USA > New Hampshire > Hillsborough County > Lyndeborough > The history of the town of Lyndeborough, New Hampshire,1735-1905 > Part 10
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I presume therefore it must have escaped your recollection, when you say that no return has been made of this survey. The land so laid out, is now declared by Col. Putnam, Major Goold, Rev. Mr. Goodridge & Esqr. Shepard to be equal to the com- mons in general, well wooded & laying near a sawmill, & what-
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ever old Mr. Rand might have said to you in a jocular manner, or might be said by others maliciously - it is supposed to be any day worth a dollar per acre or more. This I presume, must satisfy you of its being more than a tolerable proportion to the land lost,- especially when I assure you that I have myself, this week, agreed for the sale of one of my second division lots, near the centre of that town, for less than one dollar an acre. As to lots No. 4 & 5, they also were surveyed at the same time. No. 5 was found to be more than complete, & the committee thought it as reasonable to take off the surplus, as to add to No. 4 a deficiency that might be found in it.
But as you are pleased to say, the lots being drawn for & sold must stand as it is, be it more or less, we have ordered a new inspection of No. 4, & have made up that lot to the satis- faction of the purchaser, leaving No. 5 with all its overplus.
After this we presumed certainly upon having a final discharge from the Masonian proprietors, as from Gentlemen who must feel themselves by their most solemn promise under every obli- gation as men of honor to give it to us without a moment's delay. Instead of which we have a new demand for a deficiency in No. 6,- & we know not but some time hence still further de- mands will be made under the threat, that you or some other gentleman cannot acquiesce in the final division of the com- mons till these conditions are complied with.
But, Sir, the proprietors of Lyndeborough are not to be awed into endless submissions by threats contained in public or pri- vate letters. As to No. 6, I am directed to say, that We Know Not the State of that lot. It may be delinquent - but if it - is, we presume the fault is not ours, for it lies on the North Side of the town, which line we have for 30 years back been complaining to the Masonian Proprietors as being crowded too far South by Beton & others, who purchased Wallingford's lot, and have prayed their interference to do us justice by giv- ing to us who were the first purchasers the extent which our
*Wallingford's Lot No. 8, in Society Land, was an extensive tract of 5000 acres, more or less. It was sold for 200£, or about 1000 dollars. The purchasers were seventeen men, most of whom were from Derry, who, whether intentionally or not, crowded over & encroached upon Lyndeborough. This not only disturbed Judge Lynde, as appears from his letters, but also disturbed all the Lyndeborough proprietors. For, the en- croachment fell chiefly upon common land, in which all these proprietors were inter- ested. The names of the seventeen purchasers follow,- Samuel, William, and Adam Dickey, Thomas and William Boyd, Edward Aiken, and Edward Aiken, Jr., Jonn Taylor, William Butterfield, Samuel Fisher, Isaac Brewster, John MacKeen, John S(i)enter, Robert Barnet, Hugh Montgomery, John Hall, and James Betton. (Proprs. Records, last page. See also, Hist. Francestown, p. 429, which, however, gives but 15 names).
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charter gives us on that side. But we have not been able to procure from them the smallest exertions, not even to the mov- ing of one of their fingers, to displace the burden - by which we are losers of some hundred of acres. And if you also are a loser, it is no matter of admiration, but surely your complaints should not be sent to us.
I have therefore, only to say in behalf of the proprietors of Lyndeborough, that if the Masonian proprietors will carry back or cause to be carried back that line, so as to give us our just claim on that side and there shall then be any deficiency in No. 6, or any other lot bordering on that line, we will instantly make up the deficiency whatever it may be. This I presume, Sir, will convince you that we have done all that you, or any reasonable men could expect, and induce you to give us what you have so long denied us, A Full & Final Discharge. If this is still cruelly denied us- we must appeal to the powers which are above us.
I am Sir with due respect your most Obedient
Humble Servant,
Walter.
After the reading and considering of the preceding letter, Rev. Mr. Goodridge reported that he had attended Probate Court at Amherst the third Tuesday of October last, and observ- that the petition by mistake mentioned only the common lands in Lyndeboro, omitting those of Greenfield, he let the matter lie as though nothing had been done. "Voted, to take up the matter tomorrow evening. Met, according to adjournment, Nov. 2, 1796. Present, Dr. W. Walter, Mod., Rev. S. Good- ridge, Clerk, Hon. John Shepard Esq., Col. Philip Putnam, and Major Daniel Goold.
Voted, to withdraw the petition to the Judge of Probate for severance &c. and proceed to a division as the law permits without such application to Judge of Probate. Voted further, to appoint a committee of two judicious persons to set a value on the different pieces of common in Lyndeboro and Greenfield, and make a return of their valuation to the next meeting of the proprietors. Deacon Ephraim Putnam and Capt. Peter Clark were appointed this committee. Adjourned."
The second Tuesday of December, 1796, the proprietors met at Major Gould's in Lyndeborough, and the committee ap- pointed to value the several pieces of common lands reported, and their report was accepted. The Rev. Dr. Walter requested
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that as he was proprietor of the largest number of shares, he might be allowed the first choice; and the proprietors state, that " as we consider he has taken the lead in all matters that have been transacted in the meetings of the propriety since 1792, and been eminently serviceable to said propriety, voted, That he be allowed his choice in the division of said commons, provided he make his choice known at the next meeting."
"Voted, to sell land enough to pay the debt of 100 dollars ; and as there is uncertainty in respect to the admeasurement of several pieces of common land in Lyndeborough and Greenfield, voted, that Major Daniel Goold and Ensign John Savage be a committee to measure the same and make report thereof at the next meeting. Adjourned to meet at the same place, Major Goold's, the third Tuesday in April, 1797." At this meeting, December, 1796, the name of Jacob Flynn appears for the first time as one of the proprietors. He was a resident of Milford, and lived "in the north-west part of the town on the place more recently owned by John Rand. In addition to the business of farming, he at different times in his life was engaged in busi- ness as a taverner and trader. He was also repeatedly elected to town offices and engaged in the settlement of estates."*
Third Tuesday of April.
Major Goold, one of the committee chosen to sell a piece of land in order to pay the debt, reported that sickness and deaths in his family had prevented his attention to the matter of making any sale; and reported further, that he and Ensign Savage, who had been appointed to take measurements of the several pieces of common land in Lyndeborough and Green- field, had found it impracticable to proceed on account of the unfavorable season, but would do so whenever the season per- mitted. Rev. Mr. Goodridge named the several pieces of common land chosen by Dr. Walter, viz., "The land in com- mons near Mr. Flynn's, near the Widow Peabody's, the land on which Joseph Epes & Timothy McIntire live, also the land on which Ebenezer Hutchinson dwells, & any commons adjoining said pieces, or near his two lots No. 2 and 5, on Amherst line." Meeting adjourned to the second Wednesday in June at 9 A. M. at the same place.
Second Wednesday in June, 9 A. M. Major Daniel Goold's in Lyndeborough.
Major Goold was chosen moderator; and he reported that he
* Milford Hist., pp. 184 and 185.
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HISTORY OF LYNDEBOROUGH
and Ensign Savage, with Andrew Fuller Esq. as surveyor, "had gone over the several pieces of commons concerning which there was any doubt and have made a plan which they offer to the proprietors as a true account of the quantity of the commons in Lyndeboro and Greenfield." Voted that the same be accepted. Several accounts of the clerk, the committee, and others for services were presented, allowed and by vote ordered to be paid. Voted, to sell to Dr. Walter a strip of land East of the Scataquog Hills sufficient to pay all his demands ; and that a deed be executed by the clerk for the same in the name of the "Propriety." A vote was taken, confirming to Rev. Sewall Goodridge the two pieces of land granted him by the proprie- tors as part of his settlement, referred to Feb. 11, 1778. It was voted, also, to place on record in the proprietors' book, a list of the commons in Lyndeborough and Greenfield, containing the number of pieces, the quantity of acres, and the value by apprisement this day exactly taken ; which is as follows :
LIST OF COMMONS IN LYNDEBOROUGH AND GREENFIELD, THEIR QUANTITY AND VALUE.
No.
Acres
Apprized at
Value
I
Near Amherst contains
25
$6. per ac.
$ 150
2
East of Scataquog
606
I.
606
3
On Amherst line
129
3.50 "
451.50
4
In two pieces, Hutchinson Jos. Epes & McIntire
50
3
J50
I30
4
520
5
South of Fletcher grant
231/2
2
47
6
Joins Francestown
3.56
5
I780
7
West of Swan lot
29 1/2
2
59
8
Northwest cor. old Lyndeborough
24
36
9
Near Wilton in two pieces
II7
175.50
10
Near Mr. Flynn
177
3
531
Whole number of acres
1667
$4506 value
This sum, 4506 dollars was to be divided into 43 shares, which which would give for each share the sum of $104.79.
I. It was proposed to offer Dr. Russell a small piece of about 12 acres near Johnson's poor land, provided he will pay Esq. Fuller for a plan of old Lyndeborough and commons as directed by the proprietors this 13th of June, 1797, and the clerk to give a deed.
2. Voted, that Rev. Dr. Walter have leave to choose out of the pieces of commons as many as shall amount to the shares which he claims in value, that is, 1466 dollars. Dr. Walter presented a list of the pieces which he had chosen, numbers
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1, 3, 4, 9, 10, amounting, it is stated (erroneously), to 493 acres (should be 498). This land was valued at 1458 dollars. " Voted, that his choice be and hereby is allowed ; " and ordered that " the clerk execute deed for the same to him, his heirs and assigns forever." Voted various portions of this land described to the other shareholders, and directed the clerk to give deeds of the same to the several persons, their heirs and assigns for- ever. Such deeds were issued to Major Daniel Goold, Mr. Joseph Sweet by his agent, Rev. Sewall Goodridge, Mr. John Savage, Mr. Jacob Flynn, Col. Philip Putnam, Dr. B. Lynde Oliver, Andrew Oliver Esq. and Mary Oliver, his wife. Voted, "That all and every of the votes and transactions of the pro- priety in this and all the foregoing meetings be and they are hereby confirmed and ratified. Voted that this meeting be ad- journed to the first Wednesday of October next, at 9 o'clock A. M., at this place.
Met as by appointment above ; but as the weather was very stormy, adjourned one week. The second Wednesday in October, at Major Goold's in Lyndeborough. Present -Major Daniel Goold, Mod .; Rev. Sewall Goodridge, Clerk, and agent for several proprietors; and (two new names) Mr. Joseph Crosby on a half share of Mr. Wells and Mr. Daniel Pearson, as agent for the heirs of David Nichols.
David, or Daniel Nichols drew common land on home lot No. 52, Jacob Wellman, on home lot No. 57. Timothy Hartshorn and Elizabeth Pearsons, widow, heirs to Daniel Nichols, had 10434 acres of land laid off to them on the south-east corner of No. 2, West and North of Jacob Wellman. Joseph Crosby had 52 acres laid off to him on Mr. Wells' Right, west of Nichols' share No. 2.
At the meeting in June, 1797, Dr. B. Lynde Oliver had three shares voted him, which by some mistake ineasured equal to two. They voted him land sufficient to make up his quantity immediately west of the shares already laid off to him in No. 6, thus completing his full portion. At the request of the Widow Stevenson, twenty-three and three-fifths acres in No. 6 were as- signed her immediately west of Dr. B. L. Oliver's.
The proprietors thus endeavored to close up matters and settle all accounts. But the hindrances seemed endless. There were delays on account of bad weather, on account of sickness and death, on account of mismeasurements of surveys and re- surveys, of corrections of bounds, of valuations and apportion-
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HISTORY OF LYNDEBOROUGH
ments, of faults in the writings and legal impediments, on account of trespassers and law suits and various errors of state- inent and difficulties of settlement, and of failure to send plans. After the business seemed on the very point of completion, some new complication, some provoking interruption, caused a halt in proceedings, and a readjustment was required, which postponed complete and final settlement.
Having voted Dr. Walter first choice in the common lands and fully paid all their obligations to him, the other proprietors considered him no longer one of their number. He had been their treasurer for several years, and now that he was to cease connection with them it became necessary to appoint a new treasurer to take charge of the treasurer's book, reckon with the late treasurer, receive any funds which might remain in his hands, and give receipt for the same.
Major Goold was chosen to this office. At the next meeting of the " Propriety " he made written report as follows :
Boston 23, February 1798.
We the underwritten William Walter & Daniel Goold do hereby certify that agreeable to the vote by the proprietors of the common & undivided lands in Lyndeborough & Green- field in the State of New Hampshire, at the meeting by adjourn- ment held at said Lyndeborough on the 2nd. Wednesday in October 1797, appointing Major Daniel Goold their Treasurer in ye room Rev. Dr. Wm. Walter, resigned ; and directing said Goold to reckon and settle with said Walter the late treasurer. That we have this day settled ye accounts of sª Walter with ye proprietors aforsd & there appeared a ballance due to sª proprie- tors of seven pounds & two pence, which ballance sª Walter paid to sd Goold & took his receipt for the same in full of all de- mands- £7-0-2 William Walter Attest Harriot T. Walter. Daniel Goold
Voted that this report be accepted & recorded.
Among the transactions on record for the years 1798 and 1799 were the assigning of several portions of the common lands to the persons named as follows : Timothy Hartshorn, Elizabeth Pearsons, Joseph Crosby, B. L. Oliver, Widow Stephenson, Capt. Jonathan Peel, Nathan Read, Samuel Wells, Esq., Major Daniel Goold, Joseph Peabody, Asa Howe, Stephen Goodhue, Hon. Benjamin Goodhue, Esq., John Harwood, Phineas Lund, Oliver Perham. Deeds were given to these by the clerk. Dr.
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Russell accepted the twelve-acre lot adjoining Johnson's poor land on the proposed conditions, and sold his right to Eliezer Woodward in November, 1799. When, however, he presented the plan of the town of old Lyndeborough with the several lay- ings out of the commons by said "Propriety " since 1792, to be examined by the proprietors, they found errors in it. Conse- quently they voted to accept the plan "when the errors were rectified by said Esq. Fuller,- but not till then, &c. &c. &c."
Dr. Russell considered his part of the contract fulfilled, and sold the land to Eliezer Woodward. He therefore petitioned that the deed which was to be given him should be transferred to Mr. Woodward ; which petition was granted, and an effectual deed executed to said Woodward.
A method of paying debts was adopted. Accounts for service rendered were presented and allowed by vote and duly paid. Adjourned to the second Tuesday in May, 1800. Met, but owing to absence of Major Goold, adjourned further to the second Tuesday in June, 1800.
Met according to adjournment and voted that the deed be- fore transferred from Dr. Russell to Eliezer Woodward, be further transferred from Eliezer Woodward to James Ordway, and that the clerk be directed "to execute a good & effectual deed to said Ordway."
Voted, that the clerk be and hereby is " impowered to call on all who are indebted to the propriety to make immediate pay- ment, as they will thereby avoid immediate prosecution."
Adjourned to the second Tuesday in October, at this place ( Major Goold's), at 9 o'clock A. M.
The proprietors met as above stated; but as the clerk was called to attend Superior Court, the meeting was further ad- journed to the third Tuesday in October, at the same place and hour.
Met the third Tuesday in October, 1800. Present, Amos Whittemore, Jr., on right of Joseph Blaney, Esq., deceased, moderator ; Rev. Sewall Goodridge, clerk, representing several proprietors ; Major Daniel Goold, Jacob Wellman, on Peabody's right. After consultation it was agreed that, "whereas it is necessary that the proprietors' accounts be brought to a close as soon as may be, therefore, Voted, The Rev. Sewall Goodridge & Mr. Jacob Wellman be a committee to reckon & settle with Major Gould, Treasurer, & make report at next meeting."
Fully authorized by law, the proprietors then voted, "That
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HISTORY OF LYNDEBOROUGH
all & every of the votes & transactions of the propriety, in this & all the foregoing meetings : be & they are hereby ratified and confirmed." Adjourned to the second Tuesday of December next, at this place, at 9 o'clock A. M.
The proprietors met the second Tuesday of December, 1800. The committee chosen to reckon with the treasurer reported, that "they had attended to that business & found that the Treasurer had received Money & securities amounting to £74- 7-II ; & had paid orders amounting to £52-6-4 ; " & that there was due from himself & others, responsible parties, sufficient to balance the account." The report was accepted. Several ac- counts for services were presented and accepted ; and at his re- quest the remaineer of lot No. 6, was deeded to Mr. Amos Whittemore, as his full share of two rights of common, on Blaney's original right. The meeting was then adjourned to the second Tuesday of September next, at this place, at 9 o'clock A. M.
The proprietors met the second Tuesday in September, 1801. Voted that Jacob Wellman be impowered to sell a certain piece of common land lying below Purgatory, so called, and voted, that as there was an uncertainty respecting a piece of land said to be common, in the northeast corner of the town adjoining New Boston, Esquire Fuller be impowered to go and measure the same. Adjourned to the 4th Tuesday of this September, at this place at 9 o'clock A. M.
The fourth Tuesday of Sept .- Met as by adjournment. Major Gould .was chosen moderator pro tem. Esquire Fuller reported that he had run the line of the lot on the Northeast corner of Lyndeborough, adjoining New Boston, and that there is left in common 94 rods in length and 25 rods in breadth, equal to about 1433 acres. James Ordway showed his right by assignment of Adam Johnson, to a piece of land and a deed of the same was voted to him. Meeting adjourned to second Tuesday of Sept., 1802.
Second Tuesday of Sept., 1802. Met as by adjournment. Present, Amos Whittemore, moderator ; Major Gould, Sewall Goodridge, clerk, and Jacob Wellman.
The meeting opened and Jacob Wellman reported that he had sold a piece of land near Purgatory, so called, supposed to contain 19 acres, to Mr. Josiah Dodge for $1.25 per acre. The sale was confirmed and a deed voted. Rev. Sewall Goodridge was impowered by vote, to sell a piece of land in the northeast
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corner of Lyndeborough, near New Boston; and Mr. Amos Whittemore was impowered to sell a piece in Greenfield and make report ; and the clerk was directed to give a deed. Ad- journed to the 4th Tuesday in October next, at 9 o'clock A. M., at Major Gould's.
The fourth Tuesday in October, 1802. Met as by adjourn- ment. Mr. Amos Whittemore, moderator, Rev. Sewall Good- ridge, clerk. Mr. Goodridge reported that "he had not sold the land assigned him for want of a purchaser." Mr. Whitte- more reported in the same words. Mr. Goodridge offered twenty dollars for a certain piece of common land, described ; and the same was sold to him, and the moderator was im- powered to give a deed. Meeting adjourned to the fourth Tues- day in April next, 1803, at 9 o'clock A. M., at the same place.
Fourth Tuesday in April, 1803. Met as by adjournment. Mr. Amos Whittemore, moderator, Rev. Sewall Goodridge, clerk. Major Gould, treasurer, and Mr. Jacob Wellman, present. The vote of the last meeting to give deed of a certain piece of land to Rev. Sewall Goodridge was annulled ; because it ap- peared that a part of the same had been previously voted to Mr. Solomon Cram. The meeting adjourned to the first Tues- day in June next, &c.
The first Tuesday in June. Met according to adjournment. Present, Major Gould, treasurer, Mr. Goodridge, clerk, and Mr. Jacob Wellman. Voted, that Rev. Sewall Goodridge be allowed and have 8 acres in the common land of No. 9, south of land sold to Solomon Cram, at one dollar per acre, Mr. Amos Whittemore, moderator, to give the deed. Adjourned to the 4th Tuesday of June, 1803.
The fourth Tuesday of June, 1803. The proprietors met as by preceding vote, Mr. Amos Whittemore, moderator, absent. Therefore adjourned to the first Tuesday in July, 1803.
The first Tuesday of July, 1803. The proprietors met ac- cording to adjournment. Present, Mr. Amos Whittemore, Jr., moderator, Sewall Goodridge, clerk, Major Gould, treasurer, and Mr. Jacob Wellman. The moderator reported that "he had not sold the common land in Greenfield, but had a pros- pect of selling the same very soon." Therefore, voted to ad- journ to the first Tuesday in August, 1803, to this place at 9 o'clock, A. M.
The first Tuesday in August, 1803. Met as by vote of pro- prietors. After consultation, it was agreed to view the remain-
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HISTORY OF LYNDEBOROUGH
ing common land in No. 9. The moderator, Mr Amos Whitte- more, Mr. Goodridge and Mr. Jacob Wellman offered them- selves as a committee for said purpose, and immediately to pro- ceed to business, which offer was accepted and they proceeded accordingly. On returning, they reported that it was best to have the same surveyed. Voted that Mr. Amnos Whittemore, Jr., survey the same and make report at next meeting. Voted to adjourn to the last Tuesday of this inst. August, 1803, at 9 o'clock A. M.
The last Tuesday in August, 1803, the proprietors met ac- cording to preceding vote. Present, Amos Whittemore, moder- ator, S. Goodridge, clerk, Major Gould, treasurer, and Mr. Jacob Wellman.
The meeting being opened, the following preamble and vote were agreed to: "Whereas it is made plain to the proprietors that the land in common remaining is not sufficient to pay the debts of the propriety, therefore, Voted, that each creditor take ye remaining land in proportion to ye several as they see fit, by paying other claimants &c., leaving a small piece of common &c." "Voted to adjourn this meeting to the last Tuesday in Sept. next, then to meet at this place, Nine o'clock A. M. Sewall Goodridge, clerk."
OBSERVATIONS OF TRANSCRIBER.
Having now finished transcribing and placing in a clearer light a large portion of the old records of the proprietors of both the Salem-Canada and Lyndeborough grants, the writer feels prompted to add, that so far as records can indicate the charac- ters of the early proprietors, their posterity and successors have just cause for honoring their memory. They were men of sterling qualities, liberal-minded, fair dealing, confronting grave difficulties with courage and patience, forbearing toward lax and delinquent associates, generous to the settlers upon town lands, soliciting peaceful rather than litigious courses, but reluctant to endure encroachments and recalcitrant toward in- sidious, diplomatic robbery. Never is there a suspicion aroused of their resorting to trickery or finesse. They endeavored to act justly, to correcr errors, to atone for deficiencies, and honor- ably to fulfil their agreements. Their thorough paced effi- ciency and uprightness in business transactions enhances our admiration for the founders of our town. They appear to have been endowed with rugged honesty and genuine manliness.
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Many of our early proprietors bore official titles, which was a matter of importance in colonial days, even as now in Canada, where people assume that only those eschew titles who are not authorized to wear them. Among our people were some colonels, some majors, several captains, lieutenants, ensigns ; and one or two deacons. At least one was a Harvard graduate, Chief Justice of the State of Massachusetts, and of most honorable character and record. Commencing with such aus- pices, it is the less surprising that our citizens have been, in general, quiet, industrious, prosperous and patriotic, upright, law-abiding, kind and generous. The town has been remarka- bly free from vicious elements, and among the more intelligent people of sister towns, holds an honored place for its genuine worth.
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