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 9
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NATIIL WEARE, RICHID WALDRON, THEODORE ATKINSON .*
Dated at Portsmouth, the 18th May, 1726.
On the 28th June, 1726, Mr. Dummer, agent in London, was instructed by the government of Massachusetts " to take care and answer any complaint" that New-Hampshire might send home against the grant of Penacook, lately made; and he was furnished
Agreed and Voted, That Timothy Johnson, John Osgood and Moses Day, be chosen, appointed and empowered to examine the charges that shall arise in building a block house at the place called Penny Cook, or any other charges that shall arise in the bringing forward the settlement, and to allow, as in their judg- ment shall be just and equal, and also to draw money out of the treasury for the defraying of said charges.
Agreed and Voted, That the sum of one hundred pounds be raised and paid by the settlers into the hands of Benjamin Stevens, Esqr., treasurer for defraying the charges that are past, or that shall necessarily arise in bringing forward the intended settlement, to be paid in to said Benja. Stevens, Esqr., by the first day of March next, in equal proportion.
Enoch Coffin dissented.
Agreed und Voted, That a committee of five persons on oath, three whereof to be a quorum, be chosen out of the number of the intended settlers, to lay out the remaining part of the interval at the place called Penny Cook, that is not yet laid out, so that the whole of the interval already laid out, or to be laid out to the settlers, shall be equal in quantity and quality.
Agreed and Voted, That John Chandler, Henry Rolfe, William White, Rich- ard Hazzen, junr., and John Osgood, be a committee, chosen and empowered to lay ont the interval at the place called Penny Cook, that is not yet laid out, so
* Documents for Chap. III., No. 2 -" Expenses," &c.
6
82
THE PLANTATION OF PENACOOK.
with the necessary papers. And, on the 8th of August, Mr. Henry Newman, agent of New-Hampshire, addressed the fol- lowing letter
To the Right Honorable, the Lords Comm's of Trade and Plantations. MAY IT PLEASE YOUR LORDSIIIPS :
I have just now received Letters from New-Hampshire complaining of the encroachment of the Massachusetts Province, by selling, grant- ing and laying out great quantities of land near the centre of the Province of New-Hampshire, at a place called Penneeook.
I have some time since lodged in the Council Office, to be laid be- fore his Majesty, a Memorial, requesting that the boundaries of these Provinces may be settled, so as to prevent any future disputes be- tween their respective governments, which I presume will be referred to your Lordships ; but as that may require time to be considered, I humbly beg your Lordships would be pleased, in the meanwhile, to interpose your authority for securing his Majesty's interest in the Province of New Hampshire, from any detriment by the grants al- ready made, and for suspending all grants of land on or near the boundaries in dispute, till his Majesty's pleasure therein shall be known.
I am, with the greatest respect, Your Lordship's most obedient, Humble servant,
Middle Temple, 8th August, 1726 .* HENRY NEWMAN.
that the whole of the interval already laid out or to be laid out to the settlers shall be equally divided among them as to quantity and quality.
Agreed, That Jonathan Hubbard be admitted a settler in place of Daniel Davis, who was admitted a settler of Penny Cook by the Honorable General Court's Committee, appointed to admit persons to settle Penny Cook.
Agreed and Voted, That three pence per tail for every rattlesnake's tail, the rattlesnake being killed within the bounds of the township granted at Penny Cook, be paid by the intended settlers ; the money to be paid by the settlers' treasurer, upon sight of the tail.
By the Committee of the General Court - Agreed and Voted, That Mr. Rich- ard Hazzen, junr., be desired to draw a plan of the township of Penny Cook, at the charge of the settlers, to be annexed to the town's book, for the use thereof.
The committee adjusted the accounts of the sum of four hundred pounds they received of the settlers, the balance of which, being forty-nine shillings and five pence, was lodged in the hands of the clerk.
Agreed and Voted, That the settlers petition to the General Court about set- tling on the west side, founded on the report of the committee with the order of Court thereon, allowing their settlement on the west side of the river to be re- corded, which is in the words following :
The committee appointed by the Great and General Court, in their session
* From the original in the Secretary's office.
83
PROPRIETARY RECORDS.
At a meeting held at Ipswich, on the 9th of September, 1726, Ens. John Chandler, John Ayer and William Barker were chosen a committee of the proprietors " to go out and clear a sufficient cart-way to Penny Cook - the nighest and best way they can from Haverhill." Richard Hazzen, also, was one who went " to search out a way from the place where Chester meeting-house stands to Penny Cook, and mark the same." This way was partly cleared during the fall, and, according to tradition, several persons, among whom were Henry Rolfe and Richard Urann, passed the winter of 1726 in the settlement - suffering severely from the cold, and for want of suitable provisions; and that they were relieved by the aid of friendly Indians who still dwelt there.
In January, 1726, (the reader will bear in mind that this is old style - the year then commencing the 25th of March,) the committee of the Court, having taken a bond of five pounds from each of the admitted settlers for their lots, to be paid on demand,
begun and held in November last, to bring forward a settlement and admit one linndred persons therein on a traet of land lying on Merrimack river, at a place there known by the name of Penny Cook, and having given sufficient notice for any persons that were ready and would engage in the settlement, to meet the committee at Haverhill, the first week in February last. The committee at that time and place admitted one hundred persons or grantees into the said traet or grant, giving preference to the petitioners that appeared to us the most suitable therefor. And in May last we proceeded to the place, in order to lay out the whole township, and the lots directed in the order of the General Court, begin- ning at the month of Contooeook river, where that joins Merrimack river, and thenee run a line east seventeen degrees north, three miles, and upon a course west seventeen degrees south, four miles, and so at right angles at the extremes of each of the aforesaid lines, seven miles southerly each, and thenee from the termination of the seven miles which complete the grant, and is according thereto ; and upon view and striet survey of the lands on the east side of Mer- rimaek, we find that there is little or no water, the land near the river extreme mountainous and almost impassable, and very unfit for and incapable of receiv- ing fifty families, as the Court has ordered ; more especially considering that near the centre of the town on the east side of the river Merrimack the Honor- able Samuel Sewall, Esqr., has a farm of five hundred aeres of good land, for- merly granted by this Court, and laid ont to Gov'r Endicott. The committee, therefore, with submission to the Honorable General Court, thought it advisable, and accordingly have laid ont one hundred and three lots of land for settlements on the west side, contiguous to each other, regularly, and in a defensible man- ner, as by the plat of them and of the whole grant, [which is hereby presented,] will appear ; and inasmuch as the generality of the land answers not the grantees'
84
THE PLANTATION OF PENACOOK.
then allowed the settlers to draw their lots, which resulted as stated in the list presented above in the records. The figures represent the house and six acre home lots. Thus -" Enoch Coffin, N. 36, 26," means that Enoch Coffin drew house lot number thirty-six, and home lot - six acres - number twenty- six. All the house and home lots recorded in the list were on the west side of the river. By reference to the map at the close of this chapter - drawn from original plans, and carefully arranged by STEPHEN C. BADGER, Esq. - the primitive house and home lots may be identified, and their exact location deter- mined. The ranges-such as "2d range," "Island range," " 3d range," " Lowest range," &c .- are explained on the map.
1727.
The lots being drawn, the proprietors, at a meeting in An- dover, on the 8th of February, 1726, voted to build a block-
expectation, and five hundred acres laid out as aforesaid, humbly offer that the like number of acres of the unappropriated lands adjacent to the township may be made to the settlers as an equivalent therefor.
All which is humbly submitted.
Signed by order of the Committee, WM. TAILER. In Council, June 15th, 1726. Read and sent down.
In the House of Representatives, June 15th, 1726. Read and ordered, That this report be so far accepted as that the settlers or grantees be and hereby are em- powered and allowed to make their settlements on the western side of the river Merrimack, according as it is proposed in the said report, and projected in and by the said plan ; the former order of Court notwithstanding, and the said committee are directed to proceed accordingly.
Sent up for concurrence.
W.M. DUDLEY, Speak'r.
In Council, June 24th, 1726. Read and concurred.
J. WILLARD, Sec'ry.
Consented to : WM. DUMMER.
A copy from file composed and examined from the original.
By J. WILLARD, Sec'ry.
A true copy. Examined by JOHN WAINWRIGHT, C. Clerk.
Attest : JOIN WAINWRIGHT, C. Clerk.
17727.
PROVINCE OF THE MASSACHUSETTS BAY.
To JOHN WAINWRIGHT, Esq., Clerk to the Committee for bringing forward the settlement at Penny Cook :
At the desire of the admitted settlers of the said town, these are to empower and direct you to set up a notification in the towns of Andover, Bradford and
S5
PROPRIETARY RECORDS.
house, twenty-five feet in breadth and forty feet in length, which should serve the double purpose of a fort and a meeting-house. Then, to meet and defray all expenses as they went along - or, rather, in advance, - they agreed to raise and pay into the hands of their Treasurer, Benjamin Stephens, Esq., the sum of one hundred pounds by the first day of March, in equal proportion ; chose a committee to lay out the remainder of the interval " that is not yet laid out" - including all on the east side, and a portion also on the west side. In the records this is called " The Second Division of Intervale at Penny Cook."* This division was sur- veyed and laid out in May, 1727, by Richard Hazzen, Jr., surveyor, and was accepted by the Court's committee in the following March. The division on the east side comprised
Twenty-four lots on the Mill Brook Interval, first range ;
Twelve lots on the Mill Brook Interval, second range ;
Sixteen lots on the Sugar Ball Plain ;
Twenty-eight lots on the Middle Plain ;
" Which lots were numbered from the upper end down Merri- mack river."
Haverhill, warning them to assemble and convene at the house of John Griffin, in Bradford, inn-holder, on Wednesday, the sixth day of March next, at ten of the clock before noon, then and there to receive the return of the committee of the settlers to lay out a way, &c., from Haverhill to Penny Cook, and to settle accounts with the treasurer, and to take effectual measures to oblige any settlers to pay the arrears of any former grants of money for the bringing forward the settlement, if any such there be, and generally empowering the settlers at said anniversary meeting to come into such good and wholesome rules, votes and orders for the speedy and effectnal settlement of the said town, agreeable to the conditions of the grant thereof from the General Court, as they may then judge proper and necessary : - provided there be two at least of the General Court's committee present at the said meeting, and approving of the votes the settlers shall then pass before they are entered in the town book.
Given under our hands at Boston, the twenty-sixth day of January, Anno Domini 1727.
WM. TAILER, SPEN'R PHIPPS, WM. DUDLEY, JOHN WAINWRIGHT, ELEAZAR TYNG.
[The mecting of the admitted settlers was held at the house of John Griffin, in Bradford, agreeable to notification, March 6, 1727.]
* See Records, Mar. 7, 1727-8, and explanation at the close of this chapter.
86
THE PLANTATION OF PENACOOK.
The division of the Lowest Interval, on the east side, in which the " lots were numbered from the town line up Merrimack river, consisted of thirty-one lots, with a drift-way of three rods wide through the westerly end of the thirty-first lot.
In the same " Second Division" were included seventeen lots on "Rattle-snake Plains," numbered up the river; sixteen lots at "Frogg Ponds," together with lots to several individuals, as appears in the record. No plan being found of the lots in the Second Division, they cannot easily, if at all, be identified. By reference to the annexed list the quantity of lands and their locality, as designated by particular names, may be seen.
The section called " Rattle-snake Plains" included the interval lands from "Farnum's Eddy," so called, to the hills and bluffs which border the river, north-east of West Parish village. The
Agreed and Voted, That Solomon Martin be admitted a settler in the place of Nathaniel Barker's right, who, refusing to pay his proportionable charge, the same was paid by the said Solomon Martin to the treasurer, the 8th of Feb'ry last.
Agreed and Voted, That the sum of twenty-six pounds be allowed and paid out of the settlers' treasury to the persons to whom the same is respectively due, to discharge the account of laying out the second division of interval.
Agreed und Voted, That the sum of one hundred and thirteen pounds seven- teen shillings be allowed and paid out of the treasury to the persons to whom the same is respectively due, for building the block house, making canoes, &c., in full discharge of said accounts.
Agrecd and Voted, That Ebenezer Eastman, Joseph Hall and Abraham Foster be a committee appointed and empowered to amend the new way to Penny Cook from Haverhill, and to fence in all the first division of interval,- the said fence to begin at the corner of John Peabody's house lot next the river, and so to run along the foot of the home lots to Horse Shoe Pond, where a gate is to hang ; then to begin at the corner of David Wood's house-lot by the pond, and thence to the upper end of Walter Nummons' field, along by the hill side, and there hang a gate, or leave a pair of bars, - each proprietor to have liberty to fence in his proportion, or else to pay the committee for doing it,- which fence shall be erected and finished by the last day of May next. The eleven lots in the lowest interval are excepted out of this vote, and any person who neglects to make up his proportion of fence by the aforesaid time, lie shall pay ten shillings per day to the committee who makes it up.
Agreed and Voted, That the committee aforesaid shall set out each settler's proportion of fence by the middle of May next.
Agreed and Voted, That Messrs. Joseph Hall and John Pecker be a com- mittee empowered to agree with a minister to preach at Penny Cook the year ensuing, to begin the service from the fifteenth day of May next. The said committee are directed to act with all prudence, and not assure the gentleman
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PROPRIETARY RECORDS.
hill west of this interval was formerly called Rattle-snake Hill - now more commonly known as Granite Hill. Three pence per tail was offered as a reward by the settlers for every rattle- snake's tail that should be killed within bounds of the township - to be paid " upon sight of the tail."
Richard Hazzen, Jr., who surveyed the "Second Division," was desired by the committee of the General Court " to draw a plan of the Township of Penny Cook, at the charge of the settlers, to be annexed to the Town's Book ;" but no such plan is now to be found. The tradition is, that he drew the plan, but, on account of some misunderstanding about the pay for it, he burnt it up. In a deposition given by Mr. Hazzen, in 1752, he says -" That during the time he was laying out said lots there was constantly near fifty of the Proprietors of said Plan- tation at work, or persons whom they hired, as he understood
more than after the rate of one hundred pounds per annum for his services, and to make report of their proceedings to the settlers.
Agreed and Voted, That the sum of one hundred pounds be forthwith raised on the settlers in equal proportion, and put into the hands of the treasurer for defraying the necessary charges that have already arisen, or which shall hereafter arise for effecting the settlement.
Adjourned to three o'clock, post meridian.
Agreed and Voted, That Ebenezer Stevens, Moses Hazzen, John Coggin and Benjamin Carlton, be, and are hereby empowered, appointed and chosen col- leetors, to demand and receive of the settlers respectively, as soon as may be, all such sum and sums as have been raised on said settlers and not paid by them or any of them, according to the grants for raising the money ; and the said collector or collectors are hereby constituted and appointed attorney or attor- neys respectively, if need be, in the name and behalf and for the use of the set- tlers, to sue for and recover in the law the sum or sums raised on any settler or settlers as aforesaid, who shall neglect to pay the same ; and the said collectors are directed to pay the money they collect unto the treasurer, the charge of col- lection to be paid by the settlers.
Agreed and Voted, That Deacon John Osgood be chosen treasurer, and is hereby empowered to adjust accounts with Benjamin Stevens, Esqr., the former treasurer, and receive of him any money which he has received of any settler or settlers, and not yet paid out.
Agreed and Voted, To pay Deacon Osgood and Capt. Rolfe, out of the treas- ury, twenty shillings for the charge in preferring a petition to the General Court in behalf of settlers.
Agreed and Voted, That the treasurer be empowered and directed to pay to John Wainwright, Esqr., clerk to the committee, according to law, for recording all the votes of this present meeting, npon his certificate of the charge.
SS
THE PLANTATION OF PENACOOK.
from them. Some were building the Meeting House ; some were clearing and fencing in their lots, and others were plowing up their land: and that Ebenezer Eastman, one of the Pro- prietors, worked constantly in said Plantation during the whole time he was there, laying out lands." According to tradition, Ebenezer Eastman's team- six yoke of oxen, with a cart -- was the first that crossed the wilderness from Haverhill to Pena- cook. It was driven by Jacob Shute, who, in order to get safely down Sugar Ball bank, felled a pine tree and chained it, top foremost, to his cart, to stay the motion of it down the precipice."
While the proprietors of Penacook were thus vigorously bring- ing forward their plantation, under the auspices of the Great and General Court of Massachusetts, the government of New-Hamp- shire, on the 20th of May, 1727, made a grant to Jonathan Wiggin and others, of the tract comprised within the following
The consideration of the ferry and mills is referred to the adjournment of this meeting.
Agreed and Voted, That the treasurer be directed to pay to John Wainwright, Esq., for his service and expense in attending at the meeting of the Penny Cook settlers, according to the usual custom.
Agreed and Voted, That the treasurer be directed and empowered to pay Mr. John Sanders fifteen shillings, for his service and expense in attending on the present meeting.
A copy of the Settlers' Discharge to the General Court's Committee for the first four hundred pounds.
Received of John Wainwright, Esgr., clerk to the committee of the General Court, appointed to bring forward the settlement of Penny Cook, March 7th, 1727, the sum of two pounds, nine shillings and five pence, being the balance of an account of four hundred pounds paid by the said settlers of Penny Cook at sundry times to the said committee, which account was adjusted at a meeting of the settlers, held at Andover, the 8th of February, 1726, and the said balance was then lodged in the said Wainwright's hands, as appears by the Penny Cook book.
£2,9,6.
JOHN OSGOOD, Treas'r to ye Settlers.
A truc copy of the original receipt.
Attest : JOIN WAINWRIGHT, C. Clerk.
This meeting is adjourned to Wednesday, the fifteenth of May next, at ten o'clock, to be held at the block honse in Penny Cook.
Attest : JOHN WAINWRIGHT, C. Clerk.
* See further notice of Jacob Shute in Biographical Chapter.
89
PROPRIETARY RECORDS.
bounds, viz. : " Beginning on the south-east side of the town of Chichester, and running nine miles by Chichester and Canter- bury, and carrying that breadth of nine miles from each of the aforesaid towns, south-west, until the full complement of eighty- one square miles are fully made up." This grant, covering the greater part, both of Concord and Pembroke, and a part of Hop- kinton, gave rise to a vexatious controversy between the claim- ants under each grant, which was continued from 1750 till 1762, of which we shall speak in full hereafter.
Robert Bradley, Esq., of Fryeburg, relates that his grand- father, Samuel Ayer, when a young man of eighteen years of age, drove a team of six or ten pairs of oxen from Haverhill to Penacook, with a barrel of pork ; that on reaching Sugar Ball hill, he took off all but the hind team, and let the cart down the hill by fastening to it a pine tree, which was cut down and
At a meeting of the admitted settlers to bring forward the settlement of the township of Penny Cook, began and held at the house of John Griffin, inn- holder, in Bradford, the 6th day of March, Anno Domini 1727, and from thence continued by adjournment to Wednesday, the fifteenth day of May, then next following, at ten of the clock, and held at the block house in Penny Cook - Capt. Henry Rolfe, moderator, being present,
Voted, That Capt. Henry Rolfe, Messrs. Ebenezer Eastman and James Mitel- ell be a committee to agree with some person or persons to build a saw mill at Penny Cook, at some suitable place for a mill, and to oblige the persons who shall build the same to supply the town with good merchantable boards of yellow pine at thirty shillings per thousand, and good merchantable white pine boards at forty shillings per thousand, - or else to saw of each sort to the halves ; the said mill to be ready to go and cut within six months ; and to agree with some person or persons to erect and build a grist mill at Penny Cook, in some place convenient for the same, and to oblige the persons with whom they shall agree, to grind the town's corn of all sorts, well and free from grit, for the usual toll ; said mill to be ready to go and grind within one year from this day, or as much sooner as they can. The said committee are to indent and agree with persons to build said mills upon the conditions following, viz. : That as soon as said mills are built, fifty pounds in bills of credit shall be paid by the community to the builders of the saw mill, and fifty ponnds more to the builders of the grist mill ; and, secondly, to lay out fifty acres of land to the said saw mill, as con- venient as may be, and also fifty aeres more to the said grist mill, to be laid out as convenient as may be. And lastly, that the persons that shall build said mills shall be entitled to the said lands and also the stream or streams upon which the said mills shall stand and be, so long as they are kept in good repair, and the end and design of the town in having said mills built answered. And in case the said committee cannot find persons that will undertake to build the
90
THE PLANTATION OF PENACOOK.
trimmed so that the sharp and stubby limbs dragging behind would retard the motion of the cart. In swimming the oxen across the river to the west side, one ox was drowned, but was immediately dressed for beef. Young Ayer is supposed to be the first person who ploughed a field in Penacook. He started, on his return to Haverhill, at sunrise, and did not arrive there till midnight. It is conceded that Ebenezer Eastman's family was the first that settled in Penacook in 1727.
The proprietors were exact in requiring each one to bear his part of expenses, as they were incurred ; and in case of refusing to do this, the right to a settlement was forfeited. Hence Solo- mon Martin was admitted a settler in place of Nathaniel Barker ; and, subsequently, (1730,) William Whitcher, Nathaniel San- ders, Thomas Coleman and Thomas Wicombe, forfeited their rights, and their lots were taken by Joseph Gerrish, Henry
said mills as aforesaid, then they are desired to proceed and build the said mills at the cost and charge of the community, as soon as may be, not exceeding the time above-mentioned.
Agreed, That the undertakers to build the saw mill and grist mill shall be entitled to said lands of fifty acres to each mill, and the stream or streams, in case the mills are built as aforesaid and providentially consumed, that then not- withstanding, the builder or builders shall be entitled to the stream or streams, or lands.
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