The history of Weare, New Hampshire, 1735-1888, Part 33

Author: Little, William, 1833-1893. cn
Publication date: 1888
Publisher: Lowell, Mass., Printed by S. W. Huse & Co.
Number of Pages: 1240

USA > New Hampshire > Hillsborough County > Weare > The history of Weare, New Hampshire, 1735-1888 > Part 33

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Moses Wood complained to the church. A hearing was had, Brother Philbrick found wrong; he confessed, the church forgave him, but Brother Wood would not ..

Then Philbrick put a paper on record, giving his reasons why he was grieved with Brother Wood. Among them were that he tried to hire Elder Stone and thereby broke up the church so that they had not had any preaching for a year, and thus " opened a dore for the universal doctrine to be let in "; that Wood charged him, Philbrick, with coming to his house to provoke him, as he did John Simons, so he could get him put out of the church, and said he did

* Moses Wood, and his wife, Hepsibah Wood, came from New Rowley to Weare, in January, 1801, and lived on lot 2, range 2, where Squire Eastman now lives, north of the north road from South Weare to Oil Mill.

286

HISTORY OF WEARE, NEW HAMPSHIRE.

[1735.

not think Simons at all to blame ; that Wood set up that certain brothers and sisters did not fully believe the covenant, in order to hinder them from enjoying church privileges and communion, when all knew that the church did not consider the covenant binding, but that it could be altered at pleasure, and that " he had grieved some of the dear lambs." He concluded by advising that no man have company with him, Wood, in order that he might be ashamed.

Then nineteen men put in a petition, reciting the above com- plaints, and asked to have a council called.

But it never met. Before the time appointed, so bitter was the feeling, the church broke in pieces. Some of the members went to the Quakers, who were glad to make proselytes ; some to the Uni- versalists, a new anti-sheol sect that had just sprung up in town ; some, led by Brother Jonathan Philbrick, to the Freewill Baptists, whose missionaries were now coming on horseback ; and some, among whom was Moses Wood, stood firm and formed a nucleus, around which gathered another Antipedobaptist church.

CHAPTER XXXI.

BOUNDARY LINES.

THE boundary lines of Weare* have been the source of much dis- pute, and out of them have grown many lawsuits. They have been changed somewhat at times by different sets of proprietors, and sometimes by the act of the legislature.

The first surveying party, 1735, that came tramping into the woods of old Halestown, was led by William Gregg, of London-

* THE BOUNDARY LINES OF WEARE.

The heavy lines on the map are the present boundaries of Weare.

1, 2, is Hazen's survey, 1725, of the south line of the towns for defense.

3, 4, 5, 6, 3, is Gregg's survey of Halestown, 1735.

3, 6, is the north line of New Boston by Cummings' survey, 1735.

7, 8, 9, 10, 7, is Baker's survey, 1749.

3, 11, is the north line of New Boston by Patten's survey, 1753. 12, 6, is the claimed east line of Society land by Fletcher's survey, 1753.

3, 10, 13, 6, 3, 14, 15, is the gore by Fletcher's survey, 1759.

16, 17, is the south line of Hopkinton by Greeley's survey, 1783.

18, 8, is the south line of Henniker by Greeley's survey, 1803.

3, 10, 13, 6, 3, is the gore as claimed by the Masonians.

3, 10, 19, 6, 3, is the gore as annexed to Weare.

The small spaces on the south represent the lots in the gore. The small spaces on the west represent parts of the claimed Society land lots, but now a part of our town of Weare.

1735.]

THE BOUNDARY LINES OF WEARE.

287

HENNIKER

HOPKINTON

DEERING

WEARE

Z-

PISCATAQUOG RIVER

DUNBARTON

GOFFSTOWN

BOUNDARY LINES OF WEARE

FRANCESTOWN

NEW BOSTON

16 1

288

HISTORY OF WEARE, NEW HAMPSHIRE.

[1735.

derry. Colonel Hale, the first proprietor, was perhaps with them. They began their survey at the south-east corner of the town, as it then was and as it is now, at an oak tree; the same being still alive and growing, though more than a hundred and fifty years have passed since it was first spotted by Surveyor Gregg. This old oak was also the north-east corner of New Boston, then called Lanes- town. He made the east and west sides of the town the same length, the north line one thousand nine hundred and eighty rods long, and the south line two thousand and ten rods. Gregg left the gore on the north side of the town, separating Weare from New Hopkinton and Number Six, Henniker. It was five hundred rods wide on its east end and four hundred rods on its west. The south-west corner of Weare was then a great pine. This first running the lines of Weare has always been known as GREGG'S SURVEY.

Jerahmal Cummings made the first survey of Lanestown, or New Boston, about the same time, 1735. He ran from the great white pine at the south-west corner of Halestown, east to our old white oak; his north line of New Boston being identical with Gregg's south line. His work is known as CUMMINGS' SURVEY.

A short time before either of these surveys was made Mitchell and Hazen, two noted surveyors, ran the south line of New Hopkin- ton, Number Five, in the double row of towns for defense granted by Massachusetts to preclude New Hampshire from the territory. They began at a large Norway pine standing in the west line of Concord, it being the south-east corner of New Hopkinton, and ran west to Number Six of the towns for defense, now Henniker. They made the line according to the compass, as it varied in 1735. This is known as MITCHELL AND HAZEN'S SURVEY, of a part of the present north line of Weare.

In 1749 our Robiestown proprietors got Capt. Joseph Baker, of Pembroke, to run the lines and lay out the lots of the township granted them by the Lord Proprietors, otherwise called the Masonians. In the twenty-four years that had elapsed since Mitchell and Hazen's survey, the compass had varied towards the north three minutes of a degree, or enough to make seven rods difference in going three miles. Captain Baker began at the great Norway pine, in the west line of Concord, and ran westerly on the same point of compass as did Mitchell and Hazen ; by the north-west corner of the gore north of Gorham town, now Dunbarton, and on the south line of New Hopkinton, as he supposed ; and on said line produced to the north-

289

BAKER'S SURVEY.

1749.]

west corner of Robiestown, seventeen rods north of the north end" of the east line of the Society Land, so-called. This north line of Weare stood till 1783, and by it the south-west corner of Hopkin- ton was seven and one-half rods north of the corner of that town, made by Mitchell and Hazen. This was all because Surveyor Baker did not take into account the variation of the needle.

Captain Baker, with Samuel Prescott, Pain Row and Richard Nason, committee of the proprietors, and William Walker and Pain Row chainmen, went on to lay out the township. He ran from the north-east corner of Weare, as he then made it, westerly six miles and forty rods by his measure, and put in his return that he ran six miles and allowed two rods in each hundred for swag of chain, which would make about forty rods. Baker's north-west corner is now a pile of stones by an old moss-grown wall. It was a beech tree then. He then ran south six miles and forty rods, to a white pine tree, thence east the same distance, to a birch standing in Gregg's east line of old Halestown, and about two hundred and eighty rods north of the old oak, our present south-east corner ; thence north to a hemlock tree, the bound began at. The gore was thus left on the south side of Robiestown. This was called BAKER's SURVEY. He laid out the two lots, as we have said, in each share, one to contain one hundred acres, and the other one hundred and twenty acres, but he was so generous, or the chainmen made such good allowances for swag of chain, that each small lot contained about one hundred and forty acres, and each large lot about one hundred and sixty .*

In 1753 Matthew Patten, of Bedford, who kept the celebrated diary, and was a surveyor, justice of the peace and judge of probate, run the lines about New Boston. He was told to run by the same point of compass as did Gregg and Cummings, but the needle had varied from 1735 to 1753 enough so that his north-west corner of New Boston was twenty-two rods north of Gregg's south-west cor- ner of Halestown. But New Boston did not change the old line, it was content with Cummings' line, for at the time the town did not want any extra land in that section. Surveyors remember this as PATTEN'S SURVEY.

In 1759 the Masonian Proprietors divided the land in the gore

* David Baker's name appears on an old plan of Weare now in Portsmouth. It was made before Joseph Baker's plan, for the Masonian Proprietors to work by. Joseph Baker's plan, made after the survey, and in accordance with it, is slightly different from David's.

290

HISTORY OF WEARE, NEW HAMPSHIRE.

[1759.

among themselves, and sent Robert Fletcher,* of Portsmouth, to run it out for them. He made the north line of New Boston the same as Gregg and Cummings, and then began at the birch tree, Baker's south-east corner of Robiestown, two hundred and eighty rods north of our old oak, and ran westerly to Gregg's line of 1735, striking it at a point one hundred and sixty rods north of Baker's south line of Robiestown, thence south three hundred and sixty rods to the great pine tree, Gregg's south-west corner of Halestown, thence east to the old oak, thence north to the bound began at. This is FLETCHER'S SURVEY of the gore.

The reason he only ran west to Gregg's west line of Halestown and not to Baker's west line of Robiestown, was because in 1753 the Lord Proprietors had employed him to survey the Royal Society landt and he had made the east line of that identical with Gregg's west line of Halestown. He ignored Baker's survey of 1749. This led to much contention and several lawsuits.

The land between Fletcher's north line of the gore and Baker's south line of Robiestown had already been laid out into lots by the Masonians and divided among themselves and the Robiestown pro- prietors. They were parts of the lots in range one. The Lord Pro- prietors afterwards saw this and did not claim them as laid out by Fletcher. By measurement the gore was actually two hundred and eighty rods wide on its east end and two hundred rods on its west. The Lord Proprietors, in conveying the lots, described them in their deeds as such numbers or the part of such numbers as they owned. Many years after, in 1783, Lieut. Samuel Caldwell went to Ports- mouth and got a correct plan of the gore, which was narrowest at its west end. On most of the plans it was made widest at the west end.

New Boston, as we have said, was generous. That town did not allow Surveyor Patten's north line run according to the varied com- pass to stand; it was contented to take Gregg's line. The reason of this was there were two parties in New Boston; one wanted the meeting-house on the hill east of the Piscataquog, and the other on the hill west of that river. The east side of the town was then in

* Fletcher, who was a high-spirited gentleman, afterwards moved to Amherst, and became clerk of the court. He got into some difficulty, - what, we do not know, - and rather than survive his disgrace, committed suicide.

t " The Royal Society land lay west of Weirstown and New Boston, south of the lines of towns of defenses, so-called, north of Salem-Canada line, Peterborough, and Monadnock No. 3, and cast of Monadnocks Nos. 6 and 7. The mountains in this terri- tory were left as a common. It was divided among the Masonians Oct. 17, 1753."

291

PACKER'S SUIT.

1771.]

the majority, and they were afraid if they got any inore territory the balance of power would go to West New Boston and New Bos- ton Addition. They carried their point and the meeting-house was built on the hill to the east.

For the same reason they refused the gore when the Lord Pro- prietors offered to make it a part of their town, and so when Ben- ning Wentworth incorporated our Robiestown and called it Weare, the gore came to us because it had no where else to go. Weare has clung to it tenaciously ever since and several times refused to part with any portion of it.

Nearly a score of years went by, many of the Masonians were dead and Weare's boundaries seemingly had passed out of the minds of the survivors. Thomas Packer, one of the Lords, was the owner of a large lot in the Royal Society land lying west, as we have seen, of Weare and New Boston. He had forgot about Baker's survey, and thought he could stand by Fletcher's and hold his lot as far east as Gregg's old west line of Halestown. John Atwood, a settler of Weare rightfully, as he thought, had made improvements on the lot that Packer claimed. Atwood was between Gregg's and Baker's west lines So Packer, the Masonians having voted he should do so, in 1770 sued Atwood for trespass. The case was tried in 1771. It was easily shown that the land on which the alleged trespass was committed was east of Baker's west line, that the Masonians had ratified that line in 1749, laid out the lots up to it, and, the same as next to the gore, had divided them among themselves and the Robies- town proprietors. They could not go back on their action of 1749 and stand on that of 1753, when they made a division of Royal So- ciety land under Fletcher's survey, they were estopped, and Packer was beaten. The Masonians had agreed to back up Packer in his suit, and so to compensate him for his loss in the Royal Society land they voted him a large tract of land elsewhere.

Soon after the towns of Francestown and Deering were formed out of a part of the Royal Society land. When they were incor- porated by Gov. John Wentworth they were named for Frances Deering, his beautiful wife .* She was the widow of " The Rt. Hon. Theodore Atkinson Ju" Esq.," as he sometimes wrote his name, the sick secretary of the province. The good governor had long been courting her, and when the poor secretary drew his last breath she

* Brewster's Rambles About Portsmouth, vol. i, p. 105.

292

HISTORY OF WEARE, NEW HAMPSHIRE.

[1783.

came to the door and waved her handkerchief to let his excellency "know of the sad event." They were married in less than two weeks .*

Deering was not satisfied with the result of the Packer-Atwood suit, and kept agitating the subject. As one step towards a set- tlement, Weare, Oct. 1, 1783, took Joseph Baker, the surveyor of 1749, Richard Nason and Pain Row his chainmen (two of the com- mittee of the town proprietors), now all old men, to the north-west corner of the town, and there they made oath before John Robie, of Weare, and Jeremiah Page, of Dunbarton, both justices of the peace and of the quorum, that the birch tree, by which they stood, was marked by them in 1749 for the north-westerly corner of said Weare. Then they went to the south-west corner and made oath in the same manner. Their oaths were thus taken at said bounds "for Per- petuam rei memoriam."t Both corner bounds, as we have said, had been ratified in 1749 and the lots drawn, and now it was too late to get behind it. Weare prevailed and Deering had to give up her claim to twenty-eight hundred acres of land on her eastern border .; At the next session of the Great and General Court, her selectmen petitioned to have her state tax abated on that amount of land.§ There were many later contentions about this west line of Weare and agents were appointed to straighten it in 1830 and 1835. This establishment of the north-west corner cut a large gore from Hen-

* Theodore Atkinson, Jr., died Oet. 28, 1769. His widow, Franees-Deering Atkinson, married Gov. John Wentworth Nov. 11, 1769, just ten days after Theodore's funeral, Wednesday, Nov. 1, 1769. - Brewster's Rambles About Portsmouth, vol. i, p. 109.

t " The Deposition of Riehard Nason Esqr & Pain Row Gent. both of Hampton falls in the County of Rockingham in the state of New Hampr of lawful age who Testify & say that they were two of a Committee appointed by the Proprietors of the Town- ship of Weare to run round the said Township that they perform'd that Serviee. - in October 1749. - with Capt Joseph Baker of Pembrook who was the Surveyor

" That on the first day of October instant the Deponants were at the North West and South West Corners of said Township and well know the Lands in Controversy between Jolin Densmore of Windham in sd County husbandman & Nathaniel Weed of said Weare husbandman and that the said Lands are Clearly -within the said Township of Weare. -

"October 2d 1783.

"October 18 1783

" RICHARD NASON PAIN ROW" RICHARD NASON ! Committee PAIN ROW JOSEPH BAKER Surveyor

" appeared at the Northwesterly Corner of weare at a Birell tree Said Committe marked for the Northwesterly Corner of Said weare Said town was laid out in the Year 1749 their Oaths taken at Said Bound, Perpetuam rei memoriam

" Before JEREMH PAIGE } Quorum JOHN ROBIE Unus "

# There was a suit pending, - John Densmore, of Windham, vs. Nathaniel Weed, of Weare, -in which this question was settled.

§ " Relative To Tax on land given To Weare -

"To The Honble Senate And House of Representatives in and for The State of New Hampshire - Your Petitioners humbly Sheweth Whereas The Proprietors of The Town of Deering in the County of Hillsborough have Given up To The Town of Weare a Certain Traet of non Improved Land and Said Proprietors of Deering have Denied paying the Taxes on Said Land for The Year 1786 And Said Land Being Inventoried and Returned To The Honble General Court as Belonging To The Town of Deering as

293

HOPKINTON LINE.

1782.]

niker, and made Weare bound west on that town seventeen rods, or in other words Deering's north-east corner is seventeen rods south of Weare's north-west corner.

Just a little later came a controversy about the line between Weare and New Hopkinton. This south line of New Hopkinton affected Dunbarton as well, and that town engaged in it. Commit- tees were chosen in 1782 by all three towns to settle it .* They met on the spot early in November, 1783, and considered the case care- fully. Gregg's survey in 1735 left the gore on the north side of Halestown, and therefore the first north line of the present town of Weare was that run by Baker in 1749. But Mitchell and Richard Hazen run the first south line of New Hopkinton in 1725, and they decided that it must stand by right of priority. So they moved the north-east corner of Weare, the same being the north-west corner of Dunbarton, south ten feet; from Baker's line, and set up a stake with a great pile of rocks round it to mark the spot. There is a stone monument there now. The south-west corner of New Hop- kinton, which is also the end of one of the north lines of Weare, was at that time an old birch stub, round which the committee heaped a pile of stones. The committee began at the "Noraway pine stand- ing on the head line of Concord," and erected on the line they had settled at forty rods distance from each other, stakes and stones as monuments from said pine tree to said birch tree, and advised " that all the bounds of men's land which was supposed to stand" on Cap- tain Baker's town line should stand on their line.#

it May Appear hereafter Therefore we humbly pray Your Honors would be pleased To Abate The Taxes for The Years 1786 : 1787 on Said Land or any part There of as your Petitioners are in Duty Ever Bound To Pray -

"EVEN DOW ) Selectmen ALEXANDER WILLSON of

THOMAS MERRILL Deering

" Deering June 4th 1787 Certificate Relative to foregoing This May Certify all per- sons Concerned That a Tract of Land Lying Between Deering and Weare in The County of Hillsbo in Dispute by The proprietors of Said Towns has Been Inventoried by the Selectmen of Said Deering as Belonging To said Deering & Returned to the General Court Being by The Best Estimation Two Thousand and Eight hundred acres, The Tax on said Land to the State for the year 1786 is to the State in Specie £2-13-8 in State Certificate £1-3-4 in Continental Certificates £3-10 For the year 1787 in Specie £4-13-4 in Continental Certificates £2-11-4 in State Certificates £1-3-4

" A True copy Erors excepted Attest per EVAN DOW Town Clerk of Deering" - Town Papers, vol. xi, p. 496.

* " The committee for Weare were Lieut. Samuel Caldwell, Capt. Samuel Philbrick and John Robie, Esq.

t" November 6th 1783 the Committe of Hopkinton weare and Dunborton meet to Settle the Line Between Hopkinton weare and Dunborton Begining at a Norway pine the Southeast Corner Bound of Hopkinton thence westerly to the Southwest Corner of Said Hopkinton the Said Comitte agreed that the Northwest Corner of Dunborton to be the Northeast Corner of weare to Stand on Said line the orignal Bound Between weare and Dunborton was to the North of Said line about ten feet "

Į" WHEARS the Committe of Hopkinton weare and Dunborton being Choses to

294

HISTORY OF WEARE, NEW HAMPSHIRE.

[1803.

Soon after a dispute arose about the line between Weare and Henniker, and several committees were appointed to settle it .* But they were unable to accomplish it. In 1803 the selectmen, James Caldwell and Samuel Eaton, with the assistance of Aaron Greeley, of Hopkinton, a noted surveyor, ran the line between Weare and Henniker. They began at the north-east corner of Weare and ran a line south eighty-two degrees west three miles, one hundred and fourteen rods to Hopkinton west line, seven rods and about one- half of a rod north of the south-west corner of Hopkinton, then on the same course three and three-fourths miles to the north-west cor- ner of Weare, setting stakes to mark the line, at forty rods distance from each other. Aaron Greeleyt made a return of this survey and it was recorded on the town books. Why they did not begin on Baker's line, ten feet north of the north-east corner of the town and then run to the north-west corner, we can not see.#

But this perambulation and stake-driving did not settle the ques-

Settle Between Hopkinton weare and Dunborton and upon carful Examination of Record, are trying the line. it is agreed by all the committe to Begin at a Noraway pine tree Standing on the head line of Concord and at the South Easteast Corner of Said Hopkinton and Run South about eighty two degrees and one half of a Degree west to a birch tree Standing where a Center line of weare Strikes Said Hopkinton line being about Six mile from Said pine tree and have agreed that the Northeast Corner of weare being the Northwest Corner of Dunborton to Stand on sd line whare the west line of Dunborton being the East line of weare Stirkes what leads from Said pine tree to Said birch tree about three mile west of Said pine tree and that the Northerly Corner of Said Dunborton Shall Stand where the first mentioned line cross bowline Called Called Briants line being about one mile and one Quarter of a mile west of Said pine tree and it is oppinion of Said Committe that all the bounds of mens Land which was supposed to Stand on Said town line Shall Stand on Said line which Said Committe have this day Settled the Said Committe have erected on Said line at forty Rods Distance from Each other Stakes and Stones as Monuments from Said pine tree to Said birch tree being folling down we have Erected Stones Round the Stub of Said birch Said line Settled agreable to the Charter of Said Hopkinton according to the alteration of the Veration of the Cumpas or Nigh as we could make by the best Cal- culation Dated ye Six day of November Anno Domini 1783

" ISAAC CHANDLER ABEL KIMBALL AARON GREELEY JEREMH PAGE JAMES CLEMENT SAML COLDWELL JOHN ROBIE

Committe for Said Town

" A true Coppcy JOHN ROBIE T Clerk -"

* March 8, 1785, John Hodgdon, John Robie and Timothy Worthly were chosen a committee to settle the line between Henniker and Weare. April 27, 1790, John Robie, Jonathan Dow and Richard Philbrick were chosen a committee to settle the line be- tween Weare and Henniker, and to join the committee of IIenniker.

+" 1803. Paid Aaron Greeley for surveying line between Weare and Henniker $4.50 "

#" Survey Made by the Subscriber on the 28th and 29th and 30th days of November 1803 Begin at the Northeast Corner bound of weare thence Ran a line South Eighty two Degrees ten minuts west three mile and one Hundred & fourteen Rods to Hopkin- ton west line Seven Rod and about one half of a Rod North of the Southwest Corner of Hopkinton then on the Same Course three mile and three quarters of a mile to the Northwest Corner bound of weare and Sct Stakes on the line forty Rods Distance from Each other from Hopkinton line west to Said Northwest Corner bound

"AARON GREELEY Surveyor

"True coppy of Record, Attest - JOHN ROBIE Town Clerk "

295

DUNBARTON LINE.

1822.]

tion. In 1809, March 14th, John Hodgdon was chosen an agent to . settle the line between Weare and Henniker, but he was not able to do it. In 1822 the matter came up again. There was a hearing upon the case. Henniker was granted at a later date than Weare and it was claimed she was bound by Baker's survey of 1749. Wit- nesses were summoned,* a long trial was had and the final decision was in favor of Weare. Greeley's survey and this verdict made "a seven and one-half rod-rod jog" in our north line, which has stood to this day.

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The history of Weare, New Hampshire, 1735-1888, Part 33

Author: Little, William, 1833-1893. cn Publication date: 1888 Publisher: Lowell, Mass., Printed by S. W. Huse & Co. Number of Pages: 1240

Author: Little, William, 1833-1893. cn
Publication date: 1888
Publisher: Lowell, Mass., Printed by S. W. Huse & Co.
Number of Pages: 1240