USA > New Hampshire > Strafford County > Rochester > History of the town of Rochester, New Hampshire, from 1722 to 1890, Vol. II > Part 4
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Ist That the Proprietors of every share (except Parsonage School and furst Ministers) build a dwelling house within three years and settle a family therein and break up Three Acres of Ground and Plant or sow the same within four years and pay his or their Proportion of the Town charges when and so often as occasion shall require the same.
2d That a Meeting house be built for the Publick worship of God within the s'd term of four years.
And if any Proprietors shall make default in complying with the conditions of this Charter on his part such Delinquent shall forfeit his Share to the other Pro- prietors which shall be Disposed of by a major vote at the then next legal Proprie- tors Meeting. But in Case of an Indian-war within the four years then the s'd Grantees shall have the same space of four years for performance of the above conditions after such impediment of settling is removed Rendering and Paying for the same to US OUR heirs and successors the annual quit-rent of one pound of turpentine in the said Town if lawfully demanded on the first day of July yearly and every year forever. Reserving also unto US OUR HEIRS and successors all Mast trees growing on the s'd Tract of land according to the Acts of Parliament in that Case made and Provided AND for the better order rule and Government of the s'd Town of Rochester WE DO BY THESE PRESENTS for OUR selves OUR heirs and successors grant unto the s'd Grantees to appoint and hold Town and Proprietors Meetings from time to time as occasion requires and to chuse all officers that are proper for the management of Town and Proprietary affairs with all the powers privileges & authoritys which any other Town within this Province hath enjoy'd doth enjoy or ought to enjoy according to the laws customs & usages thereof. IN TESTIMONY whereof WE have caused the seal of OUR said Pro- vince to be herennto affix'd WITNESS Samuel Shute Esqr : OUR Cap't General and Governor in Chief in and over OUR s'd Province at Portsmo : the tenth day of May in the eighth year of OUR REIGN annoq Domini 1722
SAMLI SHUTE.
By order of His Excellency Ye Govr : with the advice
of the Council.
RICHARD WALDRON Cler : Cou.
The term "quitrent" used in the charter was applied to certain kinds of rent, because the tenants thereby went quit and free of all other services. The word came to be generally used to designate a small or merely nominal rent reserved. The pitch pines which abounded in Rochester might well have suggested turpentine as the most proper form of quitrent. In the Londonderry charter the annual quitrent was "one Peck of Potatoes," and, as we have seen, the settlers of that town first introduced the culture of the potato. The
38
ROCHESTER.
quitrent for many other towns was "one Ear of Indian Corn." The " Mast trees" mentioned were such pines as were judged suitable for masts to supply the royal navy, and which the English government was at that time expecting the American colonies to furnish. Survey- ors were appointed to mark all such trees with " the broad arrow," and laws with severe penalties were enacted against cutting them.
On the back of the charter is the following : -
A Schedule of the names of the Proprietors of the Town of Rochester with their respective proportions ascertained being Part of the Charter.
First Whole Share Proprietors:
Colo. Richard Waldron
Whole share.
130
Lt Jona Woodman
S Whole share. S
87
Capt Benja Wentworth
Do
69
Jos: Kent Sent
Do
5
L' Colo James Davis
Do
10
John Tompson
Do
66
Captt Sam" Tibbits
Do
33 Wm Leathers
Do
37
L' Jos. Roberts
Do
132 Peter Varaney
Do
29
Captt Timº Gerrish
Do
85
Ephª Tibbits
Do
94
Captt Panl Gerrish
Do
125
Captt John Downing
Do
126
L' Tristram Herd
Do
48
Benja Bickford
Do
101
Captt Thos Tibbits
Do
64
Wm Furber
Do
18
L' John Ham
Do
52
John Dam Sen"
Do
92
Captt Paul Wentworth
Do
61
George Walton
Do
6
Ens: John Waldron
Do
106
John Usher
Do
95
Benja Wentworth
Do
19
John Wille
Do
40
Epha Wentworth
Do
36
James Durgin
Do
58
Gersh™ Wentworth Junr
Do
96
John Doe
Do
78
Capt Stephen Jones
Do
24
Thomas Drew of Bay
Do
68
L' Jos: Jones
Do
76
Jos: Jenks
Do
98
Captt Franes Mathes
Do
32
James Bunker
Do
42
Sher : Benja Gambling
Do
135
John Bickford Sent
Do
15
Captt John Knight
Do
86
Thomas Robburts
Do
3
Ens: Isra1 Hodgsdon
Do
60 Clemt Hughes
Do
44
Dea" Gershm Wentworth
Do
46
Richd Waldron Jun"
Do
105
Thomas Young
Do
53
Parsonage
Do
I21
John Bussey
Do
Use of Gramar School
Do
39
Eli Demerit
Do
1
Gospel Minister
I John Smith
Do
118
Secondly HIalf Share Proprietors.
L' Jos. Beard && Son Phuner
one share to be
Henery Tibbits
one share to be
Equally divided betwixt them.
71
Ens: John Tib- bits Sligo. betwixt them.
John Burnam
Do
67
John Kenny
Thirdly Third Share Proprietors-
Thomas Hanson
John Hanson Nat' Hanson
one share
to be Equally 47 tlivided betwixt them.
John Sias
James Burnam John Sias Junr
one share to be Equally divided betwixt them.
88
Eben' Varney
Do
35
Furst ordained
Do
23
Equally divided 43
Nicho Harford
Do 56
Rob' Burnam
39
INCORPORATION AND CHARTER.
Tobias Hanson
¿
Do
22
Sam1 Egerly John Egerly Jun" Win Wormwood Jos: Daniel
Do 115
Benja Hanson John Hayes Peter Hayes
Do
Ichª Hayes
Sam" Hayes Wm Hayes
Do
91 Thos Wille Wm Jackson John Hall
Do
110
Benja Hayes
Job Clements
James Clements
Do
97 Tho Hall Sam1 Carle Eben' Tuttle
Do
45
John Clements Philip Chesley
Ichª Chesley
Do
102
W'm Twambly Jam' Guppy Sam1 Alley
Do
9
Jona Chesley
Silva Nock
Thos Nock
Do
27
Benja Fost Win Fost Sam Herd
Do
21
Zach: Nock
Richard Hussey
Do
38
Jams Herd
1)o
100
Jos: Rankins
Gershm Downs
Do
26 Jos : Ham John Pearl Eben' Garland
Do
134
Eben" Downs
Sam" Downs
Wm Downs
Do
72 Jabez Garland Tho' Wallingford Sam1 Willey
Do
20
Benja Stanton
Nath" Perkins
Sam" Perkins
Do
120
Do
73
Joshª Perkins
John Rickar
Meturin Rickar
Do
133 Richd Hammock James Hanson Timº Robinson
Do
75
Ephª Rickar Jos. Rickar
Geo. Rekar
Do
41 Sam' Corson John Rawlins John Drew
Do
17
Jerr Rawlings
John Winget
Moses Winget
Do
59 John Cook Benja Pender Josph Stevenson
Do
30
Sam" Winget Valentine Hill
John Nutter
Do
74 Jolın York Jolın Ambler Jno Aston
Do
63
Jams Nutter
James Nute Sam" Nute
Do
77 Jonª Crosby Ens Jos : Chesley Jos : Chesley
Do
100
Thos Tuttle
Dan' Horn WI'm Horn
Do
62 Sam1. Chesley John Williams Salathid Denbow
Do
111
Win Horn Jun"
Richard Pinckham
Solo Pinckham
Do
70 Sam' Perkins Wm Clay John Renolds 16 Job Renolds James Clark Nath Lummas
Do
13
Hatevil Nutter
Edwd Evans
Jos. Evans Benja Evans
Do
89 Jos : Wheeler Dan' Harvey
Do
54
Do
107
Amos Pinckham
John Tricky
Thos Tricky
Do
49 Jos: Daniel Jun Jethro Bickford Moses Davis Junr
112
Jos: Hanson
John Norway Edwd Whthouse Wm Blackstone
Job Hussey
David Watson James Hobs
Thomas Downs
40
ROCHESTER.
Ens: Hatevil Nutter Henry Nutter Eleaz" Coleman Thos Laiton Sen"
Moses Davis
Do
124
John Carter
Do
93
Abrm Clark Lt. Abr. Bennick Elisha Critchet
Do
12
Thos Starbord Jun"
Do
14 John Moe Wilm Ellis Geo : Walton Junr
Do
84
Willm Dam
Do
117
John Macpheadris Nichº Follet John Bucks
Do
55
Sam1 Randal
Do
99
John Conner
Wm Randal
John Bantum Benedict Tar
Do
57
Zach: Small
Do
83
Dan1 Page
John Bickford
Elear Bickford
Do
79
Jos: Bickford
Fourthly Quarter-share Proprietors.
John Twombly
one share to
Morris Fowler
Jos : Twombly
be Equally
John Hoit
Benja Twombly
divided
Thoss Alden
Do 82
Sam1. Twombly Benja Peirer Eleaz" Wier John Connor
Do
28
Gov Shute for a home-lot & five hundd. acers
104
John Hogsdon
Lt Govr Wentworth Ditto
103
James Conner
Sam1 Penhallow a whole share
116
Hugh Conner
Do
4
Geo : Jaffrey
Do
122
Richª. Rooks
Shada Walton
Do
123
John Gray
.
Richd Wibird
Do
137
Thoss Westcot
Do
108
Thos Westbrook
Do
131
James Nock
Archª Macpheadris
Do
128
John Munsey
WVm Jones
Do
31
Jos : Eastice
Sam1 Bray
Do
34
Jams Huckins Sam" Williams John Williams Wm Hill
Do
129
John Laiton back river.
Peter Cook
Thos Starbord
Benja Mason
Capt John Leighton
Nath' Randal
Jos: Small
James Basford
betwixt Them
Benja. Green
Associates Admittd
Marck Hunking
Do
136
Thos Stevens
Abner Thurstin
Thos Packer Do
11
Rochester Schedule being Part of the Charter and Contains one hundd and twenty five whole Shares to be proportioned as herein Express:d amongst the Two hundred and fifty three Proprietors herein Mention'd
Certifie:d pr Richª Waldron Cler : Con.
By a subsequent vote of the Proprietors, Paul Gerrish changed his lot 125 for lot 80 which was called " bad land " by the com- mittee. Joseph Jenkings Jun. who bought lot 124 of Moses Davis and others, was allowed to exchange for lot 2, also called " bad land."
90
CHAPTER IV.
PROPRIETARY HISTORY.
A PUBLIC notice issued by four leading Grantees, called upon the " Proprietors and Commoners " to assemble on the 9th of July, 1722, " at the meeting house in Cochecho to consider, debate, and resolve such matters and things " as were necessary for the perform- ance of the conditions of the charter. Col. Richard Waldron was chosen Moderator, and Paul Gerrish, Town and Proprietors' Clerk.
The first condition of the charter required that within three years the proprietors of every share should build a house and settle a fam- ily therein, and within four years plant or sow three acres of ground. The right of those who failed to comply was forfeited. In order to facilitate the fulfilling of this condition, the following votes were passed : -
" Voted that there be a Committe forthwith Chosen to run the bounds & Lay out the lotts of the sd Town according to the Charter and that they be allowed five shillings Pr day Each for their service
Voted That the s'd Committe Consist of seven persons | vi : | Lt. Colº. James Mathes Captt. Timº Gerrish Captt. Sam" Tebbits Captt. John Knight and Captt. Benja Wentworth who are (after they have Laid out and run the bounds of the sd Town according to the Charter) to survey the land within the sd Town and pitch upon the most commodious part of the sd Town to be laid out in lotts with proper Roads and streets and also a suitable Train-field, and the houses required to be built by the sd Charter shall be Erected on the sd lotts soe to be laid out by the respec- tive owners of the sd lotts, and when the sd Committe shall have Compleated there worck they are hereby Impowered to give Publick Notice to the Common- ers to meet at time and place as they shall appoint to draw their several lott and pay the Committes Charge for the service they have don " -
The Clerk was directed to procure a " book consisting of three quires of paper bound up in parchment at the charge of the com- moners," to keep the records in. The only result of this meeting was this three-quire book bound in parchment, a quaint looking, substantial, but time-worn volume, - still extant as a silent witness to the faithful services of the aforesaid Paul Gerrish, " Proprietor's Clarck."
42
ROCHESTER.
The committee did not survey the lands. Indian hostilities had already broken out, and in less than a month war was declared, in which, as we have seen in a preceding chapter, many of these proprie- tors lost their lives. In anticipation of an Indian war already im- minent, the charter had made provision, if such a war should arise to prevent the settlement of the town, that after the impediment should be removed, four years should be allowed for the fulfillment of the conditions.
Nearly a year and a half after peace was concluded, and about five years after the meeting above recorded, upon petition of eighty-four proprietors, directed to two Justices of the Peace, a meeting was by them called to be held on the 24th of April, 1727, for the purpose of consulting upon the best means to forward the settlement of the town which as yet remained an unbroken wilderness. Paul Gerrish was re- chosen Clerk, and continued to serve in this capacity till his death, in 1744. There were also chosen the first selectmen in the history of the town, - Capt. Francis Mathews, Capt. John Knight, and Paul Gerrish. They were instructed to call upon the committee appointed five years before, and request them to attend to the duty of surveying and laying out the lands according to the vote. So little interest was taken in the affairs of the new plantation that it was five months before the committee reported. They recom- mended a plan of division, which not being acceptable to the pro prietors was voted to be " void and of no effect." In place of this large committee, Capt. Robert Evans was appointed surveyor, with specific instructions how to proceed. One hundred and twenty-five lots, being one lot for each share, containing sixty acres each, were to be laid out in ranges from Salmon Falls river to Barrington line, beginning with land adjacent to Dover. All land not fit for settle- ment was to be passed over. Suitable roads were to be laid out through every range. The rivers were reserved, also twenty acres of land at every fall suitable for a mill. These mill privileges were for many years a source of trouble to the proprietors, and afterwards to the town, as it was found impossible to collect the rents. After making his survey, Capt. Evans was to prepare a plan and go and show the proprietors their respective lots. His wages were fixed at fifteen shillings per day, an instance of the care with which the pro- prietors guarded against difficulty in settling with their servants. It was common for them to fix the price of service whenever they ap-
43
PROPRIETARY HISTORY.
pointed committees or agents. This was necessary in part, on account of the constant depreciation of the colonial bills of credit. At this time three pounds of currency were equal to only one of sterling. The drawing of the lots began at the meeting-house in Cocheco, upon the 13th day of December, and was completed on the following day, at Oyster River, whither the meeting had adjourned. Every proprie- tor was notified to bring or send to this meeting money to pay his proportion of the expenses thus far incurred, - twenty shillings a whole share, parts of shares in proportion, - delinquents to expect to be voted out. One member entered upon the record his " dis- sent " from the last requirement, on the ground of injustice in taxing for the expenses before any account of the same had been exhibited; a point well taken, as the lawyers would say. The Rev. James Pike was chosen to draw the lots. He was not a proprietor, and this, with the fact of his sacred profession, affording the strongest guar- antees of impartiality, may have suggested his selection. This did not, however, prevent some dissatisfaction, for, at the request of ten members, an article was inserted in the call for the next meeting to see whether the proprietors would sustain the drawing or proceed anew. The drawing was confirmed.
This division of home lots comprised all the land between Dover and the Four Rod road which was laid out from Salmon Falls river to Barrington, and is the same road which crosses the common at the lower end of the village.
Another year elapsed before any permanent settlement was made. As in most towns, there is some question as to the claim of being the first settler. This honor has usually been given to Capt. Timothy Roberts of Dover. He was not a proprietor, but bought a quarter of a share of Samuel Twombly of Dover in November, 1728, for which he paid ten pounds. The deed of Twombly to Roberts is the first recorded conveyance of land in Rochester. He moved his family into town, Dec. 26, 1728. The lot drawn by Twombly was a part of number 90 in the first division, nearly opposite the farm below Gonic now owned by Hon. John McDuffce, and here prob- ably Roberts first settled. Tradition says that he settled on the main road at the place now owned by George Varney. He may have lived there, but it was probably at a later date. The mill privilege at Squamanagonic was leased to him for ten years, by the proprietors in 1732, at a yearly rent of a little over seven pounds.
44
ROCHESTER.
Jonathan Ham claims that his great grandfather, Eleazer Ham, moved into town a month or two before Capt. Roberts, but after stopping one night returned to Dover from fear of the Indians, and that he came back to Rochester on the same day with Capt. Roberts. He settled nearly opposite the Roberts place, the cellar being still visi- ble near where George Varney lives, and died there at the age of 58 years. Jonathan Ham has a deed of the place dated in 1729. He says that he had this account from his grandfather, Ephraim Ham, who died in 1817 at the age of 83, and who was the third white child born in Rochester, the other two being his brothers who died of the " throat distemper," and were both buried in one grave. One was not named, the older was Nathaniel.
It is worthy of notice that the names now most common in town are those which frequently recur in the list of proprietors. Among these are Bickford, Edgerly, Evans, Foss, Ham, Hanson, Hayes, Horn, Hurd, Roberts, Tebbets, Varney, Wentworth, and White- house. Although some of the settlers were of the Scotch-Irish immigrants, the town was settled principally by people from Dover where most of the proprietors lived. Yet the proprietors themselves formed no large part of the new settlers. Of the first sixty families, not one fifth part were of actual proprie- tors. To the original grantees the lands were rather a matter of speculation and profit than of occupation and improve- ment. In order to fulfill the condition of the charter requiring owners of every share to settle a family within three years, proprie- tors sometimes gave away a portion of their lands, usually the first division lot, to any one who would settle thereon, and thus secure their right in the lands yet undivided. In some instances the lands were given by the proprietors to their sons who settled them.
After the settlement was once begun, it progressed more rapidly, so that at the end of ten years there were sixty families in town, the names of most of which are ascertained. There would have been one hundred and twenty-five, had all complied with the charter con- ditions. Great indulgence was evidently granted in this respect. The records do not show that a proprietor was deprived of his right for any cause, though sometimes those who failed to pay their pro- portion of the charges were threatened with being voted out.
The lots thus far thrown open to settlement were comparatively small, intended as homesteads whereon the people might be encour-
45
PROPRIETARY HISTORY.
aged to settle. Thus they would be near each other, until they were stronger in number, and would not only enjoy the pleasures of neighborhood, but be less exposed to danger from the enemy.
At a meeting of the Proprietors held in Dover, April 20, 1730 :-
" Voted that there be two hundred & forty acres of Land Laid out to Each Whole Shiar in sd Town as a second Divition - that Captt. Robert Evans Mr James Nute Mr John Trickey Captt. Frances Mathowes & mr John Downing be appointed as a Committe to Lay out the said Land in the Maner following Viz --
1st Each mans Lot or second Divition is to Lay all to geather in one body or Place
2ly To be Laid out in Raninges and the first Raing to begin upon the head of the home Lotts or first Divition
3ly the sd Committe is to Leave such Land as they shall not think fit to settle by or between any of the sd Divition or Rainges as a Common for the use of sd Pro- prietors until their further Order
4ly to Leave for highways & roads were it shall be thot Convenient
5ly to make allowances for Rivers & ponds were any shall happen to be Laid out in any Lott.
6ly that Each of the Committe be allowed ten shillings Pr Day for the time they shall spend in the woods for there service above sd - and to agree with a surveyr & Chainmen to parfict the Laying out of said Land
In the first and second ranges of this division was an extensive level tract to which was given the name " Norway Plain," doubtless from the Norway pines with which it was thickly covered. In accordance with the vote of the proprietors reserving to themselves all mill privileges with a suitable quantity of the adjoining land, two hundred and fifty acres or more of this plain was left common. It was not numbered, as were the other lots, but simply marked on the plan "Mille Comon." The diagram on the following page repre- sents its exact form as copied from the plan of Capt. Robert Evans, the surveyor.
The curved line represents that part of the Cocheco river where the mills are now situated. The Four Rod road, which now crosses the common at the lower end of the village, as originally planned, ran from the brook behind Otis's house, and joined the present road at the fork near Kelley's, but this route was changed for a higher location. The Ten Rod road is the road still called by that name leading to Farmington, which, as originally planned, extended across the river to the Four Rod road, by the west side of the village, but the lower part was never opened. All who would enjoy a view of our beautiful village, as it appeared one hundred and fifty-five years ago, may find it here. A little exercise of imagination to supply the " silent sea of pines," will render the
46
ROCHESTER.
TEN ROD ROAD.
" MILLE
COMON."
FOUR ROD ROAD.
47
PROPRIETARY HISTORY.
picture complete. If the spirit of Capt. Evans were permitted to revisit the scene of his earthly labors, he would find it difficult, even with his trusty compass, to ascertain the precise latitude and longi- tude of " Norway Plain Mille Comon."
A meeting for drawing the lots was held Dec. 14, 1730. At the same time a town treasurer was first chosen. Hitherto the select- men had performed the duties of this office. To receive and pay out the money was not an oncrous task, for the expenses were light, and only small assessments had ever been necessary ; simply sufficient to pay for making surveys and dividing the lands. Now, however, business of greater importance arose, requiring a financial agent. To advance the settlement as rapidly as possible, and thus enhance the value of their lands, it was plainly the interest of the proprietors to furnish the settlers a meeting-house, a minister, and passable roads, that they might attend regularly upon Sabbath worship. Having built a meeting-house in 1731, at a meeting held there on the third of April, 1732, they voted that a minister should be called and set- tled, and appointed a committee for this purpose. They also voted that the Ten Rod road, running across the town by the meeting-house, should be cleared " fitt for man and horse to pass and repass," also the other main roads. An overseer was appointed with authority to hire men to carry on the work. The proprietors having almost absolute power over the settlement had also corresponding responsi- bilities. They must manage all town and ecclesiastical affairs, and supply the funds necessary for this purpose. An act of the Legisla- ture April 1, 1737, took the management of all these affairs out of the hands of the proprietors, and conferred it upon the residents. It gave them the right to impose taxes upon non-residents, and col- leet the same by distraint upon the property, to choose necessary town officers, and to transact all business proper to be transacted by towns.
From the incorporation of the town, the proprietors had held the entire control. Their clerks, selectmen, commissioners, constables, and surveyors were the authorized officers of the town. From this date, however, their political importance rapidly declined. Their chief business, from the beginning, had been to divide the lands among themselves, and to make them as valuable as possible. The bulk of the land had now been divided. They kept up an organiza- tion and held occasional meetings until 1763, but their business was
48
ROCHESTER.
restricted to matters concerning the propriety only, and is mostly without special interest.
Committees who were appointed to collect the mill rents were unsuccessful, and the Proprietors after passing a vote to give to the inhabitants what was already due, in order to build five block houses for protection against the Indians, on May 28, 1744, gave all future rents forever for the support of the ministry, to be equally divided if there should be more than one settled minister. They were thus relieved of what had been a source of continual trouble and annoyance.
At this period, lumber was the principal export of New Hamp- shire, consequently the preservation of timber on the undivided lands had always required much attention. It was found impossible to prevent depredations upon the unsettled lands. Even after the lands were divided, the proprietors found it necessary to associate together to protect their property, and agents to prosecute trespassers were chosen as regularly as selectmen.
October 21, 1751, the Proprietors appointed Walter Brayant, John Bickford, and John Leighton "to Lay out all the Lands . .. above the Second Division." This third division comprised a nar- row strip of land at the head of the present towns of Milton and Farmington. The drawing began Aug. 28, 1753, and was continued on Oct. 1, and completed Aug. 1, 1754. There yet remained many lots called " bad land," large commons near the mill privileges, and various "nooks and gores " scattered through the town. William Allin, Joshua Winget, and John Plumer were chosen Nov. 4, 1760, to divide these lands, and were " allowed Twenty Shillings Each per day Except the Surveyor shall have Thirty shillings." The drawing of this fourth division was made Dec. 20, 1762. The lots were not of uniform size as in the previous divisions, but varied according to the quality of the land. The mill privilege at the Flume, in Milton, was sold at auction to Samuel Ham. From the mill common at East Rochester eight lots were carved out. Those who feel inter- ested to follow the changes of the Norway Plain mill common, as it gradually passed from a wilderness to a village, will notice that in this fourth division it was cut into three lots; still leaving a large tract of land about the falls. The main street here appears for the first time. The diagram on the opposite page shows the manner in which these lots were taken out.
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