickford, John Davis, James Smith, Nathaniel Hill, John Woodman, Thomas Edgerly, Zacharias Field, Thomas Chesley, Philip Chesle, Robert Watson, Stephen Jones, Thomas Arsh X [Ash], Edward Lethers X, Philip Ches- ley X, John Pitman, James Derry X, John Davis junior, Samuel Burnum, Thomas Davis X, and William Pitman .- [N. H. Prov- ince Papers, Vol. II, pp. 34-39.]
The fruitless petition of Oyster River in 1669 to the General Court of Massachusetts may be seen in the chapter on Church History. Another petition was made to the General Court of New Hampshire in 1695, asking that Oyster River be made a township.
To the Honble John Usher Esqr., Leut. Governor, Comandr in Chief of his Majest Province of New Hampshire and to the Honble Councill,
Wee the Subscribers, Inhabitants of Oyster River, Humbly Petition and Pray
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HISTORY OF DURHAM
That whereas his most Sacred Majesty King William has been pleased through his grace and favor to grant unto yor Hon" by his Royall Comission with ye Councill full powers and authorities to Erect and Establish Townes within this his Majesties Province, and whereas wee yor petitioners have by divine providence Settled and inhabited that Part of his Majeste Province Commonly called Oyster Riuer, and have found that by the Scituation of the place as to distance from Douer or Exeter, but more especially Douer, wee being forced to wander through the Woods to yt place to meet to and for ye Management of our affaires are much Disadvantaged for y. Present in our Business and Estates, and hindered of adding a Town & People for the Honr of his Majesty in the Inlargement and Increase of his Province, Wee humbly supplicate that yor Hon" would take it to yor Consideration and Grant that wee may have a Township. Confirmed by yor honours, woh wee humbly offer the bounds thereof may extend as followeth, to begin at the head of Rialls his Cove and so to run upon a North west line Seven Miles, and from thence with Douer line Paralell until wee meet with Exeter line that yor Hon" would be pleased to grant this Petition, which will not only be a great benefit Both to the settlement of our minestrey, the population of the place, the ease of the Subject, and the Strengthening and Advantaging this his Majists Province, but for an engagement for yor Petitioners ever to pray for the Safety and Increase of yor Hon" and prosperity.
John Woodman
William Jackson
Stephen Jones Davis X
Joseph Bunker
John Smith
Samson Doe
Joseph Jones
James Bunker Sen X
John Doe
Jeremiah Cromet
John Williams
James durgin X
Thomas Williams
William willyoums
William durgin X
Elias Critchett
Henry Vines (?)
Nathaniell Meder
Philup Cromel X
John Cromell
John Meder Jr.
Jeremiah Burnum
William tascet X [Tasker]
John Smith
James dere [Derry]
Thomas Bickford
philip duly X
John Pinder
Ele meret [Eli Demeritt]
francis mathes
Joseph Jengens
Henry Nock
Jems Bonker X
John Willey
James Thomas
Thomas Edgerly
Pitman
Edward Leathers X
John Edgerly
Henry marsh
William durgin X
Joseph Meder
Joseph Smith
Edward Wakeham
Thomas Wille
Philip Chastlie Sin
Thomas Chastlie
Thomas Chastlie Jun
francis Pitman
George Chastlie
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HISTORY OF DURHAM
This petition as printed in the Memoranda of Ancient Dover has been compared with the same as found in N. H. Town Papers, Vol. IX, p. 234, and appears to be more correct, espe- cially as to names of inhabitants.
Nothing resulted from this petition, and the thought of making Oyster River a separate township passed out of mind for more than a generation. The rights of an independent parish, secured in 17161, satisfied the inhabitants for a time, and the dispute between the people at the Point and those at the Falls and the western part of the parish concerning the location of the meeting house engaged attention for a long time. In 1729 a dispute arose about the division line between Oyster River Parish and the rest of Dover, and a committee was appointed by the General Assembly to run the line. Parties living near the border desired to be included in the Oyster River precinct, where they had considered themselves as belonging and where it was more convenient for them to attend church. The follow- ing petition of "sundry aggrieved inhabitants of Oyster River" best explains the situation
To the Honorable John Wintworth Esq: Lieut Governor and Commander in Chief in and over his Majtes Province of New Hampshire in New England and to the Honorable his Majster Council and Representatives for said province.
The Humble Petition of Sundry aggrieved Inhabitants of the parish of Oyster River most humbly Sheweth Whereas we the Subscribers in Habitance of said parish Have allways been Constant hearers and Paid our Rats to the Minister of said Parish as by the Rait List of assessment Will make appear and Likewise Sundry of us have Been at a Consederabel Charge in Bulding a Meating House in said parish it being Nier and more Convenent for us to attend upon the Publick Worship of God at Oyster River Meeting House then at Cochecho Meeting House which is a great way further for us to go tho Never the Less as we understand we are in Danger of Being Excluded from our said Priviledges by such an Unequal Line of Boundary between the parish of Oyster River and Cochecho which if being so stated will be greatly to the Damage of yor Petitioners.
We do therefore Humbly Crave Liberty of the more Mature and Superior Judgment of your honours in the General Assembly praying yor honours to take it in Consideration that there may be a more Equal Line of Bound'ry Set so that yor aggrieved petitioners may not be under such Grat hardships, and yor petitioners shall ever pray,
JOSEPH JONES in behalf of the rest whose names are to be given in.
1 See chapter entitled Sketch of Church History.
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HISTORY OF DURHAM
Joseph Daniel
Zachrah Edgerly
William Brown
William Glines
James Jackson
Samuel Davis
Thomas Lethers
Joseph Hiks
John Tasker
James Busell
Samuel Chasley
Morres Fouller
Joshua Chasley
John Busell
Joseph Parkins
Eli Demerett
Thomas Bickford
William Demerett
Ralph Horll [Hall]
John Demerett
Samuel Parkins
John Huckins
Joseph Jones Jun-
Job Demerett
Benj Jones
Derry Pitman
John Jones
Thomas Willey Jun
John Rand
Joseph Daniel the third
John Remiss [Remick?]
Noel Crose
Timothy Moses
John Daniel
Thomas -
Benjamin Evens
Samuel Chesle
Harvey Buswell
John Allan
William Buswell
Dec. 10, 1729.
As a result of this petition a hearing was granted, and the matter was put off until the spring session. Mr. Jones petitioned a second and a third time, and still no action was taken. Sep- tember 18, 1731, the Rev. Hugh Adams asked for a hearing with reference to the division line of the parishes, and a hearing was ordered for 23 September, but no record of the result is to be found. September 24, 1731, Stephen Jones, Hubbard Stevens and John Woodman petitioned for a hearing on the same matter, representing that they were a committee authorized by the Oyster River Parish and that the previous hearing had not been held as ordered. In response to this petition a hearing was ordered for 6 May, 1732, which by adjournment was held 9 May, 1732. As a result a bill was drawn up and in a few days passed, incorporating Durham as a Township. The Journal of the House calls it the Parish of Durham. The records of the Council call it a Township. The Charter calls it a Township. The name Durham was suggested by the Rev. Hugh Adams, as claimed by him in an address to the General Assembly in 1738. See N. H. Province Papers, Vol. V, p. 35. See also Miss Mary P. Thompson's Landmarks in Ancient Dover, p. 67.
The Charter as given below is copied from the Town Record Book, the first thing recorded in the book that contains the
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HISTORY OF DURHAM
records from the year 1820 to the year 1841. It has been com- pared with a copy made from the original in 1828. The original act was found among the papers of Secretary Richard Waldron in the hands of Richard Russell Waldron of Portsmouth, Feb- ruary, 1827. It does not bear the Province Seal :
Anno Regni Regis Georgii Secundi Quinto.
An act for making that part of Dover formerly called Oyster River into a township by the name of Durham.
Be it enacted by his Excellcy the Governor, Councill and Representatives conven'd in General Assembly and by the authority of the same, That all those lands lying on the southerly side of a west north west halfe a point north line from Johnsons Creek at the bridge (in the county rhoad) to the head line of Dover township, and from the said bridge southeast and by east down to a pine tree on a point or neck of land called Cedar Point on the west side of the mouth of the Back River in Dover be erected and made into a distinct and separate town by the name of Durham by the bounds aforesaid: all the lands lying within the township of Dover on the southerly side of the lines aforesaid from Johnsons Bridge: And that the inhabitants of Durham have, use, exercise and enjoy all such powers and privileges which other towns have, and do by law use, exercise and enjoy so that theykeep & maintaine a learned orthodox minister of good conversation among them: and make provision for an honble support and maintenance for him and that in order thereto they be discharged from payment to any other minister: and that all the common land within said town of Durham to be the present inhabitants as the majr part thereof shall grant and that (if there be occasion to call a town meeting for making choice of any town officers for the present yeare) that Capt. Francis Mathes is hereby impowered and directed to notifie and summon the inhabitants duely quallified for voters to assemble & meet to- gether for the choosing such officers or making such rates as are needfull for the present yeare untill theire annuall meeting.
And be it further enacted, That the said town of Durham have power to send a Representative to the Gen !! Assembly from time to time.
In the House of Represen. May 13th 1732.
Read three time in the House of Representatives and passed to be enacted.
ANDREW WIGGIN, Speaker
In Coune eod die Read and Concurr'd.
R. WALDRON, Sec'ry
May 15, 1732. I assent to the enacting this bill.
J. BELCHER.
The first town meeting was called by Capt. Francis Mathes and held 26 June 1732. It was voted to divide the common and undivided lands among the present inhabitants, and a committee for that purpose was appointed 28 January 1733/4. The warrant of 6 March, 1733/4, under the hands of the select- 2
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HISTORY OF DURHAM
men, called a meeting of the freeholders and inhabitants, who were so in 1732, to assemble at the meeting house, where the Sullivan monument now is, on Monday, 18 March 1733/4, to pass votes relating to the division of the common lands. It appears that the previous committee did not act. The meet- ing chose Jonathan Thompson as Moderator and the following committee to make the division, viz., Job Runals, Joseph Jones, Jr., Stephen Jones, Ichabod Chesle, Thomas Stevenson, Samuel Smith, Elezar Bickford, Daniel Davis, Francis Mathes, Joseph Thomas, John Smith, Jr., John Williams, Jona Tomson, John Burnum and John Woodman.
DURHAM VILLAGE AS SEEN FROM BROTH HILL "Distance lends enchantment to the view."
Samuel Smith was chosen Proprietors' Clerk, and 19 Decem- ber 1734, it was voted "that not any person that was not an inhabitant in town when the charter was given and granted should have any part or share of the common or undivided lands in said town."
On 20 December, 1734, the committee "voted that no person under the age of twenty one years of age when the charter was given & granted should have any part or share of the common & undivided lands in said town."
At a subsequent meeting it was decided that twenty-five acres should constitute a whole share, and that whoever had
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HISTORY OF DURHAM
farmed or improved any of the common lands since 1701 and before the charter was given should have the privilege of laying it out "when it comes their turns by the numbers that they draw," and if they refused then the others could lay out the same. The Rev. Hugh Adams, in a petition to the Governor, Council and Assembly, in 1738, states that "the inhabitants of said town proceeded by their chosen committee at their most general meeting to divide their commons, voting the minister aforesaid should, as he did, draw lots for them all." The division was made in the meeting house, the land divided being largely located near Little River, in that part of Durham which is now Lee. Later it was voted by the town that "each whole Share man pay ye Comite eight shillings & each lesser Share man according to their proportion & to pay when their lots are drawn." The division was made 18 March, 1733/4, and the following is a list of those who received lands:
Acres
Acres
12} Joseph Atkinson
25 Wm Clay
163 Sam Adams
25 Elias Critchet
25 Hugh Adams
8} James Conner
32 Joseph Baker
25 Joseph Davis
25 Joseph Bickford
25 Ephraim Davis
25 Joshua Davis
25 John Bickford
25 John Davis
163 Walter Briant
122 Jeremiah Davis
25 James Burnum
25 James Davis Jr.
25 Robert Burnum
25 Daniel Davis
33 Charles Bamford
163 Solomon Davis
25 Joseph Bunker
25 James Davis
25 James Bunker
163 Jabez Davis
25 Abraham Bennick
163 Ebenezer Davis
122 John Buss
25 John Drew
163 John Buss Jr.
25 Joseph Drew
25 Jonathan Chesle
25 Wm Drew
25 Ruben Chesley.
25 Thomas Drew
25 Joseph Chesle
163 Joseph Durgin
25 Ichabod Chesle
25 Francis Durgin
25 John Durgin
163 James Durgin Jr.
25 Lemuel Chesle
25 James Durgin
25 William Durgin
163 WVm Durgin Jr.
163 Jonathan Durgin
25 Philip Chesle
25 Joshua Chesle
25 Eli Clark
25 Joshua Cromet
25 John Cromat
25 Benjamin Davis
25 John Burnum
12} Samuel Davis
25 Benjn Bickford
25 Elizer Bickford
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HISTORY OF DURHAM
Acres
12} Benjamin Durgin
163 John Doo Jr. [Doe]
12 Joseph Kent
25 John Doo
25 John Kent
163 Joseph Doo
122 Naptheli Kinket [Kincaid]
25 John Daniels
I Christopher Korest (?)
25 Joseph Duda
12} Ezekiel Leathers
25 Joseph Daniels Jr.
163 Edward Leathers
12} Abednego Leathers
12 Peter Dennio [Denbo, now Dinsmore]
25 William Leathers
25 Richd Dinbo
33 James Leary
12} Benjamin Daniel
163 Thomas Langley
6} Joseph Daniels
163 James Langley
25 Samuel Emerson
8} John Mason
25 Timothy Emerson
163 Isaac Mason
25 John Edgerly
25 Peter Mason
25 John Edgerly Jr.
6} Wm Mills
25 Joseph Edgerly
25 Peter Mondro
25 Joseph Edgerly Jr.
25 John Footman, deceased
33 Robert Mack Daniel
25 John Footman
25 Joseph Footman
25 Thomas Footman
25 Joseph Meder
33 Samuel Folloy
25 John Meder
25 Ichabod Follet
25 Nathaniel Meder
163 John Foolet
25 John Gray
6} Joseph Gilman
I Nathaniel Gookin
25 Francis Mathes
6} John Moore
25 Hezekiah Mash
25 John Pinder
25 Benjn Pinder
25 Samuel Perkins
25 John Pitman
6} Abel Peve
83 Mathew Perey
25 Solomon Pinkham
25 Wm Rains
25 John Rawlings
25 John Ranals
25 Job Ranals
25 Wm Jenkins
25 Stephen Jenkins
12} Samuel Jackson
25 W'm Jackson
64 Moses Kenning
6} John Kelly
Acres
25 Robert Kent
25 Robert Huckins
25 Joseph Jones
25 Stephen Jones
25 Stephen Jones Jr.
25 Eben'r Jones
25 John Jenkins
163 Jon Randel
163 Wm Randell
6} Richard Rooks
83 John Scias Jr.
163 Samuel Sias
163 Solomon Sias
25 Henry Hill
25 Valentine Hill
25 Nathaniel Hill
25 William Hill
122 John Hall's Estate
12} James Hall
6} James Heald
163 John Muncy
I Randel Mack Donel
25 Samuel Meder
25 Daniel Meder
25 Nicholas Meder
25 Francis Mathes
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HISTORY OF DURHAM
Acres
Acres
I Benjamin Stevens
25 Joseph Thomas
163 James Stevens
163 Joseph Wormwood
25 Hubord Stevens
163 Jacob Wormwood
83 Ebenezer Spencer
83 Wm Shepperd
25 Jonathan Woodman
124 Clement Sias
25 Jonathan Woodman Jr.
25 John Sias
25 Joshua Woodman
25 John Smith
163 Edward Woodman
25 John Smith Jr.
163 Arclas Woodman
25 John Smith ye 3d
25 John Woodman
25 Samuel Smith
8} John Welsh
25 Samuel Smith Jr.
5 Joseph Wheler
25 Samuel Smith ye 3d
25 John Wille
25 James Smith
25 John Wille Jr.
25 Archabel Smith
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