USA > New Hampshire > Rockingham County > Rye > History of the town of Rye, New Hampshire, from its discovery and settlement to December 31, 1903 > Part 4
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Joseph Brown
Jonathan Goss
Sam! Jenness Jun"
Abraham Libbee
Job Brown
Job Jenness
William Seavey
James Hobbs
Job Jenness Jun"
James Lock
Sam1 Huntriss
Joseph Seavey
John Jenness Junr
Stephen Dolbeer
Joseph Rand
Joseph Lock
The petition did not prevail, and Nathan Goss was allowed to take his seat in the congress as a delegate from Rye, elected at a meeting held in Rye. But Rye continued to be a "parish in New Castle," for in 1783 the precept for representatives was similar to that of 1748, for "New Castle and Rye jointly, two to be chosen at a meeting of both towns or parishes jointly at New Castle." When and how the political separation of Rye from Newcastle and the advancement of Rye from the grade of parish to that of town was finally accomplished, the follow- ing extracts show :
Relative to the Representative : class addressed to the General Court, Nov. 9, 1784.
The Petition of the Inhabitants of the Parish of Rye Humbly shews,
That the Parish of Rye when the Constitution took place was annex'd to the Town of Newcastle in Representation which they find to be very incon- venient expensive and injurious to the Town on many accounts There being no bridge renders the passing and repassing from one Town to the other very difficult and at some times almost impracticable Besides under the old Constitution they always had the liberty of sending A Representative and they want but a very few of the Number of Rateable Polls assigned them in the Constitution to enable them to send one, They also conceive thier is a clause provided in the Constitution which will entitle your petitioners to send a Representative without being clas'd with any other Town-
Your petitioners Humbly pray your Honours wou'd take their case into your serious consideration and discontinue the connection between them and the Town of Newcastle that your Petitioners may have the Liberty of sending a Representative by themselves and your Petitioners as in duty Bound will ever pray &c.
Levi Jenness Jonathan Jenness
John Jenness
Levi Goss
George Rand
John Foye
John Foss 4
Isaac Dow
Daniel Masson
RYE CENTER, LOOKING WESTERLY, 1889.
35
THE PARISH OF RYE.
John Garland
Simon Jenness
William Lock
James Perkins
E Benezar Berry
Jonathan Philbrick
Samll Knowls
Nat1 Foss Jun™
Nathaniel foos
Richd Webster
Nathaniel Marden
Samuel Elkins
Benjamin Garland
Nathaniel Jenness
John Vanell
William Marden
Peter Jenness
Joseph Man Jun™
Samuel D. Foss
Joseph Parsons
Joseph Philbrick June
George Randall
David Locke
Richd Brown
Joseph Philbrick
Nathan Goss
Samuel Berry
Nicholas Dolbeer
Timothy Berry
Ebenezar Wallis
Peter Johnson Junr
Joseph Rand
James hobbs
Richª Lock Junr
Joseph Garland
Joseph Rand
Thomas Lang
George Randall
Abraham Libbey
Jonathan Hobbs
Sam1 Morrison
Samuel Jenness
Samll Lebbee
Willm Yeaton
James Goss
Simon Johnson
Nathan Knowls
Joseph Lock
Richd Jenness&1
Isaac Seveay
Elijah Locke Junr
Jonathan Lock Junr
Samuel Wallis Junr
James T. Berry
Eleck Lear
Jeremiah Berry
Peter Johnson
John Seavey
Henry Elkins
John Garland
James Brown
Reuben Moulton
Jonathan Locke
Benjamin Marden Junr
Upon reading and considering the Petition from the towns of New Castle and Rye, Voted in the house of Representatives (the prayer of said petition- ers be granted and that) the town of Rye have the privilege of electing a Representative seperate from the town of New Castle.
The petition which resulted in the emancipation of Rye from the political domination of Newcastle describes itself as being " the petition of the inhabitants of the Parish of Rye," and recites " that the Parish of Rye, when the Constitution took place, was annexed to the Town of Newcastle in Representa- tion," and that " under the old Constitution they always had the privilege of sending a Representative," and wanted that privilege again, without being classed with any other town. The " old Constitution " referred to was the one adopted by the state of New Hampshire in January, 1776, under which the state was governed until the new one became operative in June, 1784; and it was the latter under which " the Parish of Rye " was again " annexed to the Town of New Castle in Rep- resentation." It is in the record of the vote of the house of
RYE CENTER, LOOKING EASTERLY, 1889.
1
37
THE PARISH OF RYE.
representatives on this petition that the first mention of "the Town of Rye" in the state records is to be found. Rye became a wholly separate and independent town in that year, 1785, through the action of the legislature; and after that year no designation of Rye as a parish has been found by me in deeds or wills, although as late as 1792 a committee was appointed by the legislature " to establish and fix the line between said Parish of North Hampton and the Parish of Rye," North Hamp- ton having then been a town fifty years.
III.
Rye Boundaries.
When the Sandy Beach district of Newcastle was by the provincial government constituted the Parish of Rye, the boundary line between the new parish and the adjoining towns seems not to have been definitely settled throughout its entire extent, and this shortly caused embarrassment that called for further legislation. The new parish included not only the tract that had been known as Sandy Beach, but portions of territory from Portsmouth and Greenland, and quite a gener- ous piece of Hampton. The lines marking the limits of Portsmouth and Greenland appear to have been clearly de- fined, the provincial papers presenting no record of disputes between Rye and those towns in regard to boundaries; but in regard to the Rye and Hampton line it was different. That at an earlier date the line between Hampton and Sandy Beach had been settled is shown by the following extracts from the Provincial Records, the first one bearing the date of 20 June, 1701 :
That Hampton Bounds on the North side is to Run beginning at a stake or Marked tree on the Northerly side Joslings* Neck by the sea Side as by agreement doe appeare, And from thence on a streight line to Meet With the end of the ffive Miles due north ffrom Hampton Meeting House not ffar ffrom Winicut River, And ffrom thence Westerly as fformerly Bounded out by the Commitees appointed ffor that end, the date of the Commities Return being 1652 & 1653.
Appointed to Run the lines ffor the Town of New Castle
Mr James Randale James Leach Wm Berry
*Later for more than a century known as Locke's Neck, and now called Straw's Point.
39
RYE BOUNDARIES.
Bounds Report of Committee on Town lines.
The bounds between Ports & Hampton are a small beach tree near Winicut river Marked H on north side R W. 1718 J F having several trees by it that are marked with sundry letters and one 1718 this tree being called : the north tree and is five miles due north from Hampton old Meeting house. We of the Committee did run it and measure it on the 16 day of Sept 1718, and from said tree to run towards the sea side South 67 degrees & 30 minutes East or East 22 degrees & 30 minutes South to a stake that is drove down south fifty degrees West distance 17 rods from Joseph Lockes Corner of his cellar door and on the same course to the sea side at Lockes Point of the Neck [Locke's Neck] And from said North tree on a West point towards Stratham to the house of Abraham Morgan, these to be the settled bounds between Portsmouth & Hampton
Mark Hunking, James Davis, Peter Wear, N Gilman, and others.
The "North Tree" described and definitely located in this report is frequently mentioned in public documents of that period relating to the boundaries of Portsmouth, Greenland, Stratham, Rye, Newcastle, North Hampton, and Hampton, but this report is the only one I have discovered that explains what and where the North Tree was, other than that it was a prominent boundary mark, and a sort of general starting point for boundaries to be measured from, and for boundary reports to refer to. It stood at the extreme northerly point of Hamp- ton, in an angle made by a change of course of the boundary between Hampton and Portsmouth, and was evidently selected, not on account of its size and prominence-the report says it was a small beech tree and had other trees near it-but be- cause it was exactly " five miles due north of Hampton old meeting house." When the North Parish of Hampton was set off, in 1738, instead of Hampton old meeting-house being taken as a starting point for the purpose of fixing its southern boundary, and measuring two miles northward from there, measurement was made from the North Tree three miles to the southward, where a bound mark was set up, and a line run from that bound mark east-southeast to the sea and west-north- west to the Hampton line. The line that in 1718 was run east 22 degrees 30 minutes south from the North Tree to the
40
HISTORY OF RYE.
seaside at Locke's Point of the Neck, that was to be the settled bounds of Portsmouth and Hampton, did not bound Ports- mouth and Hampton throughout its entire length. Newcastle was incorporated in 1693, and Sandy Beach, which with Great Island comprised that town, extended along the shore to the Hampton boundary. The North Tree apparently dis- appeared in time, as possibly did that other surveyor's land- mark of 1718, Joseph Locke's corner of his cellar door, neither of them appearing in any of the State Papers late in the eigh- teenth century.
The Bounds of New Castle Shall begin at Sampsons Point and Run South West until it Come in Sight of the House that was Anthony Libbys where it meets Hampton line from the North Tree to the Sea as it setled by this Committee, and from the Place where it meets Hampton Line abovesaid to Run East to the sea to the Great Pond to a Maple at the side of the Pond that is marked and then over the Pond to the Beach to a Great Round Stone to the Eastward of Ragged Neck, these Lines being Accord- ing to their Charter this East line from Hampton Line by Anthony Libby's House abovesaid to the Bounds between New Castle and Portsmouth and the abovesaid South West Line also as it was Run by the Committe 7br the 17, 1718.
Bounds, North Parish of Hampton.
In Council May 2, 1719, Ordered that there be a Parish in the North part of Hampton.
In council May 29, 1719,
The Committee appointed to ascertain the bounds of the New Parish at the north end of Hampton made their return as follows :
Pro of N Hampsher
We the Subscribers being a Committee appointed by the Governor and Council for to settle and ascertain the bounds & limits of a Parish granted by the Gov. and Council on May 2 1719 within the township of Hampton at the north end of said town (vizt) It shall take its beginning at the North tree betwixt Hampton & Portsmouth and to measure three miles south from said North tree, and there to make a bound Mark, and from thence east Southeast two degrees east down to the sea and from said bound Mark three miles to the south of said North tree aforesaid, West norwest two degrees west as far till they meet Hampton line which runs betwixt said North tree and Stratham line and the above boundaries when so run out as above specified is the bounds of said Parish by us the 26 day of May 1719. Niche Gilman Mark Hunking
Jnº Gilman Shade Walton
Richd Waldron Secy --
41
RYE BOUNDARIES.
The perplexities and inconveniences caused by the lack of a well defined boundary between Hampton and Rye were briefly stated in the following petition, which was dated 12 May, 1729, and signed by Richard Goss, John Knowles, and John Garland, selectmen of Rye :
To his Excellency William Burnet Esq' Capt General & Governor in Chief in & over his Majesties Province of New Hamps in New England & to the Honble Council & the Honble House of Representatives in General Assembly now sitting-The Humble Petition of the Parish of Rye in NewCastle, in the Province of New Hampr
Humbly Sheweth
That whereas this Parish was established by a Special Act of General Assembly Apl 30, 1726, and near one half of the freeholders & other Inhab- itants of the same being Poled off to sd Parish from other towns, a consid- erable number of which did before belong to Hampton Town, & having no line fixed & settled between sd Parish & Hampton, the sd Parish are under ill conveniences respecting their Parish affairs, some moving out & leaving the Burden of Taxes heavier upon the Remnant left, and some others mov -. ing in among us & settling in that part of the Parish that did belong to Hampton, which we are not impowered to Levy Taxes upon, nor to obledge to attend Military exercises, nor to help in Repairing his Majesties High- ways in this Parish nor to assist in managing our other Parish affairs; We labouring under these & many other ill conveniences, humbly prayeth Your Excellency the Honble the Council & and the Honble House of Representa- tives to make choice of a Committee of indifferent Men to fix & settle a Line between us & Hampton Town.
Concerning this petition the lower house of the general assembly took action as follows, which was concurred in by the council :
In the House of Representatives
Voted That the Prayer of the within Petition be so far granted yt a Com- mittee of indifferent p'sons be chosen & goe upon the spot & that a Plot be made and Bro't in to the Assm by sd Committee of the old P'ish of Hamp- ton with a Division of the North Hill part, alsoe of the whole P'rish of Rye, and alsoe of that part that belongs to Portsmouth & Greenland that is Powl'd off to Rye; and make theire Return to the Gen' Assembly next ses- sion for further consideration ; and that the Petitioners pay the charges.
Ybr ye 13th 1729 James Jeffrey CIr Assm.
Capt Joshua Wingate
& Mr John Sanborn
enters their dissent agst above vote
----
42
HISTORY OF RYE.
Xbr the 16, 1729. In the House of Representatives.
Voted That Mr Speaker Wiggins and Majr Paul Gerrish Mr Bartholomew Thing and Nicholas Gillman & Lieut Wm Moore of Stratham or any three of them be a committee for the ends above mentioned, to make Draught and that the old P'ish of Hampton & that part of Hampton called North Hill be alsoe Notified of the time of Running the Lines, and that the Return be made to the Gen1 Assembly ye third day of the sitting of the next sessions of the Assm and all parties then to appear to make their objections (if any they have) why Such return may not be recd.
James Jeffery Clr Assm
At the same session the house passed the following : "Whereas Benja Lampree, Christopher Palmer & Stephen Batchelder ; three men that there is some Dispute about Between Hampton Town & the Town of Rye where they shall be rated, for Ending Sª Dispute Voted, that the said three men be Rated at Rye." But apparently this did not suffice for the ending of said dispute, for in November, 1730, the house on petition of Stephen Batchelder " Voted that the said Stephen Batchelder be hereby dismissed from paying to the Parish of Rye any Rates or taxes."
At the first session of the general assembly in 1730 the boundary committee reported, presenting with their report, and as a part of it, a plan of the proposed boundary line, on which the assembly took action, which was approved by the governor, as follows :
Pro : of New Hampton March Ye 16th 1729-30
Hampshire
We the Subscribers being appoynted by the Government of said province a Commity to Draw a plan of the old parrish of Hampton and the North hill parrish and also of the wholl parrish of ry with those parsons Told off from Portsmouth and Greenland-We considering the Exceeding Difficolty of mesuaring all the afor said parrishes by reson of the Wett traveling and shortness of the time alowd us- We have returned this within plan Drawn by the best information we could posably procure.
Andrew Wiggin William Moore Nicho1 Gilman Barthº Thing
In Hampton old Parish is nine square Mile & one quarter. In that Part set to North hill is thirteen square Mile. In the Parish of wri is five square
43
RYE BOUNDARIES.
Mile lacking 84 acres In the gore is 500 acres & In the Piece near brekfast hill is 300 acres, which being added to wri makes the Paris of wri to be six square miles & 76 acres.
.
Ryem. House
north Tree
Portsmouth
Fre out of Ports
Saint 69 Dequels
Rye out of Hampton
Stratham
-
1
1
meeting Hound.
Leter
1
Falls.
1
1 Harmfulin
Threeling House.
ixtrees Hours
Great Boars Head,
Cedar's
Roumonth.
PLAN OF HAMPTON.
The Plan of Hampton old Town and in it the old claim of North hill and also the Parish of Rye-Southerly of the town meeting house Examined and tryed and nearly agreeing with the original Plans measured from the Meet- ing house Southly to the main river at the clam banks below the falls Rivers mouth and it is just one mile and sixty rods agreeing exactly with the former plan and from the meeting house to the town bridge being one mile and twenty rods, agreeing within twenty rods of the former plan-and from the Meeting house to the outer point of the Grate Bores head the distance is almost two Miles, and from the Meeting house to the Cedars so called which is three trees standing on Sand hills near the Rivers mouth is two Miles and sixty rods. From the Meeting house to Frees house is one half of one mile and 28 rods, the breadth of the Marsh from the upland Southly of Free's to the Main River at the Clam banks is one half of one Mile and twelve rods.
Joseph Inarbo"
-
Pignottice
Parish at the
1
1
44
HISTORY OF RYE.
The Committee appointed to report the Proper boundary between the Parish of Hampton old & Rye, made their Report this day as on file weh pro- duced the following Votes of Gen1 Assembly
In the House of Representatives Upon the hearing the Persons con- cerned in the Rye Petition for a line towards Hampton and upon hearing the Partys of Rye and Hampton and their arguments, both agreeing on the draught Voted that there shall be added to the Parish of Rye by a line beginning at David Smiths lot at Portsm line and to run Westwd as said Smiths lot runs the length of the first North Division in Hampton taking in the said Smiths lot and to run West Ward one quarter of a mile towards Hampton as the lotts called the quarter of a mile lotts run and then to run down to the Sea at the Westerly end of the said quarter of a Mile lotts taking the Jennes and Philbrick's land to the Sea-And the Persons and Estates within these lines to belong to Rye to all intents and purposes. Upon reconsidering the above Vote Voted that this addition be made to the above Vote. Viz: that the estates of Joseph Brown, James Fuller, Joseph Marston and Francis Lock which lye in the first North Division in Hampton do pay to the Parish of Rye all taxes thereon.
The bill defining the Rye and Hampton dividing line was passed by the house September 21, 1730, and was concurred in by the council and assented to by the governor, November 28 of the same year. The tract of land transferred to Rye from Hampton comprised about eighteen hundred acres of good quality, and very valuable on account of its location and fertil- ity, it embracing all the land in Rye lying southerly of Locke's Neck.
Following the defining of their boundary line by the general assembly of 1730 the people of Rye seem to have laid claim to all that belonged to them ; to something more than that, in the opinion of the selectmen of Hampton, as appears from their statement as follows :
Petition Relative to Bounds between Hampton and Rye.
To his Excellency Jonathan Belecher Esq Governour and Commander In Chief in and over His Majeties Province of New Hampshire in New Eng- land to the Honourable the Council and House of representatives in Gen- eral Assembly Convened
The pitition of the select men of Hampton in said Province in behalf of said Town most Humbly sheweth that where as the General Court of this Province in November 1730 Passed the following Vote namely
45
RYE BOUNDARIES.
"That there shall be added to the Parish of Rye by a line beginning att " David Smiths Lott att Portsmouth line and to run West Ward as said " Smiths Lott runs the Length of the first North Division in Hampton take- "ing in the said Smiths Lott : and run West Ward one Quarter of a Mile " as the Lotts-Called the Quarter of a Mile Lotts run towards Hampton " and there to run Down to the Sea att the Westerly End of the said Quarter " of a Mile Lotts takeing in the Jeneses and Philbricks Land to the Sea and " the Parsons (persons) and Estate Within these Lines belong to Rye to all "Intents and purposes and that the Estats of Joseph Brown : James Fuller "Joseph Marston and francis Lock-Do pay to the Parish of Rye all Taxes." Your Petitioners are Humbly of the opinion that the Parish of Rye have Extended their Juresdiction beyond what was the treu an Geniwine Intent and meaning of the above recited Vote-they Presuming to run one Quarter of a Mile Westly from the South Westly end of said smiths Lott with out any regard to the fore recited Lotts called the Quarter of a Mile Lotts & then run Down to the Sea on such a Corse as would take in all the Jannes- ses and Philbricks Land-Lett it Lay where itt will your Pititioners Are Humbly of opinion that there may some Doubts Arise on what should be the meaning of those words in the fore recited Votes taking in the Jennesses and Philbrick ; Land to the Sea and that there is some Ambiguity in them which want An Explanation-without which much Ilconvency will follow the Town of Hampton haveing already as well as Rye rated the same Parsons and boath Demanding their rates of them by means whereof such Parsons Labour under grate Difficultys and grater are Like to Ensue some time in the Month of March Last Benjamin Lamprey Junr of said Hampton was actually Impisoned by Rye Constable because he would not Pay to Rye-the said Lamprey Liveing a Considerable Distance in upon Hampton Second North Division South Westward of the Quarter of a Mile Lotts So Called Your Petitioners are humbly of the opinion that he ought to be rated to Hampton in all rates-and all other Parsons and Lands also being to the the South West Ward of the randg of the Westly Ends of the fore said Quarter of a Mile Lotts from said Smith Lott Down to the Sea Excepting onely that bodey of Land owned by John Jenness and Joseph Philbrick on which and adjoining to where they live-Which bodey of Land Your Peti- tioners Humbly Conseve is what was Intended by the Jennesses and Phil- bricks Land Mentioned in the fore recited Vote-Some of Rye Carrie the Matter so far as to say that If the fore recited Joseph Brown James Fuller Joseph Marston and Francis Locke should Purchesse Estates or any other Ways Come by them in Part of Hampton that itt ought to be rated to Rye and that by the Jenesses and Philbrick is Intend all of that Name and that the Lands belonging to any of that name belongs to Rye the Case being thus Your Petitioners Earnestly Pray Your Excellency and the Honourable Coun- cil and House of Representatives to take this Petition under Consideration
46
HISTORY OF RYE.
and Explain the fore recited Vote and What the line is between Hampton and Rye and order that the Parson who heth had rates unJustly taken from him may have the same restored by them that Did the same and Your Peti- tioners as in Duty bound shall ever Pray
Henry Derbon
Josiah Moulton 1 Selectmen of
Jeremiah Marston
Abraham Drake
Sd Hampton
This petition having been read in the house of representa- tives, August 18, 1737, it was " Voted that the Pet's Serve the Selectmen of Rye with a Coppy of the Petition to Appeare before the Gen1 Ass" on the 3d day of the sitting of the Gen- eral Ass™ at their next sessions-to Shew Cause (if they can) why the Prayer of the Petition may not be granted-And that Daniel ffogg & Benja Lampre Jun' be not rated by Either partys till the affair be ended." At the appointed time the hearing was held and the matter later disposed of, adversely to the alleged extravagant claims of Rye, as the following shows :
November the 15th 1738 In the House of Representatives The within Petitioners and the Delegates of the Parrish of Rye were heard by their Council, and the House having Considered thereof: Voted-that this is an Explanation of the Vote of the General Assembly made the 26th day of 9' 1730 : Describing a line between hampton and Rye vizt: to begin at David Smiths Lott at Portsmouth line and then running westward as Said Smiths lot runs the length of the first North Division in Hampton, takeing in the said Smiths Lott and then running Westward as the Quarter of a Mile Lotts runs towards Hampton to the Westerly End of said Lotts as they are now laid, and thence bounding on the Westerly End of Said Quarter of a Mile Lotts towards the Sea, to the utter most bounds of Said Quarter of a Mile Lotts, and to the Easterly Corner of the second, North Division Lotts, and then to run a Streight line to the Westerly Corner of that body of Land Claimed by John Jennes & Richard Jennes & Joseph Philbrick, Where they now live and so bounding on the Westerly Side of said Jennesses and Phil- brooks Land to the Sea.
James Jeffry Cler Assm
When Sandy Beach was created the Parish of Rye, all the territory belonging to Newcastle lying westerly of the Little Harbor branch of the Piscataqua was not set off to the new parish, certain lands and persons continuing to belong to the
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