USA > New Hampshire > Hillsborough County > Hillsborough > The history of Hillsborough, New Hampshire, 1735-1921, Volume 1 > Part 4
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45
DEED OF KEYES TO BROWN.
acres is bounded out as followeth and is lying in the Township Num- ber Seven in the County of Middlesex it is abutting East on the Town Line and West on the undevided lands it butts North on the farm and south partly on the Lot Number thirty three and partly on a farm and on the lot Number sixty two and on the river it began at a pitch pine tree the south East angle and from thence it runs North fifteen Degrees West Six hundred and twenty two Rods to a Stake and Stones The North East angle and from thence it runs West five Degº and thirty Minits South five hundred and five rods to the Letter D and E on a Beach tree thence it runs South fifteen Degrees six hundred Rods to the Letter F on a Spruce tree the southwest angle and from thence East on a Lot Number 33 one hundred and sixty rods on a farm and from thence it runs North on the head of the Lots Number 61 and 62 eighty eight rods and from thence it runs East ten Degrees North one hundred and eighty rods to the river and on the River to whence it first began be the same more or less To have and to hold.
Dated Nov. 24, 1738.
Witnessed by Samuel Brown, Sophia Thomas. -Middlesex Co. Deeds, Vol. 29, p. 449.
DEED OF KEYES TO BROWN.
Gershom Keyes of Boston, Trader, for £500 conveys to Samuel Brown of Leicester, Worcester County, A certain farm of land con- taining one thousand Acres lying in the township Number Seven in the Line of Towns which Township was granted to Isaac Little Esq. and others of the old Plymouth Colony Said farm lies upon the North side of said Township The Courses and Bounds of Said Farm are as followeth Vizt beginning at North East Corner upon the Line of the North side of said of said Township four hundred fifty one rods from the North Side of Said Township from thence to extend upon the said Township Line S 64° : 30' W two hundred Seventy eight rods from thence S 15° : 00' E Six hundred and twenty rods by undevided land from thence N 84° : 30° E two hundred thirty three rods by undivided land to the West line of a farm called number three from thence N 15° : 00' W two hundred and sixty rods by the said line of the farm Number three to the Northwest Corner of it from thence N 84° : 30' E forty five rods to the southern Corner of this farm now describing and from thence N 15° : 00' W three-hundred and sixty rods by a farm containing one thousand acres to the first mentioned corner To have and to hold
Dated Dec. 20, 1759. Wife Sarah released dower. Witnessed by Joseph Badger, Sophia Thomas.
46
HISTORY OF HILLSBOROUGH.
In 1737, when Messrs. Hill and Keyes were trying to find settlers for their grant then assumed to be in Middlesex County, Province of Massachusetts, a board of fifteen commissioners were appointed by the King to settle the dispute. But it proved easier to select the commission than to get its members together, though finally nine of them met at Salem, Mass., to try and come to an understanding. This was a fitting place for the conference, as the legislature of the rival provinces were at that identical time in session within a few miles of this meeting place : one at Hampton Falls, N. H., and the other at Salisbury, Mass. The represen- tatives of the former province, without seeming to realize the actual rights and prerogatives that belonged to them, offered to arbitrate by fixing the line starting at the Atlantic Ocean three miles north of the mouth of the Merrimack River, and running due west pass through the village of Amesbury, Mass., cross the river a little south of Reed's Ferry, in the town of Merrimack, N. H., keeping on westward so as to run a little north of Monad- nock and south of Keene. The Massachusetts men were still per- sistent in claiming the three mile strip on the east bank of the Merrimack to the Junction of the Pemigewasset and Winnepesau- kee rivers, in what is now the city of Franklin, N. H., and from thence due west to cross the Connecticut River about one and one- half miles below Windsor, Vt.
The commission seems to have been quite reasonable, but Governor Jonathan Belcher, who had jurisdiction over both pro- vinces, was determined to carry out the wishes of Massachusetts. Accordingly, when the matter had been well threshed out, and it was decided to offer both interpretations to the King and Council, with the condition that each legislature of the rival provinces should have six weeks in which to frame any objection it might have against the opposing plan, Governor Belcher, prorogued the New Hampshire Assembly for six weeks, but kept the Massa- chusetts Assembly open. The commission, with a higher sense of justice than Governor Belcher, upon reassembling waited for the New Hampshire court to act if it chose. This aroused intense feelings on the part of the Governor's friends, but it finally was made plain to the King and his advisers that it must be a poor cause which required such doubtful tactics to win. At any rate, the King in Council, on August 5, 1740, adjudged and decreed :
47
THE BOUNDARY DISPUTE.
"That the Northern Boundary of the said Province of the Massachusetts Bay, are, and be, a similar Curve line; Pusuing the course of the Merrimack River at three Miles Distance on the North side thereof, beginning at the Atlantic Ocean & Ending at a Point due North of a place (in a plan returned by s'd Commissioners) called Pawtucket Falls, & a strait line drawn from thence due West cross the sd river till it meet with His Majesties other Governments."
This decision was a great disappointment to Massachusetts, as she lost over thirty townships and parts of townships which had been granted to her people and in many settlements already begun. These inhabitants, as a rule, were her staunch supporters and partisans, and they immediately joined with the mother pro- vince in an effort to have this action revoked. But before any- thing could be accomplished, the Indians renewed hostilities, and another war with France, called "King George's War," or "Go- vernor Shirley's War" broke out. In fact, there was little rest from the strife until the close of the French and Indian War in 1763. By that time the internal disturbances which resulted in the Revolutionary War with the mother country put an end to the controversy for another long period. Thus jolted and jarred by one interference or another, the boundary dispute was not actually settled until within fifty years ago.
In all of this delay, litigation and bitterness of feeling Hills- borough had no part, except so far as it affected the two men who had begun its settlement under a Massachusetts title though the courts eventually decided it was New Hampshire territory. If anticipating this, and realizing that their claim was void or void- able under the new dispensation, the enterprising leaders of the undertaking to establish a town in the wilderness were fully re- solved to hold their domains by having actual settlers within its territory before the dispute was actually settled. So, with a courage that was commendable, they set themselves about the Herculean task.
Something of the vexations and loss of the undertaking is shown in the case of Samuel Brown already having been noted as buying, in 1739, one thousand acres of land of Colonel Hill for five hundred pounds. Later, selling the same to another party
48
HISTORY OF HILLSBOROUGH.
for an advance of fifty pounds, he seems to have brought himself trouble financially, as witness the following :
PETITION OF 'SAMUEL BROWN, 1768.1
To His Exelency Francis Barnard Esqr Captain General & Com- mander in Cheif in & Over his Majesties Province of the Massachu- setts Bay the Honourable the Council and House of Representatives in General Court assembled Jany 1768.
The petition of Samuel Brown of Stockbridge Humbly Sheweth
That Whereas the General Assembly of this Province Some Time before the Year A. D. 1739 Granted to the people of Plymouth a Township of Land Called NO. 7, in the Line of Towns. Since Called by the Name of Hillsburg which Township was Since Sold To Coll. John Hills & Gershom Keyes than of Boston by Said Grantees, & Hills & Keyes afore Sd became Obliged to Do the Duty of Settlement in Sd Township as Injoynd by the General Assembly as the Condi- tion of Sd Grant in pursuance whereof Said Hills & Keyes Soon after built a meeting house & mill or mills in Sd Township & also Gave a Considerable part of Sd Township to a proper Number of persons to go on & settle the Same according the Courts act whereby the whole Duty of Settlement was Securd to be Done & Save the Remain- ing part of Sd Lands of Sd Township free of Charges after which (viz) in the year A. D. 1739, your Petitioner in Consideration of the afore mentioned things Respecting the Settlement of Sd Township being done & also Esteeming the Grant of General Court a Good Title, Your Petitioner Purchased One Thousand Acres of land of Sd Keyes as being free of Duty at the Price of £500 Cash in hand of the than Currancy of the province and soon after Sold the Same for £550, the same Currancy and warranted the Same, but Since that time the line between the Province & New Hampshire being Settled. Sd Township by Sd Line is Taken from this province & included in Newhampshire and although Some part of Sd Township has been Re- leased to Sundry Persons, by the proprietors of Newhampshire. Yet they uterly Refuse to Release any to your petitioner, but hold that Individual Tract of land one Thousand Acres aforementioned from your petitioner although full & proper Application has been made therefor, wherefore your petitioner is Damaged the Vallue of £ 550, as afore sd & now Obliged to pay ye Same with Sink of money & interest to this time & Till it be paid which to this time by the Computation of one of our prinsaple Gentlemen in the Law amounts to the Sum of more than Two thousand pounds old Tennor, where- fore Your Petitioner Humbly Prays Your Exelency & Honnours would be pleased to take your petitioners Case into your wise & Juditious Consideration & Grant to him an Equivalent in Lands in the West-
1N. H. State Papers, Vol. 24, pp. 140-2.
Photograph by MANAHAN.
GLEASON'S FALLS BRIDGE.
49
RECOMPENSE TO SAMUEL BROWN.
ern part of the province or Some other way make up to your peti- tioner his Damages as in your Great wisdom & Goodness Your Exel- ency & honnours Shall think fitt and your Petitioner as in Duty bound Shall Ever pray &c
Sam Brown
THE COURT'S REPLY .*
In the House of Representatives Febr 3 1768
It Appearing by a Report of a Comtee of this Court made in the year 1765 Accepted by the House & Concurred by the Honble Board tho not Signed by his Excely the Governor there was allowed to Colo Hill & others Seventeen Hundred Acres of Land Lost by running the line of New Hampshire A Thousand Acres part thereof of right be- longs to the petr Saml Brown his heirs & Assigns One thousand Acres of the Unappropriated Lands of the province lying in the County of Hampshire or Berkshire to be laid out in one peice adjoining to some former Grant and that he return a plan thereof In twelve months for Confirmation
Sent up for Concurrence In Council Feb' 4th 1768-
T Cushing Spkr
Read & Concurred
Consented to
Jno Cotton D. Secr'y Fra. Bernard (Mass. Archives, Vol. 118, p. 323.)
DEEDS AND MORTGAGES RELATING TO THE SETTLEMENT OF HILLSBOROUGH.
The following abstracts of Deeds and Mortgages given by Messrs. Hill and Keyes to certain individuals interested in the settlement of the town have been copied from Middlesex County, Mass., Records, and have an important bearing on the settlement of the grant of Number Seven:
MESSRS. HILL AND KEYES TO DAVID BALDWIN.
Gershom Keyes of Boston, Trader for £600, conveys to David Baldwin of Sudbury, Gent., my farm of 300 acres that I lately pur- chased from Jonathan Butterfield of Chelmsford which was granted to him by the General Court, Dec. 1737, bounded and Described as follows that is to Say adjoyning to the Township Number seven in the Line of Towns, beginning at a hemlock Tree marked with the Letter A, standing in the south line of the said Township Number seven, three miles from the south east Corner and from thence run- ning south eleven Degrees and thirty Minutes west by a Line of
*N. H. State Papers, Vol. 24, pp. 140-2.
50
HISTORY OF HILLSBOROUGH.
marked trees, three hundred and twenty rods to a Stake and Stones to the Letter B from thence east five Degrees and thirty Minutes north one hundred and Sixty rods by a Line of marked Trees to a hemlock tree to the Letter C from thence north eleven Degrees and thirty Minutes East three hundred and Twenty rods by a Line of marked Trees to a Stake and heap of Stones in the aforesaid Town to the Letter D and from thence with said Line to where it began in the lines aforesaid, ten acres is allowed for a Sway of Chain, als* six acres lying in the aforesaid Township Number seven on the west Side of the southerly Branch of Contoocook river Bounded south on the aforesaid Farm east on the said Branch north on a farm belong- ing to William Moore and west on Lot No forty six in said Town- ship No seven also Ninety four acres to be Taken of from the south end of the House lotts Number forty five, forty seven and Number forty six upon an equal Wedth in the afore mentioned Township number seven, said three lotts adjoyn on the south line of said Town- ship with all the Rights etc.
Dated Jan. 4, 174I. Witnessed by Isaac Baldwin, Francis Keyes .- Vol. 42, p. 398.
MESSRS. HILL AND KEYES TO SAMUEL GIBSON.
John Hill, Esq. & Gershom Keyes, Trader, both of Boston for 100 £ convey to Samuel Gibson of Boston, Labourer, a Certain Lott of Land in a Township Granted to Isaac Little Esqr and others of Old Plymouth Colony and their Associates which Township is Called No 7, in the line of Towns between Merrimack & Connecticut River said lott of land Contains Seventy acres and lyeth in the north range being the house lott Nº 49 which was Surveyed by Joseph Wilder Junr Bounds north on Lott Nº 48, and South on lott Nº 50. it butts on undevided land it began at a Stake and Stones at the north west angle thence it ran east one hundred and Sixty rods to a grey oak at the north East angle, from thence it ran South Seventy rods to a Stake and Stones to the South east angle from thence it ran west one hundred and Sixty rods to a Stake and Stones to the South west angle and from thence it ran Streight to where it began Also one hundred acres more lying in Common and undivided land being the sixtieth part of Six thousand acres lying in equal wedth upon the westerly side of Said Township Nº 7. . Said Six thousand acres ad- joyning on a Township Called Nº 8. and to be of an Equal Wedth across the Township Nº 7 To Have and to Hold".
Dated Dec. 29, 1737. Same conditions as Baldwin deed 40:326. Witnessed by William Knox, Francis Keyes .- Vol. 42, P. 398.
*also (sic)
51
THE HUNTINGTON TRACT.
MESSRS. HILL AND KEYES TO JABEZ HUNTINGTON.
John Hill, Esq., and Gershom Keyes, Trader, both of Boston, for £100, convey to Jabez Huntington of Norwich, Conn., "A Certain ' Lott of land Containing seventy acres and is the House Lott Num- ber 50 lying and being in a Township called Number Seven in the line of Towns which runs across the country from Merrimack River to Connecticut River which Township was granted to Isaac Little Esqr and others of old Plymouth Colony and their associates Said lot of land is butted and bounded as followeth lying in the North range of lots and bounds north on the lot Nº 49 South on the Lot No 51 East & West on undivided land it begins at a stake and Stones the Northwest angle and thence it runs South Seventy rods to a a Stake and Stone to the South east angle from thence it ran west one hundred and sixty rods to a stake and stones the southwest angle and from thence North to where it began Said lot was Sur- veyed by Joseph Wilder Junr Also one hundred Acres more lying in Common and undivided land being the sixtieth part of Six thousand acres lying in equal Wedth upon the Westerly Side of Said Township and to be of an equal wedth across Said Township Nº 7 Said Six thousand acres is adjoining on the Township Nº 8 To have and to hold"
Same condition as in Baldwin deed 40:326. Dated Nov., 22, 1738. Witnesses Samuel Adams Jr. Samuel Adams .- Vol. 39, P. 447.
MESSRS. HILL AND KEYES TO JAMES MAXWELL.
John Hill Esqr & Gershom Keyes, Trader, both of Boston for £100, convey to James Maxwell of Stow, husbandman, "A Certain Lott of land In a township granted to Isaac Little Esqr and others of old Plimouth Colony and their associates which Township is Called No 7 In the Line of towns Between Merrimack and Connecti- cut River said Lott Contains fifty acres being the house Lott No 20 which was Surveyed by Joseph Wilder Junr and Bounds north on N 19 and South on Lott No 21 it buts East on Lott Nº 29 and west No 13 it began at a stake and Stones at the north west angle thence it run East one hundred and sixty five Rods to a beach to the north East angle from thence it ran South fifty five Rods to a stake and stones to the South East angle from thence it ran west one hundred and Sixty-five rods to a stake and Stones to the South west angle and from' thence it ran Strait to where it begun-fifty five rods their being an allowance for a highway across the west End and south side-Also one hundred acres more Lying in Common and undivided Land being the Sixtyeth Part of Six thousand acres Lying In Equal wedth upon the westerly side of said township Nº 7. said Six thous-
52
HISTORY OF HILLSBOROUGH.
and acres adjoying on a township Called No 8 and to be of an Equal wedth a Crost the township No 7 To Have and To Hold"
Same condition as in Baldwin deed, 40:326. Dated Nov. I, 1739. Witnessed by John Tuckerman, Jr., Lydia Hall .- Vol. 40, P. 456.
GERSHOM KEYES TO JOHN HILL.
Dec. 22, 1739, Gershom Keyes of Boston, Trader, mortgages to John Hill of Boston, Esq. for security for the payment of £360, "a fifty acre House Lot lying by the Meeting house with a House and Barn erected thereon lying in a Township called Hillsbury or Number Seven in the line of Towns which Township was granted to Isaac Little Esqr and others of old Plymouth Colony with all the said Keyes's Interest in the Saw Mill and Dam erected on Contoocook River in said Township with the benefit of half the Stream and all the Appurtenances whatsoever belonging to said Mill whereof he is one half owner together with all his other Lands in said Township in Common with said Hill yet to be divided whereof the said Keyes is one half owner at this day (excepting and reserving all his Interest in fifty nine house Lots that are to be Settled with Six thousand acres, upon an equal wedth lying on the west Side of Said Township Number seven also the said Keyes doth except and reserve all his Interest in four farms lying upon the East side of said Township and one lying upon the river below the sawmill containing Six hundred and eighty acres all the Said farms were Surveyed by Joseph Wilder Junr) to gether with all and singular Houses Edifices Buildings Easements fences on all the said Keyes's Interest in said Township Standing, Ways Passages Waters Watercourses Rights Members Profits privileges and appurtenances whatsoever thereunto belonging xxx To have and to hold"
Signed by Gershom Keyes and wife Sarah who released her dower. Witnessed by Solomon Keyes and Francis Keyes .- Vol. 40, p. 360.
MESSRS. HILL AND KEYES TO ALEXANDER TURNER.
John Hill Esq. & Gershom Keyes, Trader, both of Boston for £100, convey to Alexander Turner of Worcester, husbandman, "A farm con- taining fifty two Acres lying in the Township called number seven in the line of Towns which was granted to Isaac Little and others of old Plymouth Colony and their associates which Lott is number thirty two in said Township and measured and bounded as followeth, Viz. north partly on the undevided land and partly on Lott number one and south on Lott number 31. abuts west on the lott number 17. and east on No. 33. it begins at a Stake and Stones on the north west angle thence it runs east one hundred and sixty five rods to a Stake and Stones to the north east angle from thence it runs south fifty two
53
MAYES AND TRAIL LOTS.
Rods to a Beach to the south east Angle from thence it runs west one hundred and Sixty five Rods to a Stake and Stones to the south west Angle and from thence it runs to where it began being the House lott and surveyed by Joseph Wilder Junr also one hundred Acres more lying in common and undevided lands being the sixtieth part of six thousand acres adjoyning on a Township called number 8 and to be of an equall weadth upon the westerly side of said Township Nº 7 To have and to hold."
Same condition as Baldwin deed 40:326. Dated Aug. 25, 1738. Witnessed by John Healy, Jona Chandler .- Vol. 41, p. 240.
MESSRS. HILL AND KEYES TO JAMES MAYES.
John Hill Esq. and Gershom Keyes, Trader, both of Boston, for £ 50 convey to James Mayes of Boston, "Shay-maker," "a Farm con- taining two hundred Acres lying in a Township granted to Isaac Little, Esqr and others of old Plimouth Colony and their associates which Township is called Number Seven in the Line of Towns between Merrimack and Connecticut Rivers Said Farm lies on the South East Side of the great river* and is bounded as follows vizt Northeast on the River South East on a Farm butts Southwest on the Lot Number 44 & Northeast on undivided land and begins at an Hemlock Standing by the River and from thence it runs East thirty two degrees South one hundred and Sixty two Rods to a Beech Tree to the Southeast angle from thence it runs North thirty two degrees East Two hundred rods to a Stake and Stones to the North East angle from thence it runs west thirty two degrees North one hundred and Sixty Seven rods to the river to the Northwest Angle and from thence it runs on the River to the Hemlock on the river Bank where it began, To have and to Hold"
Same condition as in Baldwin deed, 40:326. Dated Nov. 21, 1738. Witnessed by Sophia Thomas, Lucretia Keyes .- Vol. 40, P. 370.
MESSRS. HILL AND KEYES TO JOHN TRAIL.
John Hill Esq. and Gershom Keyes, Trader, both of Boston, for £700 convey to John Trail, merchant, and Jeremiah Green- distiller, both of Boston,
"A certain Farm, containing fourteen hundred Acres of Land, ly- ing In the North East Corner of the Township Number Seven in the County of Middlesex in the Line of Towne's, which Township was granted to Isaac Little Esquire and Others of the old Plimouth Colony and their Associates said Land is bounded as followeth, vizt beginning at the North East Corner of said Farm, which is the north East Corner
*The Contoocook.
54
HISTORY OF HILLSBOROUGH.
of said Township, from thence it runs on the North line of said Township, South Eighty four degrees and thirty minutes west four hundred and fifty One Rods from thence South, fifteen Degrees East four hundred and ninety seven Rods by land now belonging to Samuel Brown, from thence North, Eighty four degrees and thirty Minutes East. Four hundred and fifty One Rods by Land belonging to said John Hill to the East line of said Township and from thence North fifteen Degrees West, four hundred and ninety seven Rods on said East line to the first mentioned Corner bounds."
Elizabeth Hill, wife of John, and Sarah Keyes, wife of Ger- shom released dowers. Dated April 2, 1740. Witnessed by Ebenezer Flagg, Francis Keyes .- Vol. 40, p. 498.
MESSRS. HILL AND KEYES TO SAMUEL GIBSON.
John Hill, Esq., and Gershom Keyes, Trader, both of Boston, for £100, convey to Samuel Gibson of Boston
"A Certain Lott of Land in a Township Granted to Isaac Little Esqr and Others of Old Plymouth Colony and their associates which Township is Called Nº 7 in the Line of Towns between Merrimack and Connecticut River Said Lott of Land Contains fifty acres being the house lott Nº 35 which was Surveyed by Joseph Wilder Junr Bounds north on the lott Nº 34 and South on lott No 36 it butts East on a farm and west on the lott Nº 30 it begins at a Stake and Stones at the northwest angle and from thence it runs East One hundred and Sixty five rods-to a Stake and Stones to the northeast angle from thence it runs South fifty rods to a stake and stones to the southeast angle from thence it runs west one hundred and Sixty five rods to a Stake and Stones to the South west angle and from thence it runs North to where it began Also one hundred acres more lying in Com- mon and undevided land being the Sixtieth part of Six thousand acres lying in equal wedth upon the westerly Side of Said Township Nº 7 Said Six Thousand Acres adjoyning to a Township Called Nº 8 and to be of an equal Wedth a Cross the Township Nº 7. To have and to Hold"
Same condition as Baldwin deed 40:326. Witnessed by Sophia Thomas, Lucretia Keyes. Dated Sept. 23, 1738 .- Vol. 42, P. 393.
MESSRS. HILL AND KEYES TO ANTHONY CAVERLY.
Gershom Keyes of Boston, Trader, as security for the pay- ment of £1000, mortgage to Anthony Caverly of Boston, distiller, mortgaged a 50 acre house lot in Hillsberry Jan. 20, 1739. Same property mortgaged to John Hill 40:360. Description exactly the same.
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