USA > New Hampshire > Rockingham County > Exeter > History of the town of Exeter, New Hampshire > Part 12
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On the same day the town requested Samuel Dudley and Edward Gilman to "go to the next General Court as messengers for the town, to treat with the Court about the liberties and bounds of our town, that we be not infringed upon either by Dover or Hampton." Ten days later, the town excused Mr. Gilman from the duty and appointed Edward Hilton in his stead; and Mr. Dudley and John Legat were desired to compose the petition to send to the said General Court. Samuel Dudley, Edward Hilton, Thomas Pettit, John Legat, Edward Gilman, James Wall, Humphrey Wilson, Nicholas Listen and Thomas Cornish, or any six of them, were authorized to set their hands to the petition in behalf of the rest of the town.
The report of the commissioners appointed by the General Court in October, 1651, was returned on the thirtieth of Septem- ber, 1653, in the following terms :
Mr. Samuel Winslow, Mr. Thomas Bradbury and Mr. Robert Pike, being chosen by the General Conrt to lay out the west line of Hampton bounds, upon their best information have concluded that their west line shall run from the extent of the line formerly agreed on, to come within two miles of Exeter meeting-house upon a direct line to that part of Ass brook where the highway
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goes over, and from thence upon a direct line so as to leave Exeter falls at the town bridge, a mile and a half due north of the same, and from thence upon a west and by north line as far as the utmost extent of Salisbury bounds that way.
THE DOVER BOUND OF 1653.
While the questions with Hampton were pending, Dover, on the twentieth of October, 1652, petitioned the General Court to have " their limits confirmed to them ;" and thereupon, and on the said petition of Exeter, the General Court, on the twenty-sixth of October, of the same year, appointed William Payne, Samuel Winslow and Matthew Boyes, or the major part of them, to lay out the bounds between the two townships, and certify the court and the towns what they should determine.
Their report bore date March 9, 1653, and was in these words :
We have determined and agreed that the line formerly laid out shall stand, they taking a point from the middle of the bridge on the first fall on Lamprey river, and so to run six miles west and by north, but the land betwixt the line and the river shall belong to Exeter, they not having liberty to set up any mill except the right specified on the first fall, but the timber betwixt the line and the river shall belong to Dover in such time as they shall see meet to make use of the same to their best advantage ; provided that both the towns shall have full liberty to make use of the river upon all occasions [as ?] before. Exeter hath liberty to make use of all the timber half a mile between the line and Lamprey river towards the bridge, and one mile between the line and the said river towards the second fall, and for these Mr. Edward Hilton is to have belonging to his mill all the timber within compass of one mile and a half square, if it be to be had betwixt the line and the river Lamprey.
WILLIAM PAYNE, SAMUEL WINSLOW, MATTHEW BOYES.
Such remained the dividing line, in substance, between Dover and Exeter for the next fourteen years. In 1657 representatives of the two towns, Valentine Hill, John Bickford, Sr. and William Furber for the former, and Edward Hilton and John Gilman for the latter, " settled the bounds " by marking the line ; and agreed
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upon the enjoyment that each should have, of the border land. Nothing further was done so far as is known, till Exeter asked for the enlargement of her territory in 1667.
CAPTAIN THOMAS WIGGIN'S DEED OF GIFT.
In the order of time the next change of bounds of Exeter was occasioned by the gift to the town by Thomas Wiggin in or before 1656, of a tract of land one mile in breadth, from the southern end of the Squamscot patent. The occasion of this gift is now unknown. Wiggin is described in connection with it, as agent of the proprietors of the southern division of the patent, so that the aet may have been performed in their behalf. Or, as Wiggin was apparently dilatory in paying to Exeter his minister's tax, it is possible that the gift had some relation to that. The land was bounded as follows : beginning at the falls of the Squamscot, thence running northerly by the salt river to the mouth of Wheel- wright's creek ; thence southeasterly to the line of Hampton ; thence by the line of Hampton and of Exeter to the bound begun at. The town of Exeter, in order that there might be no uncer- tainty about the title or jurisdiction of their new acquisition, on the twenty-eighth of April, 1656, ordered that a petition be pre- sented to the next General Court that Captain Wiggin's deed of gift to the town, of land and meadow, might be confirmed to them ; and that Mr. Bartholomew of Ipswich be employed to present the petition. It happened by a fortunate coincidence that Mr. Bartholomew was a member of the committee appointed by the General Court to make partition among the several proprietors of the Squamscot patent, of which the land in question was a part ; and in the return of the committee, May 22, 1656, the gift was recited and confirmed.
On the thirtieth of March, 1668, the town deputed John Gilman, John Folsom, Sr., Jonathan Thing, Ralph Hall and John Warren, to lay out the line between the Shrewsbury (division of the Squamscot) patent then held by Richard Seammon and the terri- tory of Exeter adjoining the same, with the consent of the said Scammon. It appears that Hampton laid some claim to the land given by Captain Wiggin, as above mentioned, for when, on the thirtieth of March, 1670, a portion of it was granted to Edward Gilman, Peter Folsom, John Young, Edward Smith, Thomas Rollins, Jeremy Leavitt, Jonathan Thing, Jr. and John Clark,
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the grantees were required to bind themselves in the sum of ten pounds each to the town, to try the title of their lands with the town of Hampton, if need should require.
ENLARGEMENT OF EXETER BOUNDS.
No further controversy in regard to the extent of the town appears to have arisen until March 15, 1667, when John Gilman was empowered " to petition the General Court for an enlargement of the bounds of the town, and to prosecute the business ; and to procure Captain Hubbard or Josiah Hubbard to assist him if he sees it needful." The petition was duly presented, and on May 15, 1667, the court ordered that Richard Waldron, Robert Pike and Samuel Dalton, as a committee, should view the land desired by the petitioners, and make return at the next session. The report of the committee bore date the eighth of October, 1667, and was in these words :
We whose names are hereunto subscribed being appointed by the honored General Court to view and consider of the bounds of the township of Exeter and to make return to the next session of the court, two of us having taken a survey of the lands about their town and the bounds of other towns adjacent,
We whose names are underwritten do judge that the bounds of the town of Exeter shall extend northward to Lamprey river, and from the first fall in Lamprey river six miles upon a west and by north line adjoining to Dover bounds as they are laid out and confirmed, and then two miles further upon the same point of the compass, that to be their north bounds ; and from the foot of Exeter falls by the present grist-mill a mile and a half due south to Hampton bounds, and from that south point to run upon a west and by north line ten miles into the woods adjoining to Hampton bounds, that to be their south bounds ; and so from the end of that line upon a straight line over the land to meet with the other line on the north that extendeth from Dover bounds, that to be their head line, westward, and Squamscot patent to be their east bounds.
SAMUEL DALTON, RICHARD WALDERNE.
Though I could not by reason of straitness of time make a full view of all the lands above mentioned, yet from what I do
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know of it, together with that information that I have had of those that do well know of the quality of the rest of the land, do judge that the bounds above mentioned may be just and reasonable, and do concur in subscription.
ROBERT PIKE.
The substantial change made by this report was to give to Dover the tract of land south of Lamprey river and between that river and the west and by north line prescribed by the commission of 1653, being an area of some eight or ten square miles, and to add to Exeter a belt of abont two miles in width along the whole western end of the township, making, perhaps, fifteen square miles of territory. The report of the committee was confirmed by the General Court, with the proviso " that all pine trees fit for masts, which are twenty-four inches diameter and upwards, within three foot of the ground, that grow above three miles from the meeting- house where it now stands, in any place within the bounds of said town (Exeter), are hereby reserved for the public ; and if any person or persons shall presume to fell down any such pine tree fit for masts, he or they shall forfeit ten pounds for every tree ; the one-half to the informer, and the other half to the public treasury of the country."
It remained only to mark upon the ground the lines thus described, and the town on the twenty-ninth of March, 1668, chose John Gilman, Jonathan Thing, John Folsom, Sr. and Moses Gilman to run the line between the two meeting-houses of Hampton and Exeter; Jonathan Thing, Robert Smart, Ralph Hall, John Folsom, Sr. and Nicholas Listen to run the line between Dover and Exeter ; and John Folsom, Sr., John Folsom, Jr., Jonathan Thing, William Moore and Moses Gilman to run the west and by north line between Hampton and Exeter.
For some cause a good deal of delay occurred in performing the work, and on the twenty-second of February, 1670-1, the town added to the last committee Ralph Hall, Nicholas Listen and John Gilman, who were empowered to run the line between Hampton and Exeter " according to the court order, that is, to begin at the bound tree at Ass brook and so upon a direct line so as to leave Exeter falls a mile and a half due north of the same, and from thence upon a west and by north line to the extent of ten miles ; and what these men or a major part of them shall do, shall stand in as good force as if the whole town were present."
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HISTORY OF EXETER.
But the work went on at a snail's pace, if it went on at all. The duty was perhaps not an agreeable one, and the committee were reluctant to act, and on the tenth of July, 1671, the town took up the subject anew. Philip Cartee, Christian Dolloff and John Folsom, Sr. were chosen " to make an end of measuring" the line between Hampton and Exeter ; Nicholas Smith, John Bean, John Young and John Folsom, Sr. were designated to run the line between Exeter falls and Lamprey river falls. "If any of these men refuse to go, he is to pay ten shillings." John Gilman, Jonathan Thing, William Moore, Ralph Hall, Moses Gilman, Nicholas Listen, Samuel Leavitt, Peter Folsom, Robert Smart and John Folsom, Sr. were chosen to run the line between Dover and Exeter, with power to a major part of them to determine the same.
But the end was not yet. On the twenty-ninth of April, 1672, the town gave to Samuel Dudley, Ralph Hall and John Gilman, "full power to agree with Hampton men about all differences that may be between the inhabitants of Hampton and Exeter concern- ing lands." Under this authority it is probable that the long pending questions of town lines were finally adjusted, and to the substantial satisfaction of the parties concerned.
It took a little longer to put a quietus on the difference with the people of Dover. On the twenty-fifth of March, 1672, the select- men of that town and the selectmen of Exeter agreed, in behalf of their respective towns, to refer "the difference between them about Lamprey [river point]" to the arbitrament of Robert Pike, Samuel Dalton and John Wincol. This probably related to the gore of land northierly of Lamprey river and between the first fall thereon and the Great Bay, claimed by Exeter, and still retained by New - market as successor to Exeter. The report of the arbitrators has not been found, but there can be little doubt that it sustained the claim of Exeter.
No question of boundary appears to have arisen again between the towns until 1679, when on March 11 the town resolved that "in answer to Major Waldron's request of some of our town to come and meet with some of their town (Dover) in reference to the running of the line between us, and for a final agreement of the same, it is agreed by the town that they will not any otherwise run the line or agree with the town of Dover, but as the line is already run by the town of Exeter." A rebuff so pointed as this seems to have silenced the worthy Major, for nothing further is
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heard of the subject for a long period. At length, on the six- teenth of January, 1710-11, the town of Exeter took final action upon it by appointing Nicholas Gilman, Jonathan Wadleigh and Jonathan Thing, a committee "to procure the settlement of the line between Dover and Exeter out of any office, and to new run the line if occasion be."
As this boundary line was settled in 1667 so it has substantially remained to this day. If it has been the subject of later conten- tion, the original parties have long ceased to be interested in it, for the northern section of Exeter became Newmarket in 1727, and the southern section of Dover became Durham in 1738.
SQUAMSCOT PATENT UNDER EXETER GOVERNMENT.
The Squamscot patent, situated mostly on the eastern side of the Squamscot river and Great Bay, was, in 1656, divided under the authority of Massachusetts into three shares. With the first (northern) division, Exeter history has nothing to do. The second (middle) division was assigned to Thomas Wiggin and his partners. The third (southern) division was awarded to a company known, from the place of their residence in England, as " the Shrewsbury men." Of this company Wiggin was then the agent, and from the southern part of this division he gave a strip of land a mile in width to the town of Exeter. The second and the third division thus curtailed compose substantially the present town of Stratham.
Wiggin had been living at Sandy point near the northern ex- tremity of the middle division, probably from the very foundation of the Exeter settlement. His name occurs frequently in the Exeter records, as if he were regarded in the light of an inhabi- tant. It is evident that he was rated in the town for the support of the ministry, though he was somewhat dilatory in payment. Possibly he may have thought that the Exeter assessments were onerous, and that he would fare better if assigned to another place. However, on the sixth of May, 1657, the Massachusetts General Court, in an order which recited that " his land and property had not as yet been brought within the limits of any town, nor been liable to pay taxes and assessments as others of our honored mag- istrates have done," required that "his dwelling house, with all the lands and proprieties thereto appertaining, shall belong to the town of Hampton, and by the selectmen of the said town to be assessed in all rates according to law, any law or usage to the contrary notwithstanding."
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HISTORY OF EXETER.
Thereafter, not only Wiggin's estate, but presumably all the taxable estates in that portion of the Squamscot patent, were assessed in Hampton until November 28, 1692, when it was ordered by the president and council of the province of New Hampshire that "the inhabitants of Squamscot, within this province, begin- ning from Mr. Thomas Wiggin's at Sandy point and upwards, shall be rated by the selectmen of Exeter to all public assessments ; also that they be under the command of the militia of Exeter until further orders."
This enactment continued in force for more than twenty-three years. Its effect was to unite the inhabitants of the two contigu- ous precincts under the same town government. The citizens of each were vested with the same rights, and subject to the same liabilities. They all took part in town meetings and were equally eligible to town offices. A fair proportion of the municipal officers were selected from each territory. But as the population of Squamscot patent increased, the desire naturally grew up among the inhabitants to be incorporated into a town by themselves. Their remoteness from church and school, to which they had to contribute their share of the cost, was an unanswerable argument in favor of their wish, and after some disagreement among them- selves on the subject, they were incorporated with town privileges under the name of Stratham by a charter dated March 20, 1716. This, of course, terminated their connection with Exeter.
TOWNSHIPS CARVED FROM EXETER TERRITORY.
Since that time Exeter has lost about three-fourths of its area by new townships successively set off from it. The history of the several earlier partitions will be found in the ecclesiastical portion of this work, as the towns were originally detached in the form of parishes.
Newmarket was taken from Exeter December 15, 1727. South Newmarket was set off from Newmarket June 27, 1849.
Epping was taken from Exeter February 23, 1741.
Brentwood was taken from Exeter June 26, 1742; Poplin was severed from Brentwood June 22, 1764, and its name was changed to Fremont July 8, 1854.
Exeter now contains a little short of seventeen square miles of land, not a twentieth part of the quantity which the deed of the Indian sagamores purported to grant.
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HISTORY OF EXETER.
HIGHWAYS, THEIR LOCATION, LAYING OUT AND REPAIRS.
It would be interesting, if it were practicable, to trace the origin and history of the various roads in and about Exeter. But for the first century most of them were opened without any public author- ity that can now be discovered, and many were as unceremoniously discontinued when they ceased to be needed. Only the fittest survived.
The river was the first great highway, so far as it would serve as such. Each dweller on its banks had his canoe, and boats of burden were abundant. Every road terminated or connected with its landings. Where there was no water way, but there was frequent need of communication, as with the neighboring village of Hampton, a land way had to be provided. But as the travel for several generations was chiefly on horseback, the roads were little more than bridle paths. They are referred to as such in the earlier records, as " the path towards Hampton," "the Salisbury path," and the like.
In the opposite direction wider thoroughfares were needed for the convenience of hauling Inmber to the landing places on the river. We find early mention, for example, of "the mast-way," leading in the direction of Epping, a chief use of which was indicated by its name ; and there is no doubt that wood-paths, passable by sleds and wheels, were rudely constructed to the northern and western sections of the township. The great im- portance and valne of the lumber business demanded them.
The need of maintaining suitable roads in the town was fully recognized from the beginning. A vote of February 1, 1640-1, referred to a former order (not preserved) that highways were to be at least three poles in width ; and required that since they had become narrowed in various places, they should be rectified and made of full breadth betwixt that time and the middle of April, 1642.
On June 17, 1644, it was agreed at a town meeting that four days should be set apart to mend the highways, "to begin on the fourth day of the week come a sevennight ;" that the inhabitants should be at their labors at six and leave at twelve, then rest till two, and work till six o'clock ; and such as might be absent should be fined five shillings for every day ; and they that had teams should work them, upon the penalty of twenty shillings for every day's neglect, until the four days should be expired. When the scarcity and relatively greater value of money at that period are
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HISTORY OF EXETER.
considered, the penalty for non-appearance which the people im- posed upon themselves, seems enormous, and shows the sacrifices they were willing to undergo in order to provide their town with suitable thoroughfares.
The earliest record of the appointment of officers to superintend the highways is dated November 24, 1650. Abraham Drake and John Legat were chosen to view the highway, and to give Henry Roby liberty to enlarge his garden out of it, but to restore the highway to its usual breadth out of his lot ; and so Edward Gilman and others, provided that the highways be not made worse than they then were.
On the first of September, 1651, Edward Gilman was chosen surveyor of the highways for the year, " to call forth laborers for the work and give directions." In 1652, April 20, James Wall, John Legat and Thomas King were appointed to view the high- ways, to see that they were not reduced in width, and were author- ized to pull up fences that encroached on them, or that stopped up any common places of access to the river side.
At a town meeting January 21, 1660-1, Thomas King and John Warren were appointed to call upon Hampton for laying out of a county way between Exeter and Hampton.
At the time of the election of selectmen in 1660, their powers were very fully defined, but they were forbidden, among other things, to lay out new highways. In 1664, October 10, the town gave authority to Thomas King, John Folson, Sr. and John Rob- inson to lay out highways where they should judge convenient.
On the third of April, 1671, Moses Gilman and Samnel Leavitt were elected surveyors of the highways, and it was ordered that whoever of the inhabitants should fail to come into the highways to work at such time as they should appoint, should forfeit five shillings for every day's neglect, to be distrained upon by the constable forthwith.
It was ordered by the town August 30, 1671, that there should be sufficient room for " a loaden cart to pass in all highways, and whosoever shall block up the highways so as a cart cannot con- veniently pass, or what timber shall be dangerous, shall be forfeited to the town, and the constable forthwith to take it away by distress." There seems a little confusion of ideas in the order ; it could hardly have been intended that the person blocking the highways should be forfeited to the town and taken by distress.
In 1675 a surveyor of highways for each side of the river was chosen, and for several years that method was annually pursued.
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HISTORY OF EXETER.
BRIDGES.
The earliest mention of a bridge in the records of the town is upon May 19, 1644, when it was determined that the townsmen should procure a bridge over Lamprey river. This was while that river was understood by the inhabitants to be wholly within the limits of Exeter. Before the resolution was carried into effect, however, the town became apprised of the claim of Dover that Lamprey river had been authoritatively fixed upon as the general boundary between that township and Exeter ; and then the inhab- itants of the latter ordered, January 27, 1644-5, that Anthony Stanyan and James Wall should go to Lamprey river to meet with " the men of Dover to consult, conclude and bargain with them concerning the making of a bridge over the said river." If Dover were to have the land to the river, then it was just that she should pay her share for bridging it. In 1647 both towns were fined for neglect to keep a bridge there, Dover five pounds, but Exeter only thirty shillings. It is not known whether the court assumed to adapt the penalties to their respective degrees of de- linquency.
In all probability the first bridge erected in the town was that across the fresh river, just above the falls, where the "great bridge" now is. That was most immediately necessary to accom- modate the residents on either side of the river, and for the com- munication between Exeter and Hampton, which was not inconsid- erable. At first the bridge was only suitable for passengers on foot or on horseback, and it was not until it had become a part of the " county way," that it was widened sufficiently to accom- modate carts. In 1675, the County Court ordered that the town of Exeter should make "their 'boom' six foot wide within the rail, and raise it on both sides sufficiently ; to be finished by the next Hampton Court upon the penalty of ten pounds." It is rather mortifying to add that the required improvements were not made, and the penalty was incurred. The court, however, was lenient, and allowed further time, being well aware that such public exactions were heavy burdens upon the struggling frontier settle- ments.
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