USA > New Hampshire > Merrimack County > Concord > The history of Concord : from its first grant in 1725, to the organization of the city government in 1853, with a history of the ancient Penacooks ; the whole interspersed with numerous interesting incidents and anecdotes, down to the present period, 1885 > Part 11
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The present meeting was adjourned to the second Tuesday in September, at ten of the clock in the morning, at the house of Mr. John Griffin, in Bradford.
JOSHUA BAYLEY, Clerk.
A true copy. Examined by
JOHN WAINWRIGHT, C. Clerk.
100
THIE PLANTATION OF PENACOOK.
burying-place." In pursuance of which it is understood that the " Old Burying Ground," as it is called, west of the Biblical Institute, was laid out for that purpose.
John Merrill was agreed with to keep a ferry across Merri- mack river; to " have four pence for a horse, two pence for a man, and four pence for a beast," for the first twenty years - after that, to carry the inhabitants of Penacook " at one penny a man, three pence for a horse, and other beasts at three pence
At a meeting of the General Court's Committee for bringing forward the township of Penny Cook, the 23d of September, 1730 -
Ordered, That the proprietors or grantees of said town be and hereby are noti- fied and warned to assemble at the meeting-house there, on Wednesday, the fourteenth day of October next, at eleven of the clock in the forenoon, then and there to choose a minister for and settling him in the said town ; and upon his acceptance of the choice, to agree upon a time for his ordination ; and cach pro- prietor is hereby more especially notified to prepare the sum of five pounds, ordered by the General Court in the grant of the township, and that they do respectively pay the same to the said committee, who have agreed to assemble and meet for receiving the same, at the house of Mr. Stedman's, taverner, in Cambridge, on Wednesday, the twenty-first of said month, at ten o'clock before noon, as they will avoid the trouble and charge of having their bonds put in suit at the next court ; and the said proprietors are also directed and required, at the said meeting to be held the 14th of October, to pay the whole arrearages of the sum granted by and levied upon them for defraying the necessary charges of said town ; and to consider of and do any other business that may be thought proper for the more speedy settlement of the town.
WM. TAILER, SPENCER PHIPPS, WM. DUDLEY, JOIN WAINWRIGHT, JOHN SANDERS.
(Copy.)
At a legal meeting of the admitted settlers or grantees of Penny Cook, con- vened the 14th of October, 1730, at the meeting-house in said township -
Voted, That Ensign John Chandler shall be moderator for the present meet- ing.
Voted, That Benjamin Rolfe shall be clerk for said meeting.
Voted, By the admitted settlers, that they will have a minister.
Voted, That the Rev. Mr. Timothy Walker shall be the minister of the town.
Voted, That Deacon John Osgood, Mr. John Pecker, Ensign John Chandler, Lieut. Timothy Johnson, Mr. Ebenezer Eastman, Mr. William Barker and Mr. Ebenezer Stevens, be a committee to agree with the Rev. Mr. Timothy Walker upon terms for being our minister.
Voted, That Mr. Timothy Walker shall have one hundred pounds for the year
101
PROPRIETARY RECORDS.
per head." In consideration of this service, he was allowed "twenty acres of land near the ferry," and, in case he fulfilled all the articles of agreement, was " to have said ferry and land forever." This ferry crossed the river south-east of the lower end of Main street -the road running down the hill to the crossing cast of the present road. The old track is still visible. Mr. Merrill's twenty acres of land were laid out on the hill-side west of the crossing, and his house was built at the point where
ensuing, and then rise forty shillings per annum till it comes to one hundred and twenty pounds, and that to be the stated sum annnally for his salary.
Voted, That the aforesaid sums relating to the salary shall be paid in whatever shall be the medium of trade for the time being in this province at silver, seven- teen shillings per onnee.
Voted, That the one hundred pounds formerly voted for the minister, to enable him to build a house, shall be paid in eighteen months time from the date hereof, - provided, and it is to be hereby understood, any thing to the contrary above mentioned notwithstanding, that if Mr. Walker, by extreme old age, shall be disenabled from carrying on the whole work of the ministry, that he shall abate so much of his salary as shall be rational.
Voted, That Deacon John Osgood, Mr. John Pecker, Mr. Benjamin Niccolls and Mr. Ebenezer Eastman be a committee to discourse with Mr. Walker about the time of his ordination, and to appoint the day ; and that the said committee send to such churches as they think proper, to desire them to send their minis- ters and messengers to assist in ordaining Mr. Walker; and the said committee is to appoint suitable entertainment for them whilst here.
Voted, That Mr. Cutting Noyes shall have fifty acres of land in the township of Penny Cook ; ten of which shall be laid out against Mr. Pecker's lot, to be sixteen rods front, and to extend back from the highway till the ten acres be accomplished, and the other forty acres to be laid out in some of the after divis- ions, provided the said Noyes shall do the blacksmith's work for the town for ten years from the date hereof.
Voted, That there be two men chosen to go to the General Court's Committee, to Cambridge, on the twenty-first of this instant October, to pray their forbear- ance with the proprietors relating to the five pounds due from each of the pro- prietors to the province ; and that Mr. Pecker and Ensign Chandler be the com- mittee.
Voted, That Ensign Chandler and Mr. Niccolls be a committee to make up accounts with Mr. Sanders, as he is one of the General Court's Committee, and to give an order to the treasurer to pay what is due to him for his service.
Voted, That this meeting be adjourned to the tenth of November next, at four of the clock in the afternoon, at the meeting-house in Penny Cook.
Attest :
A true copy. Examined by
BENJAMIN ROLFE, Clerk.
JOHN CHANDLER, Moderator.
JOHN WAINWRIGHT, C. Clerk.
102
THIE PLANTATION OF PENACOOK.
the roads now part, at the lower end of Main street, and where the original well still exists, with good water in it.
Fifty acres of land were voted to be given to Mr. Cutting Noyes, " provided he shall do the blacksmith's work of the town for ten years."
1731.
At this period it appears that John Wainwright, Esq., clerk of the committee of the Great and General Court, resigned his office - the last record in his hand being the answer of Rev. Mr. Walker to his call for settlement. Benjamin Rolfe, Esq., then a young man, and a graduate of Harvard College, was chosen " clerk for the settlers and grantees of Penny Cook."
PENNY COOK, October 14th, 1730.
To the Admitted Settlers or Grantees of Penny Cook :
Whereas, formerly, by a committee you have invited me to settle in the minis- try in the said township, upon which invitation I have advised with learned, pions and judicious divines in the ministry, who have jointly advised me to take np with your invitation, provided you vote a sufficient maintenance for me, and you having this day renewed your invitation to me, and done what satisfies me upon the account of salary :- I, therefore, being deeply sensible of the impor- tanee of the charge, and my own insufficiency to discharge the duty of the same, do accept your call, humbly relying upon the all-sufficient grace of God, which alone can enable me suitably to discharge the same,- earnestly desiring your prayers, as well as of all other of God's people, that such plentiful measures of His grace may be afforded to me as may enable me to discharge the duties of so sacred a function to His acceptance and to your edification,- so that both you and I may rejoice together in the day of our Lord Jesus.
Concordat eum originali.
TIMOTHY WALKER.
JOHN WAINWRIGHT, C. Clerk.
1731.
Agreeable to notification given, at a legal meeting of the settlers and grantees of Penny Cook, on Monday, the 29th day of March, 1731 : Henry Rolfe, Esqr., being appointed moderator by the General Court, Benjamin Rolfe was chosen clerk. For assessors were chosen Mr. Nathaniel Abbott, Mr. Jeremiah Stick- ney and Mr. John Chandler, jr. Mr. Stephen Farrington was chosen collector of the rates and taxes levied on the settlers of Penny Cook.
Mr. Samuel Kimball and Mr. Christopher Carlton were chosen collectors of the rates and taxes that shall be levied on the grantees of Penny Cook that are non-residents.
103
PROPRIETARY RECORDS.
The conditions of the original grant of the plantation having been complied with, the proprietors were now anxious to have all the rights and privileges of a town. For this they petitioned the General Court: in answer to which the following order was passed :
Order of the General Court for a Meeting of the Settlers and Grantees of Penacook, 1731, March 29th
At a Great and General Court or Assembly for His Majesty's Prov- ince of the Massachusetts Bay, in New England, begun and held at Boston, upon Wednesday, the tenth of February, 1730 - being Convened by Ilis Majesty's Writs-
Saturday, March 6th, 1730.
A Petition of the Proprietors of Pennicook, Setting forth that they have paid into the Hands of the Committee of the General Court the Consideration money for their Lots there ; that they have been at very great Charge for building a Meeting House and setling a Minister, making Highways, &c., and that they are like to meet with difficulty in gathering the money they have thus laid out; And therefore praying that they may be made a Township, and have the Priviledges of other Towns within this Province; and that the Court would order that One hundred Pounds, or more, of the money they have paid in as aforesaid may be reimbursed them for the Extraor- dinary Charges they have been at.
Mr. Joseph Eastman was chosen constable.
For fence-viewers, were chosen Deacon John Merrill, Mr. Ephraim Farnum and Mr. David Barker.
Toted, That the hogs may go at large.
For hogreves were chosen Ebenezer Virgin and Edward Abbott.
Voted, That Abraham Bradley, Mr. Ebenezer Eastman and William Barker, jr., be a committee to mend the highways in Penny Cook at the grantees' cost.
Toted, That Ensign Chandler, Henry Rolfe, Esq., and Mr. Ebenezer East- man, be a committee to lay out another division of land, and to exchange some pieces of land belonging to the grantees with some of the proprietors, where it may be for the community's advantage, and also to measure and proportion the fence of the general field to each of the proprietors in the said field.
For field drivers, were chosen Nathaniel Abbott and Ezekiel Walker.
Voted, That the above-mentioned assessors be a committee to build a pound in Penny Cook at the cost of the community.
Voted, That the fence be made up round the general field by the fifteenth of April next, and all creatures kept out of it after the said day.
Toted, That the general field be broken the fifteenth of October next.
Toted, That Nathaniel Abbott be pound-keeper.
Voted, That two hundred pounds be raised by the grantees for the payment of the minister, and defraying other necessary charges of the town.
104
THIE PLANTATION OF PENACOOK.
In Council-Read and Ordered that this Petition be refer'd to the Session of this Court in May next, and that in the mean time Henry Rolfe, Esq!, give Sufficient Warning, by notifications at Pennycook and Elsewhere, to the Inhabitants and Grantees of the said Tract of Land, to Assemble at their Meeting House on the Last Monday [be- ing the twenty-uinth] of this Instant March, by ten of the Clock in the forenoon ; then and there to chuse a Clerk to enter all their Votes, Elections, Orders and Rules by the Inhabitants made; to chuse Assessors and Collectors of all such Ministerial Rates and Taxes granted and agreed on by the Setlers and Grantees, and any other Rates and Taxes that may be thought necessary for the well being of that Plantation; who are impowred hereby there unto; - all the rates and taxes to be Levied Equally on all the Lotts, Except the Ministry and School Lots, and paid into the hands of the As- sessors ; by them to be disposed of for Defraying the Ministerial and other Charges of the Plantation, as the Setlers shall agree ; to chuse a Constable, Fence Viewers and Hogreves - all to be sworn to their respective Offices by the said Henry Rolfe, hereby appointed Mode- rator of the said Meeting; that the said Henry Rolfe take an Exact Account of what is done in each Lot in fencing, building and Im- proving, and lay the same before this Court at the next May Session .* That the Committee for the Settlement of this Plantation be fully Impowred to Grant a new any Lots the Grantees whereof have not
Voted, That the before-mentioned assessors be a committee to clear the minis- ter's and ministry's six acre lot, at the charge of the community.
Voted, That this meeting be adjourned to four o'clock in the afternoon on Wednesday, the 31st of this instant March, to the meeting-house in Penny
Attest : BENJA. ROLFE, Clerk. Cook.
A true copy. Examined by BENJAMIN ROLFE, Clerk.
At a legal meeting of the settlers and grantees of Penny Cook by adjourn- ment, on Wednesday, the 31st of March, 1731 - Henry Rolfe, Esq., moderator, l'oted, That ten pounds be levied on the grantees for to be laid out for the instructing of the children in reading, &c.
Voted, That the school shall be kept in two of the most convenient parts of the township.
Voted, That Mr. Ebenezer Eastman and Mr. Timothy Clement be a commit- tee to lease out the six acre lot belonging to the school to David Barker for the term of four years from the date hereof.
Voted, That Mr. Timothy Clement be surveyor for the grantees.
Voted, That this meeting be adjourned to the thirteenth day of May next, to ten of the clock in the forenoon, and it was adjourned accordingly by the mod- erator.
Attest : BENJAMIN ROLFE, Clerk.
A true copy.
Examined by
BENJAMIN ROLFE, Clerk.
* See Addenda to this Chapter -" State of Plantation," &c.
105
PROPRIETARY RECORDS.
complied, nor shall comply by the first of June next, with the Terms of their Grants and the Orders of this Court, to such other persons as shall speedily and effectually fulfil the Conditions of their re- spective Grants; and that the said Henry Rolfe do notify all the Settlers and Grantees of this Order for Impowering the Committee, and that the said Plantation be and hereby is declared to lye in the County of Essex.
In the House of Representatives -Read and Concurred, with the Amendment.
In Council- Read and Coneurred.
Consented to -
A true Copy as of Record -
J. BELCHIER. A. OLIVER, Sec'y.
In pursuance of the foregoing order a "Legal Meeting" of the proprietors was held on the 29th of March, 1731, at which Henry Rolfe, Esq., acted as moderator, by appointment of the General Court, and, as the record shows, all necessary officers appointed. At this meeting the names of Mr. Jeremiah Stickney and Mr. Stephen Farrington appear in the proprietors' records -
At a legal meeting of the settlers and grantees of Penny Cook, by adjourn- ment, on Thursday, the 13th day of May, 1731 - Henry Rolfe, Esq., being ap- pointed moderator by the General Court -
Voted, That there be a committee chosen to examine and adjust the accounts with the treasurer and collectors, and all other persons that have any accounts with or against the settlers of Penny Cook.
Voted, That Henry Rolfe, Esq., Ensign Chandler and Mr. Jeremiah Stickney be the committee to examine and adjust the accounts with the persons aforesaid.
Voted, That the committee for examining and adjusting the accounts, when they have examined and adjusted them, shall give order to the treasurer for the payment of what is due to the several persons with whom they account.
Voted, That the account which the committee allowed Mr. Eastman for pro- viding for the ordination, be accepted, and that the sum of thirty-one pounds, ten shillings, be paid to the said Ebenezer Eastman by the treasurer, in discharge of the said account.
Voted, That this meeting be adjourned to the twenty-first day of October next, at one of the clock in the afternoon.
A true copy.
Attest : Examined by
BENJA. ROLFE, Clerk. BENJA. ROLFE, Clerk.
At a legal meeting of the settlers and grantees of Penny Cook, by adjourn- ment, on Thursday, the twenty-first day of October, 1731 - Henry Rolfe, Esq., being appointed moderator by the General Court -
Voted, That the four pounds which John Wainwright, Esq., and Mr. John Sanders gave order to the treasurer of Penny Cook to pay to Mr. Ebenezer Eastman for their expenses, be accepted and paid by the treasurer.
106
THE PLANTATION OF PENACOOK.
the former as one of the assessors, and the latter as " collector of the rates and taxes levied on the settlers at Penny Cook." Both were then young and enterprising men, and became useful and distinguished in the community.
At an adjourned meeting, the 31st of March, the proprietors took the first step toward establishing a School : "Voted that ten pounds be levied on the grantees, for to be laid out for the instructing of the children in reading," &c., and " that the school shall be kept in two of the most convenient parts of the town- ship." Thus commenced our system of free schools, which has been sustained till the present time.
Henry Rolfe, Esq., continued moderator of the proprietors' meetings -held by adjournment - till October, 1731.
1732.
Upon application to Richard Kent, Esq., of Newbury, one of his Majesty's Justices of the Peace for the County of Essex,
Toted, That two hundred pounds be raised by the settlers and grantees, for defraying their necessary charges.
Toted, That there be a committee chosen to settle the bounds of the farm commonly called Sewall's farm.
Voted, That Ensign Chandler, Deacon Osgood, Mr. Nathaniel Abbott, Mr. Jeremiah Stickney and Deacon Farnum be the committee for settling the bonnds of the farm aforesaid.
Voted, That this meeting be adjourned to the twenty-fourth day of Novem- ber next, at two of the clock in the afternoon.
A true copy.
Attest : Examined by
BENJA. ROLFE, Clerk. BENJAMIN ROLFE, Clerk.
1732.
SEAL. ESSEX SS. To Mr. NATHANIEL ABBOTT, of Penny Cook, inthe County of Essex, yeoman :
Whereas application has been made to me, the subscriber, one of His Majesty's justices of the peace for the county aforesaid, by Jeremiah Stickney, Edward Abbott, George Abbott, Nathaniel Abbott and Stephen Farrington, five of the proprietors of Penny Cook, for a warrant for calling a meeting of the pro- prietors of said Penny Cook, for to choose a clerk for said proprietors ; to choose a committee to examine and adjust the account or accounts which any person or persons hath or have against said proprietors, and to give order for the paying of the same ; to choose an attorney or attorneys to prosecute any trespasses that shall be committed on the common or undivided lands belong- ing to said proprietors, by any person or persons that is or are not a proprie-
107
PROPRIETARY RECORDS.
Nathaniel Abbot was authorized to call a meeting of the pro- prietors, to be held at the meeting-house, in Pennycook, Sep- tember 14, 1732-at which meeting it was voted, " That, at
tor or proprietors of the same; to agree upon and order one or more division or divisions of land, and to choose a committee to make the same, and also to agree upon and appoint some ways or method of calling or summoning meetings of said proprietors for the future :
These are therefore to require you, in Ilis Majesty's name, to notify the propri- etors aforesaid, as the law directs, to assemble and meet at the meeting-house in Penny Cook aforesaid. on the fourteenth day of September next, at two of the clock in the afternoon, then and there to choose a clerk, and to pass such votes and orders concerning the premises as they shall think fit.
Dated at Newbury, the tenth day of August, 1732.
RICHARD KENT, Justice of the Peace.
A true copy.
Examined by
BENJAMIN ROLFE, Clerk.
ESSEX SS. By virtue of the within warrant I have notified the proprietors of the within meeting, setting a notification of said meeting at the meeting- house door, in Penny Cook, as the law directs.
T'enny Cook, September 14, 1732.
NATHANIEL ABBOTT.
A true copy. Examined by BENJAMIN ROLFE, Clerk.
Upon due notification as above mentioned, at a legal meeting of the proprie- tors of Penny Cook on the fourteenth day of September, 1732, Mr. Ebenezer Eastman was chosen moderator ; Benjamin Rolfe was chosen clerk for the aforesaid proprietors :
Voted, That Mr. Nathaniel Abbott, Mr. Jeremiah Stickney and Mr. John Chandler be a committee to examine and adjust the accounts which any person hath with or against the proprietors, and to give order for the paving of the same.
Voted, That Mr. Ebenezer Eastman, Mr. Abraham Bradley and Mr. Timo- thy Clement be attorneys for the proprietors of Penny Cook, to prosecute any trespasses that shall be committed on the common land belonging to said pro- prietors by any person or persons that is or are not a proprietor or proprietors of the same.
Toted, That at the request of ten of the proprietors, in writing under their hands, the clerk of said proprietors shall warn a meeting of the proprietors by giving fourteen days' warning of the meeting and the cause thereof.
Voted, That Mr. Ebenezer Eastman, Mr. John Chandler, Mr. Edward Abbott, Mr. Jeremiah Stickney, Mr. Timothy Clement and Benjamin Rolfe, he a com- mittee to lay out a first division of upland to each grantee of Penny Cook, con- sisting of twenty acres in quantity and quality, in one or more pieces, as it shall be thought to be most convenient by the committee, and to make return of their doings thereon to the proprietors at or before the first Tuesday of January next.
108
THE PLANTATION OF PENACOOK.
the request of ten of the proprietors in writing, under their hands," meetings should thereafter be warned by the clerk, " by giving fourteen days' notice, and of the cause thereof."
Voted, That the aforesaid committee for the laying ont of the division of land above mentioned, shall leave land for convenient highways to the land they shall lay out. Attest : BENJAMIN ROLFE, Clerk.
A true copy.
Examined by BENJAMIN ROLFE, Clerk.
To BENJAMIN ROLFE, Proprietors' Clerk for Penny Cook :
We, the subscribers, proprietors of Penny Cook, desire you would warn a meeting of said proprietors, on the third day of October next, at three of the clock in the afternoon, for to consider of what is proper to be done concerning building a mill, and to agree with some man or men to do the same, by grant- ing of him or them such privileges in land, or streams, or money, as shall be thought convenient ; or by agreeing with him or them in any other way that shall be thought best for the proprietors, and also to raise one hundred pounds for the support of the Rev. Mr. Timothy Walker, and to do any other business that shall be proper at said meeting.
Penny Cook, September the 18th, 1732.
NATHANIEL ABBOTT, JOSEPHI EASTMAN, EPHRAIM FARNUM, JEREMIAH STICKNEY, JOHN CHANDLER,
EDWARD ABBOTT,
ABNER HOYT,
RICHARD URANN,
GEORGE ABBOTT,
WILLIAM BARKER.
A true copy. Examined by BENJAMIN ROLFE, Clerk.
The notifications, being contained in the warrant, are omitted.
At a legal meceting of the proprietors of Penny Cook on the tenth day of October, 1732, by adjournment - Mr. Jeremiah Stickney, moderator -
Voted, That Henry Rolfe, Esq., Deacon John Merrill, Mr. Joseph Eastman, Mr. Abraham Bradley, Mr. Edward Abbott, Mr. John Chandler and Mr. Jerc- miah Stickney, be a committee to view any place that shall be proper for build- ing of a mill, and to see upon what terms any man will build the same, and to make report of their doings at the adjournment of this meeting.
Voted, That one hundred pounds be raised for the support of the Rev. Mr. Timothy Walker.
Voted, That this meeting be adjourned to the nineteenth day of October eur- rent, at four of the clock in the afternoon.
Attest : BENJA. ROLFE, Proprietors' Clerk.
A true copy.
Examined by BENJAMIN ROLFE, Clerk.
At a legal meeting of the proprietors of Penny Cook, by adjournment, on the nineteenth day of October, 1732 - Mr. Jeremiah Stickney being moderator -
Voted, That any person that is agreeable, and shall be accepted of by the pro-
109
PROPRIETARY RECORDS.
This year a division of twenty acres of upland was ordered to be made to each grantee, and arrangements made for building a
prictors of Penny Cook, that will build a grist mill on Turkey river, in Penny Cook, for the use of the proprietors, shall have one hundred acres of land con- venient to the mill, and the benefit of the whole stream of said Turkey river from the place where the mill shall be built to the great pond on Turkey river, to him, his heirs, executors, administrators and assigns for ever, and liberty of flowing any swamp that is adjoining to said stream during the term of twenty years, and after the term of twenty years the owner of said stream shall conform himself to the province laws relating to mills, and the damages occasioned thereby, and also forty pounds in money or forty pounds' worth of work, when the builder of said mill shall call for it.
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