USA > New Hampshire > Hillsborough County > Weare > The history of Weare, New Hampshire, 1735-1888 > Part 9
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73
TERMS OF THE GRANT.
1749 ]
THE LORD PROPRIETORS or Masonians shall have seventeen shares for themselves free from taxation till they shall be improved. These with the three just mentioned together with the eighty to the town proprietors made up the hundred equal shares.
SETTLERS to the number of thirty families shall be got by the town proprietors within four years from the granting hereof at their own charge, each to have a house sixteen feet square, and three acres of land cleared and fitted for mowing and tillage on their respective lots, and ten families more in the next two years.
A MEETING-HOUSE for the public worship of God shall be built by the town proprietors within six years.
PREACHING of the gospel shall be constant after twelve years.
A SAW-MILL shall be built within two years to saw to halves for ten years. If no man will build it then the town proprietors shall do it and saw on such terms as will forward the settlement, the sawing to be done by the long rule. Twenty acres of land shall be left in some fit place for the mill privilege.
TAXES shall be paid by each owner for laying out the lots and doing other things directed herein, including the making of the settlement.
respective share. That the two lots which belong to one share be numbered with the same number, beginning with one and ending with One hundred. That the said Land be so laid out within one year from the granting thereof, and then the Lots Drawn in the usual manner of Drawing for Lots of Land in such cases, and that this be done under the care and direction of the Grantors, and that there be but one Draft for the two Lots belonging to each share. That one of the said shares shall be for the first Minister of the Gospel who shall be settled on the said land, and continue there dur- ing his life, or until he shall be regularly Dismissed, to hold to him his heirs and assigns. And one other of the said shares be for, and towards, the support of the Gospel Ministry there forever. And the hundred acre lots belonging to these two shares shall be laid out as near the place where the Meeting-house shall be built as may be conveniently, and not drawn as the other lots. That there be six aeres of land left in some convenient place within said Boundaries for building a Meeting- house and school-house upon, and to improve for a Training field, a Burying plaee and any other public use the Inhabitants there shall see cause to make of the same. That one other of said shares shall be for the use and support of a school there for- ever. That seventeen of said shares be, and hereby are, reserved to the use of the said Proprietors the Grantors, in these presents their Heirs and Assigns. That the owners of the other eighty shares make a regular settlement there at their own charge and expense in the following manner, viz-That thirty families be settled upon said Tract of land, each having an house equal to sixteen foot square or more, and three acres of land Cleared and fitted for mowing or Tillage, upon their respec- tive Lots, within four years from the granting hereof, and ten families more, so settled within two years from the same time. That a Meeting-house for the Public Worship of God be built Within six years, and that the Constant preaching of the Gospel Maintained there next after twelve years from the Granting of the said land. That there be twenty acres of land left in some sutible place within said Boundaries for a privilege and accommodation of a saw-mill, which shall be to and for him, or them, his or their Heirs or assigns, who will build such Mill within two years from the time afore-said, with the privilege of the most convenient stream and place for that pur- pose. And in Consideration thereof, for the Benefit of the said Inhabitants the Owner or Owners of such Mill shall saw the Logs and Timber of the other Inhab- itants afore-said, or settlers there, to the halves, for the term of ten years. - Next, after the said Mill shall first Work, if desired so to do, and if no particular person or persons of the said owners of said shares or such other as the major part of them shall admit, will undertake to build such Mill on the said Terms, -then the said Owners shall do the same at their eommon expense, and put the said Mill under
74
HISTORY OF WEARE, NEW HAMPSHIRE.
[1749.
THE LOTS shall be sorted in the laying out and care taken that the shares may be equal as possible.
RANGES shall be made, where the land will admit of it, in laying out the lots, and land left between the ranges for highways four rods wide and between the lots two rods wide.
MASTS. All white-pine trees fit for masting the royal navy shall be reserved and are granted to his majesty the king and his heirs.
FORFEIT shall be had of this grant to the grantors if the grantees shall not settle the forty families in the time set, and shall not do the other things named in this grant. If some of the grantees per- form the conditions, then they shall hold their own shares and the shares of those who do nothing; and any one who does his part shall hold his right or share.
AN INDIAN WAR shall be an exception, the time it lasts shall not count against the grantees and they shall have their full time after it is over.
SUIT. The Lord Proprietors kept in mind the claim of the Massa- chusetts grantees and of the heirs and assigns of Allen; so they provided that if any suit or suits should be brought they would de- fend one at their own cost, and if they got beat the grantees should recover nothing back from them.
It will be noticed that the Lord Proprietors gave no name to the
such a Regulation, as that they and others inhabiting there may be served with Boards and other sawed stuff on just and reasonable Terms, for carrying an end the said settlement. That each owner of the said eighty shares pay to sneh person or persons as the major part of them shall Determine, and chuse for that purpose all sueh sum and sums of money as the said major part shall determine to be necessary, from time to time to defray the charges of laying out the said Lots and other mat- ters, and things herein Direeted to be done, and necessary to be at their common ex- pense for making said settlement. - That in laying out said lots eare be taken to sort them in such a manner as to make the shares as equal as possible. That the Lots be laid in Ranges where the Land will admit of it, and Land left between the Ranges for Highways of four rods wide, and between the Lots of two Rods wide. That a plan of the whole, when so laid out, be made, at the charge of the said Owners, and returned to the Grantors as soon as may be conveniently done. That the remaining seventeen shares reserved as aforesaid be exonorated, acquitted and fully exempted from paying any charge towards making the said Settlement, and not held to the conditions of the Eighty shares aforesaid, or liable to any tax or assessment until Improved by the Respective owners thereof. - That all white pine trees fit for mast- ing the Royal navy be and hereby are Reserved and granted to His Majesty, his Heirs and Successors forever for that purpose. - That in case the Grantees shall fail, negleet and omit to settle forty families upon the said tract of land in manner afore- said, and within the term afore-said, and to do and perform the several matters and things herein before mentioned by them to be done, the said Grantees shall forfeit their right to any and every part of the said granted premises, and the said Grantors may lawfully enter into, and upon the same, or any part thereof in the name of the whole, or any person or persons, for them and in their name, stead, and behalf, and be thereof seized again as tho' this grant had not been made, - provided never-the- less that those partieular persons of the said Grantees who shall have performed his or their part according to the true intent and meaning of these presents as above, shall have, hold, and enjoy to him his Heirs and assigns, his or their partienlar shares aforesaid, and in case the said Owners of the Eighty shares shall within the term aforesaid make finish & complete the settlement of forty families aforesaid, and shall do and perform all the several artieles, matters and things by them to be
75
SURVEY.
1749.]
township, and in the grant did not even speak of it as Halestown. But for the next fifteen years it was generally known as ROBIES. TOWN, name number five, which is found in many old deeds. The town proprietors in their records and notices gave it no name, but generally spoke of it "as the tract of Land Granted to Ichabod Robie, Esqr., and others, by the Proprietors of the Right of John Tufton Mason, Esq"."
The grantees or town proprietors called a meeting at once .* It was held at the inn of Benjamin Sweet in Hampton Falls. They organized by the choice of a moderator, and Meshech Weare clerk, and then accepted the grant with all its said terms, conditions and limitations. They chose a committee, Richard Nason, Capt. Samuel Prescutt and Pain Row, to run the lines and lay out the lots, and another committee, Meshech Weare, Capt. Samuel Prescutt and Dea. Isaiah Bachelder, to call proprietors' meetings in the future.
The first committee at once employed Joseph Baker, surveyor, and William Walker and Pain Row, chainmen, to survey the town- ship. Baker ran the lines, but not as set forth in the grant. He commenced at the south-west corner of Concord and ran west on the south line of Hopkinton till he came to the west line of Starks town produced where he established the north-east corner of Weare.t He allowed two rods in a hundred for "swag" of chain, which
done, as aforesaid. Every particular person of the said Owners who shall be Delin- quent and neglect to do and perform his Respective share, part, and proportion of the Duty, business matters, and things, aforesaid, by him to be done, according to the true interest and meaning of these presents, - Such Delinquent Owner shall for- feit his share, and right to the said tract of land, any and every part thereof, to such of the said Owners who shall have done, and performed, as aforesaid, and they may have, hold, and enjoy the same, to them, their heirs and assigns, and are hereby en- titled to the Grantors right thereto, and may enter into and upon the same, and take full seizen thereof to their own use, as fully and amply as the Grantors themselves might lawfully do, as aforesaid. Provided always that in case of an Indian War within any of the term of years above Limited, for the doing any of the matters, and things, aforesaid, by the said owners to be done, the same number of years respectively shall be allowed, after that Impediment shall be removed. And in case any action or suit shall be brot against the said Grantecs for the said Tract of land, or any part thereof, the said Grantees are hereby Obliged to vouch the said Grantors, or such of the said Grantees as shall be so sued, shall so do, and the said Grantors hereby promise and engage they, their Heirs Executors, Administrators, or assigns, shall and will, at their own Cost and Expense, defend one action or suit upon one Title, and pursue the same to final judgment, through the whole cause of the Law {if there shall be occasion] and in case the final judgment in such trial shall be against the said Grantors, the Grantees shall recover nothing over, in satisfaction of, and from the said Grantors, their Executors, or Administrators, or any of them.
" Voted that this Meeting be adjourned to the morrow, the 21st instant, at six of the Clock afternoon, to meet at this place. The meeting was accordingly adjourned. A true record, attest, GEO. JAFFREY, Proprs Clerk.
" The name ' Abner Sanborn' interlined on the 3rd page. The word 'the' inter- lined 5th page. The word 'particular' 4th page. Portsmouth, April 20th, 1809. A true copy from the Masonian Proprietors records. Attest, JEREMIAH LIBBEY, Propre Clerk. Copy examined by NATHL. ADAMS, Clerk."
- Masonian Proprietors' Records, vol. i, pp. 102-7.
* A meeting was held Dec. 4, 1749, and another Jan. 3, 1750. - Philbrick Papers.
¡ There was a gore between Dunbarton and Hopkinton at this time.
76
HISTORY OF WEARE, NEW HAMPSHIRE.
[1749.
would make each line about six miles and forty rods long. His south-east corner was at a birch tree, two hundred and eighty rods north of the old oak where Gregg began his survey. Oct. 17, 1749, he had the work done, and plan complete. He made seven ranges which he numbered from the south to the north. On the east side of the town five pieces of common land were left; on the west side, also, five pieces, one at the end of each range, except the first and seventh ranges, and there were two hundred numbered lots, two for each share. The lots of fifteen shares were divided into ninety and one hundred and thirty acres each, and those of the other eighty- five shares into lots of one hundred, and one hundred and twenty acres, and the two sizes of lots of each share were located in differ- ent parts of the town that they might be well "sorted." The small lots were numbered from one to one hundred, and the large lots the same way.
The plan and their report* were at once sent, by the committee
*"We the subseribers being chosen a committee to lay out the traet of land granted by the purehasers of the right of John Tufton Mason Esqr. to Ichabod Robie Esgr. and others.
" We have accordingly laid out the same as follows (viz) We land out six aeres of land in a square in the Most convenient place which we eould find within said traet of land for building a meeting-house and sehool-house upon &e. which is near to, but not quite in the Centre of said tract of land which we call the Center-Square - We also laid out a lot in which there are twenty acres convenient for a privilege and ac- commodation of a saw mill - And all the remainder of said traet of land ( Exeept some small angles or pieees which were necessarily left) we have laid out into one hundred rights or Shares and each share into two distinct lots which are numbered with the same number One of which lots contains one hundred aeres and the other, one hundred and twenty acres - Excepting fifteen shares in which one of the lots contains ninety acres and the other one hundred and thirty acres which was so done to sort the lots so as to make the shares in the whole as equal as possible : and we have laid out the lots in the following order (Viz) We laid out land for a way of four rods wide passing thro. the Center square before mentioned, parallel to the east and west sides of said traet of land; then on the east side of said land for a way, We laid out seven ranges of lots, leaving land for highways of four rods wide between the ranges, the sonthermost of which ranges contains thirteen lots of one hundred and twenty aeres each lot and are numbered, beginning at 25 and ending at 37 and there is land left for a highway of two rods wide between the twenty-eighth and twenty- ninth lots in said range -The next range contains also thirteen lots of one hundred and twenty acres each lot and are numbered from one to thirteen, and there is land left for a highway of two rods wide between the ninth and tenth lots in said range - The third range from the southerly side contains also thirteen lots of one Hundred and twenty aeres each lot and are numbered from fifty nine to seventy one and there is land left for a highway of two rods wide between the sixty seventh and sixty eighth lots in said range - The fourth range from the southerly side contains eleven lots of one hundred acres cach lot, the eastermost lot in this range is num- bered ninety three the next ninety four and the next ninety five, then the fourth lot from the easterly side is number nine and so the following lots to sixteen and there is land left for a highway of two rods wide between the ninth and ninety fifth lots in said range-The fifth range from the southerly side which is the third from the northerly side contains twelve lots of one hundred acres eaeh lot, the eastermost lot in this range is numbered ninety seven, to make which lot even with the others there is a picee taken off from the northerly end of a strip of land left at the east end of the fourth range as is represented by the Plan-The next lot is numbered 98 the next 99 and the next one hundred, then the fifth lot from the easterly side is num- bered eight and so the number deereasing to number one, there is land left for a way between the lots No. 8 and No. one Hundred-The sixth range from the southerly side which is the second from the northerly contains twelve lots the eastermost lot is one hundred acres and all the others one hundred and twenty acres each lot, the eastermost in this range is numbered three, and the reason of there being two, hun-
77
DRAWING THE LOTS.
1749.
to survey the township, to the Lord Proprietors or Masonians. They soon had a meeting at Portsmouth to draw the lots. Such of the town proprietors, as chose, attended. Slips of paper numbered from one to one hundred were put in a box, and each shareholder by himself or proxy drew out one slip, and the number he drew was the number of his lots. A record of the drawing was made; it was ratified and confirmed, by vote of the Lord Proprietors, to the respective persons in severalty, the names put on to the plan and re- corded on their books .*
dred acre lots, numbered three; is because the lot number Three in the fifth range is where the Mill privilege is; which is not to be drawn : The second lot in this range is numbered fourteen and so the following lots to number twenty-four, and there is land left for a way two rods wide between the sixteenth and seventeenth lots-The northerly range which is the seventh from the southerly side contains fourteen lots of one hundred and twenty acres each lot and are numbered from eighty seven to one hundred and there is land left for a two rod way between the ninetieth and ninety first lots-Then on the westerly side of the Center-way before-mentioned, we laid out also seven ranges of lots, leaving land for highways of four rods wide between the Ranges-The southermost of which ranges contains twenty one lots of one hundred and twenty acres each lot, and are numbered from thirty eight to fifty eight and there is land left for a two rod way between the forty seventh and forty eighth lots in this range-The second range from the southerly side contains sixteen lots, the eight eastermost lots are one hundred acres each lot; the seven next lots are ninety acres each lot, and the westermost lot is one hundred acres: Said westermost lot is numbered ninety six the next lot is numbered seventy eight and so the following lots decreasing to seventy two, then there is land left for a two rod way, then the next lot is numbered fifty seven, following to sixty four -The third range from the southerly side contains sixteen lots the eight westermost are of ninety acres each lot and the eight eastermost are one hundred acres each lot; the eight westermost lots are numbered from seventy nine to eighty six, and the eight easter- most lots from forty nine to fifty six and there is land left for a two rod way between the lot number fifty six and the lot number eighty six -The fourth range from the southerly side contains fifteen lots of one hundred acres each lot the eight easter- most lots are numbered from twenty five to thirty two, the westermost lot is num- ber seventeen and the following lots are numbered from eighty seven to ninety two and there is land left for a two rod way between the lot number thirty two and the lot number ninety two-The fifth range from the southerly side which is the third from the northerly side contains fifteen lots of one hundred acres each lot, the eight eastermost lots are numbered from thirty three to forty and the seven westermost lots are numbered from sixty-five to seventy one, and there is land left for a two rod way between the lot number thirty three and the lot number sixty five-The sixth range from the southerly side which is the second range from the northerly side con- tains fifteen lots of one hundred acres each lot, the seven westermost lots are num- bered from eighteen to twenty four, and the eight eastermost are numbered from forty one to forty eight, and there is land left for a two rod way between the lot number twenty four and the lot number forty one -
"The northerly range contains fifteen lots of one hundred and thirty acres each lot and are numbered from seventy two to eighty six and there is land left for a two rod way between the seventy eighth and seventy ninth lots -
"And there is a strip of land left at the westerly end of each of these Ranges except the northierly and southerly ranges; also at the easterly end of each of the easterly ranges except the fifth and sixth ranges, all which is set forth in a plan herewith returned, and all the lots are numbered upon trees and stakes at the corners of the lots as set forth in the Plan and this return - And this we make as our return of laying out said tract of land -
" Dated this twenty first day of November A D 1749
" SAML. PRESCUT
RICHARD NASON &Committee PAIN ROW
" PORTSMOUTH April 20th 1809, I hereby Certify, that I have Searched the Masonian proprietors records, and files, and cannot find any record of the foregoing report nor the original among said files "JEREMIAH LIBBEY Proprs Clerk "
* THE LOTS WERE THUS DRAWN :
Nos. Ranges.
Nos. Ranges.
For the first minister. 1 2 and 5
Joseph Jackson
4 2 and 5
Enoch Gove ...
2 2
5
Jonathan Gove. .
2 5 John Moffett, Esq. 3 2,5 6 Thomas Brown 6 5
2 5
78
HISTORY OF WEARE, NEW HAMPSHIRE.
[1749.
The first settled minister had two lots, the ministry two, the school two, the law four, the Masonians thirty, and the eighty grantees or town proprietors one hundred and sixty. The four law lots were given, by vote of the Lord Proprietors, the first two to Matthew Livermore and the second two to William Parker, both Portsmouth lawyers, to pay them for legal services .* Twenty acres were left for a mill privilege, taken out of number three in the fifth range, and John Moffatt was granted number three additional in
Nos.
Ranges.
Nos :
Ranges.
Jeremiah Pearson
7
2 and 5
John Green.
55
1 and 3
School Lot ...
8
2
5
James Lyndall ..
56
1
3
Elisha Prescutt.
9
2
4
Jotham Odiorne
57
1
2
Jonathan Swain ...
10
2
66
4
Richard Nason ..
58
1
2
Rev. Ebenezer Flagg
11
66
4
Benjamin Bancroft.
59
3
66
66
2
M. Hunking Wentworth .. 13
2
66
4
Nathan'l Meserve and others, 61
3
66
2
.Thomas Boyd. 14
4
6
Nathan Green.
62
3
2
Josiah Bachelder ..
15
4
6
Capt. John Tilton.
63
3
2
For the use of the Ministry .. 16
1
6
Joshua Pierce, Esq ...
64
3
2
James Prescutt.
17
4
60
6
Thomas Parker, Esq.
65
2
5
Abner Sanborn
18
6
60
6
John Wentworth, Jr., Esq. 66
3
66
5
John Robie.
19
6
6
Peter Shorcs.
67
3
5
Col. Hale ..
20
6
6
Reuben Sanborn. 68
3
5
Timothy Walker
21
6
66
6
Rev. John Chipman. 69
3
5
Bradbury Green.
22
6
6
Timothy Blake ..
70
3
66
5
Law Lot ...
23
6
6 Mr. George Jaffrey.
71
3
66
5
Jeremiah Bennett. 24
6
66
6
Reuben Sanborn, Jr.
72
2
66
7
Jacob Stanyan.
25
1
4
Ebenezer Prescutt. 73
2
66
7
Enoch Barker
26
1
4
Samuel Robie.
74
2
7
Joseph Hull .. 28
1
66
4 Nathan Tilton ...
76
2
66
Enoch Sanborn. 29
1
66
4
Benjamin Lyndc.
77
2
7
Benjamin Sweet 30
1
4
William Walker
78
7
Henry Robie .. 31
1
4 Henry Thresher.
79
3
66
7
Caleb Sanborn
1
66
Walter Williams 4
80
3
66
7
John Clifford.
33
1
5
Timothy Fuller ..
81
2
66
Johnı Gage ...
35
1
5
Joseph Meserve ..
83
3
7
Abner Philbrick.
36
1
5
Capt. Thomas Cram.
84
3
66
7
Richard Evens.
37
1
5
Theodore Atkinson, Esq. 85
3
7
Pain Row.
1
66 5
David Tilton 86
3
7
Jonathan Fifield.
1
5
Caleb Bennett. 87
4
7
Ebenezer Sanborn.
40
Samuel Lane .. 88
4
7
John Brown ..
41 1
6
Joseph Prescutt .. 89
4
7
John Gove, Jr
42
1
6
Samuel Solley and
90
4
66
7
Jacob Brown.
43
1
66
6 Clement March, Esqs.,
91
4
66
7
Elisha Bachelder
1
6
Richard Wibird.
92
4
66
7
Mark Hunking Wentwortlı ... 46 Nathan Brown.
47
1
6
Abner Sanborn, Jr.
94
4
7
Jonathan Steward. 48
1
6
Edward Gove .
95
4
1
3
John Thomlinson and {
.96
2
7
Thomas Wallingford, Esq. .. 51
1
66
3 Simon Fogg. 97
5
7
Hezekiah Jenness. 52 1
3 William Prescutt. 98
5
7
Col. Moore and
Judith Quimby ... 99
5
7
Mr. Daniel Pierce,
53
1
3
Jonathan Hilyard.
100
5
1
3
* " Province of New Hampshire. Portsmouth, July 25, 1750. House of Ann Slayton. The Proprietors met according to adjournment. Voted. Whereas Matthew Liver- more & Win. Parker both of Portsmouth have been advising, aiding and assisting the said Proprietors for many months last past, relating to their property, the said Proprietors do hereby give, grant and convey all the right, title and interest of said Proprietors to two of said reserved rights or shares. Where some of the lots of land in the draft of such division, have been called Law Lots that numbered one and called Law Lot shall be to the said Matthew Livermore, and the law lot numbered two to the said William Parker." - Lord Proprietors' Records, vol. i, p. 147.
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