USA > New Hampshire > Hillsborough County > Lyndeborough > The history of the town of Lyndeborough, New Hampshire,1735-1905 > Part 3
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And Massachusetts sympathized deeply with their deplorable condition, and in her kindness to them refused any assistance to New Hampshire in running the line. But New Hampshire surveyors in 1741 did the work, just a century after the first union with Massachusetts ; and the line thus surveyed still remains, with very slight change, the southern boundary of our State.
The right by which Massachusetts granted townships in New Hampshire to her veterans and their descendants is thus indicated. It was a right usurped and unjustifiable from the first. Her jurisdiction over New Hampshire had been set aside more than sixty years before; but not till 1740 had her terri- torial limits been clearly and positively marked and specified. But this very satisfactory result to the State brought serious difficulty to many of the settlers.
THE MASONIAN CLAIMS
The settlement of the boundary line between New Hampshire and Massachusetts quite unsettled some matters of very grave importance. If Massachusetts had made grants of townships
18
HISTORY OF LYNDEBOROUGH
within New Hampshire territory where she had no legitimate right of control, it is very clear that such grants would be illegal and void. They were so regarded ; and the rightful heirs to the lands so granted began to assert their claims to them.
JOHN MASON, the original grantee of New Hampshire, died without male issue in 1635. He had but one child, his daugh- ter Anne, who married Joseph Tufton and had two sons, John and Robert. The oldest son died in childhood and the inheritance passed to his brother Robert, who reached man- hood in the troublous times of the first Charles, when the nation was sorely rent by dissension and civil war. The Mason family were royalists and when the iron hand of Cromwell dashed royalist hopes and fortunes to shivers, they wisely remained inactive and held their claims in abeyance, making no assertion of their rights. It was an evil time. Confisca- tion and attainder were rife and prudence dictated the policy of silence. But after the Restoration Robert Tufton, who had assumed the name of Mason in order to secure his title to the inheritance, petitioned the King for a recognition of his rights. The case was referred to the Attorney General, who reported that " Mason had a legal right to New Hampshire."
For about thirty-seven years Massachusetts had been govern- ing New Hampshire. By what authority was a natural question. She could produce none except the consent of the governed, which by skilful manipulation she had been able to secure. Commissioners were appointed to investigate and determine matters of common and heated dispute. One of these commissioners, Edward Randolph, was a relative of Mason, who came to act in his interest. He was cordially dis- liked by the Massachusetts authorities because he was too open-mouthed and told too much truth. His caustic and too vividly truthful delineations of the cruelties and usurpations practised by that intolerant government were published in England, and aroused not only royal but also popular indigna- tion. As a result a revocation of the charter of Massachusetts was threatened and a few years later was actually effected.
The claim of Mason was regarded as so strong, and was so favored by the king, that the next year New Hampshire was separated from Massachusetts and constituted into a Royal Province with its own independent government.
But neither the New Hampshire government nor the people,
19
GENERAL INTRODUCTION
as a whole, favored Mason's claims. They were anxious, if possible, to evade quit rents and defeat his title to the original ownership of the soil. In this they failed. But their hostility to his claims was so bitter and effective that his attempts to secure any benefit from them were baffled. Members of the new government combined with the people to defeat his claims, though these had been adjudged by the highest authority in the kingdom to be just and legal.
Robert Mason died in 1688, bequeathing his claims and con- troversies to his sons, John and Robert. They soon sold their rights to Samuel Allen, a wealthy merchant of London, who was afterward commissioned as Royal Governor. But the people were as bitterly opposed to him as to Mason, and he died without receiving any special advantage from his purchase. The law at a later day, decided that Allen's title was techni- cally defective. The estate had been entailed, and the decision was that its possessor had no power to sell or alienate it beyond his own lifetime. Hence, after the death of John Tufton Mason his brother Robert held legal title to New Hampshire, in opposition to the claims of the heirs of Governor Allen.
In 1743 it was, however, finally decided that Col. John Tuf- ton Mason's right was unquestionably valid. After this decis- ion he offered his estates for sale to the Provincial Government. Action in regard to his offer was dilatory. He urged haste on the ground that other parties desired to purchase. The government finally came to a decision ; but too late! On the very day that they agreed to accept his offer he had sold his lands, in fifteen equal shares, to a syndicate of twelve men in Portsmouth, who afterwards managed and controlled them. These men were thenceforth known as "The Masonian Pro- prietors," or often as "The Lord Proprietors of Mason's Claims." Their names and the number of shares which they owned will be found in Chapter V of this History. These hav- ing purchased Mason's title afterwards compelled the settlers to secure from themselves the titles which alone were valid, to the lands on which they had planted their homes. Colonel Joseph Blanchard of Dunstable became their agent ; and the towns which had been previously chartered by the government of Massachusetts found their charters annulled by the new proprietors, and new titles to their lands must be procured from him. These titles or charters were usually issued by the
20)
HISTORY OF LYNDEBOROUGH
proprietors of lands purchased of John Tufton Mason, Esq., and were signed by their agent, Joseph Blanchard.
Having thus briefly glanced at several of the steps leading to the history of our township, we are now ready to enter intel- ligently into its direct record.
.
ON PETERBOROVO SLIP SIXMILES & THRE QUARTERS
JOO ACRES.
CONVERS
3
4
7
11
12
15
10
18
14
3
COMMON
240RODS
1
2.
5
O
9
0
13
/4
17
COMMON
RFLETCHOR GRANT ISDA
A
5
WHITEASHTREE
35
3.6
49
50
63
64
82
99
100
117
/18
7
8
COMMON 7
LUIS STILES
34
37
48
51
02
65
80
83
101
116
119
10
8
WIDOSTEVENSON
B.LOLIVER
14
33
38
47 .
52
61
66
79
84
97
115
120
9
TO WHITE ASH TREE
32
3:
46
53
60
67
78
85
90
10J
114
2/
.
13
/2
A
3/
40
$5
54
59
68
77
86
95
104
113
122
FIVE MILE
30
A
+4
55
58
69
70
87
94
105
//2
/23
5
70
29
42
43
56
PEABODY B.GOODHUE 70A
SW.CRAM
/26
7/
74
89
92
107
110
125
3
COMMON
34
44
61
JOHNSON
35
45
00
S.G. COMMON 7
127
72
73
20
91
108
109
FLINN
OLIVER
OLIYER
WALTER
COMMON
/
5
18
28
38
48
67
GROSBYL SHEAB-
PEARSON
JOHN HARROD JE
NATHANREAD
PEIRSEN
PEIRSE
COMMON 4
NEW BOSTON 2 MILES + Ź
THIS PLAN
2
21
25
22
24
52
53
ADDITION
2
/
10 COMMON
/
2
3
PEABODY HOME COMMON 3
AMHERST WEST LINE 4 MILES AND 123 RODS
1. Annexed to Temple, 1796.
2. Taken to form Greenfield, 1791.
3. Annexed to Francestown, 1792.
4. Annexed to Mont Vernon, 1852.
5. Annexed to Milford, 1873.
4
19
27
39
3
20
26
40
50
55
8
7
0
5
NEW BOSTON / MILE BOR.
4
DOC. WALTERS
722+ 88A008
32
+2
33
+3
02
498 RODS
36
46
59
6
17
29
37
47
58
WEST
HOUSE MEETING
75
93
100
124
10
11
LOTT
SWETT
8
GOOLO
HUTCHINSON
COLLONET
7
FRANCESTOWN IMILE
WILTON
CAWHITTEMOR
CANHITTEMOR PEABODY
BURNHAM
o
LOTY
RSMAN
3MILES O A QUARTER
JUDGE OLIYER
7
ASWAN
FRANCESTOWN
NEW BOSTON SMILES 120 R
126
2
WYELMAN
COMMON 182
-
T
51
54
/
LAID DOWN BY A SCALE OF ANINCH & HALF TOONE HUNDRED SIXTYRODS ATTEST BY ANDREW FULLER SURVEYOR
RICHARD COOLO
9
6
PART I.
Salem-Canada and Lyndeborough.
CHAPTER I.
The Province of Massachusetts laid strenuous claim to a large portion of New Hampshire to which both King and Council agreed that she had no just right. A few years later the same authority decided that the heirs of John Mason had a valid right to all the territory granted to Mason in 1629.
But Massachusetts had for years been granting townships in the very territory included by the bounds of Mason's charter, as a reward to soldiers who had served in her wars. Salem- Canada was one of the townships thus granted. We now present some of the records of the Massachusetts legislature bearing on the matter.
[Mass. House Journal, June 18, 1735.]
Colonel Chandler from the Committee for Lands, reported on the Petition of Samuel King, and others, who were in the Expedition to Canada in the year 1690, or the descendants of such as were lost or are since dead; which was read and ac- cepted, and Voted,
* That the prayer of the Petition be granted, and that Mr. Samuel Chandler and Captain John Hobson, together with such as shall be joined by the honorable Board, be a Committee at the Charge of the Government, to lay out a Township of the contents of six miles square, West of the Narragansett-Town- ship, Number Three; and that they return a Plat thereof to this Court, within twelve months for Confirmation ; and for the effectual bringing forward the Settlement of the said Town ; Ordered,
That the said Town be laid out into sixty-three equal shares, one of which to be for the first settled Minister, one for the Ministry, and one for the School, and that on each of the other sixty shares the Petitioners do within three years from the
* Batchellor, Vol. XXIV, p. 172.
22
HISTORY OF LYNDEBOROUGH
Confirmation of the Plan, have settled one good Family, who shall have a House built on his Home-Lot of eighteen feet square and seven feet stud at the least, that each Right or Grant have six acres of Land brought to and plowed or brought to English Grass and fitted for mowing, that they settle a learned and orthodox Minister, and build and finish a conven- ient Meeting-House for the publick Worship of GOD, pro- vided that in case any of the Lots or Rights are not duly settled in all regards as aforesaid, then such Lot with the Rights thereof to revert to and be at the disposition of the Province. Sent up for Concurrence.
[Mass. Court Records, June 19, 1735.]
* A Petition of Samuel King and others, who were in the Expedition to Canada in the Year 1690 and the Descendants of such of them as are dead, praying for a Grant of Land for a Township in Consideration of their or their Ancestors Suffer- ings in the said Expedition.
In the House of Representa Read and Voted that the prayer of the petition be Granted and that Mr. Samuel Chandler and Mr. John Hobson, together with such as shall be Joined by the Honble Board, be a Comtee at the Charge of the Govern- ment to lay out a Township of the Contents of Six Miles Square and West of the Narragansett Town Called Number three and that they Return a Plat thereof to this Court within twelve Months for Confirmation ; and for the more Effectual bringing forward the Settlement of the said New town, Ordered that the said Town be laid out into Sixty-three Equal Shares, One of which to be for the first Settled Minister, One for the Ministry, and one for the School, and that on each of the other Sixty Shares the Petitioners do within three Years from the Confirma- tion of the Plan have Settled One Good family who shall have a house built on his Home lott of Eighteen feet Square and Seven feet Stud at the least, and finished, that each Right or Grant have Six Acres of Land brought to and plowed or brought to English Grass and fitted for mowing; That they Settle a learned orthodox Minister and build and finish a Con- venient meeting house for the public worship of God; pro- vided that in Case any of the Lotts or Rights are not duly Settled in all Regards as aforesaid, then such Lott with the Rights thereof to Revert to and be at the Disposition of the Province
* Batchellor, XXIV, p. 173.
23
SALEM-CANADA
In Council Read & Concurr'd and Samuel Welles Esq' is Joined in the Affair
(STATE PAPERS NEW HAMPSHIRE, Batchellor, Volume XXIV. TOWN CHARTERS, Vol. I.)
[Mass. House Journal, June 1, 1736.]
A Plat of the contents of six miles square of Land with an allowance of one thousand and eighteen acres for Waste &c. surveyed and laid out by Stephen Hosmer, Jun. Surveyor, and two Chain men on Oath, to satisfy a Grant of this Court of the 18th of June last, in answer to the Petition of Samuel King and others, Officers and Soldiers in the Canada Expedition Anno 1690, and their descendants &c. was presented for allowance. Read and Ordered, That the Plat be accepted, and the Lands therein delineated and described be and hereby are confirmed to the Officers and Soldiers mentioned in the Petition of the said Samuel King, and others, and the heirs legal Representa- tives and Descendants of such of them as were lost, or de- ceased in or since the Canada Expedition Anno 1690, and to their heirs and assigns respectively forever, they complying with the Conditions of the Grant ; provided the Plat contain no more than the quantity of twenty-four thousand and fifty-eight acres of Land, and does not interfere with any former Grant ; the said Lands lying West of Salem Narragansett Town num- ber Three, on the North of Souheeg River, beginning at a Spruce Tree and runs North by the Needle two thousand one hundred ninety one Perch on Province Land, and then East on Province Land to said Township of Salem, South on the Town- ship of John Simpson and others, West on Duxbury School Farm .* Sent up for Concurrence.
Layd out In May 1736 a Township of the Contents of Six Miles Square or 23040 acres and 1018 acres allowed for water &c. which was Lay'd out to Sam11 King and others Canada Soldiers In the year 1690 Lying on the west of Salem Narra- gansett Town No 3 on the North Side of the Souheeg River Bounded as follows Beginning at a. Spruse Tree and runs North By the Needle 2191 Perch on Province Land To a hemlock Tree marked then Runs East 1558 Pearch on Province Land To a Township adjoining To and Lying North of Salem Narra- gansett Town No 3 then Runs South on Said Township 640 perch to Township, granted to John Simpson & others Then
* Batchellor, XXIV., p. 174; Ibid, p. 176.
24
HISTORY OF LYNDEBOROUGH
Runs East on sª Township 402 perch To a stake & Stones then runs South 1467 Perch on said Salem Narragansett Town then runs west 480 Perch on Duxbury School Farm to a stake and heap of Stones then Runs South 13 Perch on Said Farm To a popler Tree Marked then Runs west 1460 perch To the Spruse Tree First Named on Province Land all which May appear By the plan above Layd Down by a Scale of 216 Pearch To an Inch the Swagg of Chain In this Township is 3 perch In one Hundred : by order of the Honorable Sam" Welles Esq" and Mr. Sam" Chandler
Stephen Hosmer Junr Surveyor
In the House of Representatives June 1, 1736 Read and Ordered that the plat be Accepted, and the Lands therein delineated and described be and hereby are confirmed to the officers and soldiers mentioned in the petition of the said Samuel King and others, and the Heirs, legal Representatives and Descendants of such of them as are lost or deceased in or since the Canada Expedition Anno 1690, and to their Heirs & Assigns respectively for ever they complying with the Condi- tions of the Grant provided the plat contains no more than the quantity of twenty-four thousand & fifty Eight Acres of Land, and does not interfere with any former Grant. The said Land lying West of Salem Narragansett town Number three on the North of Souheeg River beginning at a spruce Tree & runs North by the Needle 2191 perch on province Land, & then east on province Land to Salem Narragansett Township Number three South on the township of John Simpson and others, West on Duxbury School ffarm
Sent up for Concurrence J. Quincy Spkr In Council June 2 1736 Read and Concurred
17 : Consented to,
J. Willard Sec'ry
J. Belcher
[Mass. Court Records, June 2, 1736]
A plat of a Township of the Contents of Six Miles Square, with the Allowance of One Thousand & Eighteen Acres for Water &c.
Surveyed & Laid out by Stephen Hosmer junr. and Chain- men on Oath, to Satisfy a Grant made by this Court in Answer to the petition of Samuel King and others ; lying on the West of Salem Narragansett Town Number three, on the North side of Soheag River ; bounded as follows, beginning at a Spruce
25
SALEM-CANADA
Tree & Runs North by the Needle Two Thousand One hun- dred & Ninety One perch on province Land to a hemlock Tree Marked ; then Runs East one Thousand five hundred & fifty Eight perch on province Land to a Township Adjoyning to & lying North of the said Narragansett Town Number three ; then Runs South on said Township Six hundred and forty perch to the Township Granted to John Simpson and others, then Runs East on said Township four hundred and two perch to a Stake & Stones then Runs South One Thousand four hundred and Sixty Seven perch on said Narragansett Town, then Runs West four hundred & Eighty perch on Duxbury School farm to a Stake and heap of Stones ; then Runs South thirteen perch on said Farm to a poplar Tree marked ; thence Runs West One Thousand four hundred and Sixty perch to the Spruce tree first named on province Land .*
ADVERTISEMENT.
NOTICE is hereby given to all persons Claiming an Interest in ye Grant of a Township, made by ye Great and Generall Court or assemby to Samuel King & others who were, or are Descended from such as were in ye Expedition to Canada Anno 1690,
That ye Said Township is Laid out, and ye Comt pur- pose to meet att ye House of Mrs. Pratt att Salem, On Wednes- day ye Ist Day of Septr Next att Ten o'clock before noon to admit persons according to ye Grant, and take bond for their fulfilling the conditions.
p ord. of ye Comitte Samuel Wells
BOSTON July ye 8, 1736.
The meeting occurred in accordance with the above notice, and the list of the persons admitted into the township on the first and second days of September, 1736, follows :
A List of the persons admitted into ye Township Granted by the General Court to Capt. Samuel King and others on ye first & second Days of September anno 1736.1
Capt. Samuel King on the right of Ensign John King Capt. Samuel King on the right of John King's Servant Joseph Blaney, Esq™. on the right of Joseph Blaney Mr. Joseph Sweat on the right of Joseph Sweat
* Batchellor, Vol. XXIV, p. 177. +Proprs. Records, p. 4
26
HISTORY OF LYNDEBOROUGH
Mr. Roger Derby on the right of Charles Derby Daniel Epes Jun' on the right of Wm. Derby William King on the right of Capt. Daniel King Peter Martin on the right of John Martin William Hine on the right of Benja Norman Daniel Epes Jun' on the right of Edward Britton Thomas Cloutman on the right of William Potes William Webb on the right of John Smith Benja Codner on the right of Christº Codner Joseph Halett on the right of Thomas White Daniel Epes Jun' on the right of John Legroe David Foster on the right of Jonathan Foster Bartholomew Jackson on the right of George Jackson John Dodd on the right of John Dodd Samuel Osgood on the right of John Walk Joseph Hilliard on the right of David Hilliard Abell Robinson on the right of William Robinson Cornelius Tarbell on the right of Nicholas Ford Daniel Epes Esqr. on the right of John Boen Daniel Epes Esqr. on the right of Richard Blanch John Gyles Jun" on the right of John Andrews Jonathan Peal on the right of George Peal Ephraim Ingalls on the right of Samuel Clay John Gardner on the right of Michael Coomes Isaac Williams on the right of Jona Williams Robert Swan on the right of Joel Hunt Daniel Epes Jun' on the right of John Pickworth Edward Trask on the right of William Trask Isaac Knap on the right of Isaac Knap Simon Orn on the right of William Norman Simon Orn on the right of Archeball Furgason Stephen Daniel Jun' on the right of Stephen Daniel John Bartell on the right of Thomas Forten John Bartell on the right of Robert Bartell Benja Goodhue on the right of Thomas Searl Isaac Knap on the right of Jams Knap Joseph English on the right of Thomas Beadle Samuel Swasey on the right of Stephen Swasey Joseph Hilliard on the right of Edward Hilliard Jonathan Verry on the right of John Verry Jonathan Verry on the right of John Archer John Procter on the right of Benja Procter Phillip English on the right of Joshua Hollingsworth Benjamin Lynde, Jr. Esq' on the right of Peter Collier Capt. Joseph Bowditch on the right of William Bowditch Mr. Joseph Hilliard on the right of Richard Petors William Tapley on the right of Robert Tapley William Tapley on the right of John Tapley William Dixey on the right of Samuel Dixey Samuel Wells Esq' on the right of John Beal
27
SALEM-CANADA
Mr. Joseph Clough on the right of Thomas Hendley Joseph Lambert on the right of Samuel Lambert Thomas Trott on the right of Hilliard Williams
Joseph Blaney Esq' on the right of Nicholas Merrett
The above is an Exact List of all the proprietors' names who are admitted Grantees into the Township lying West of the Narragansett Township No. 3.
Sam Wells in behalf of ye Comt.
chosen by ye General Court for ye purpose.
In the Mass. House of Representatives Dec. 17, 1736, it was ORDERED,
* That Daniel Epes, Esq., be authorized and impowered to assemble and convene in some convenient place in the town of Salem the proprietors or Grantees of this township, to choose a Moderator, clerk, and to pass such votes as shall seem for the general interest and advancement of the town, and further, to agree upon a method of calling future meetings, as well as to admit grantees to a draft of their home lots.
In accordance with the foregoing order of the Court, "the Proprietors or Grantees admitted into the Grant made the In- habitants of Salem & Marblehead &c. In June 1735," were notified to assemble together " at the house of Mrs. Margaret Pratt Inholder in Salem, on Thursday the 3rd day of Feby next at Eleven of ye Clock in ye forenoon, To chuse a Modera- tor, Proprietors' Clerk, &c. & to pass Such Votes & orders as may be agreeable to ye bringing forward the Settlement of ye Township, and to agree upon methods how to call future Proprietors' meetings, and also to admit ye Grantees to a Draft of their home Lotts, and that every Grantee pay in his propor- tion of money for laying out Sd Lotts before he draws the same.
Daniel Epes
Salem Jany ye 20th 1736* (? 1737)
FIRST LEGAL MEETING.
Att a Legall meeting of ye pros of Salem-Canada Township att Mrs. Pratt's Inholder in Salem on Thursday ye 3rd Day of Feby 1736. (1737)
* The date 1736 seems an error ; for Jan. 20, 1736, is nearly eleven months earlier than Dec. 17, 1736, the date of the ORDER of the General Court which authorized Daniel Epes to call the meeting. To notify a corporation to meet at a date nearly a year in the past, is absurb ; and the proper date should therefore be 1737-
See account of the First Division Rights drawn by the several proprietors at their meeting Feb. 3, 1737. The latter date is manifestly the correct one. Then follows an account of the first legal meeting, a record of which is here transcribed, verbatim et literatim, as a sample.
28
HISTORY OF LYNDEBOROUGH
Voted, Daniel Epes Esq' Moderator, and Daniel Epes Jun™ proprie- tors Clerk, and he was Sworn accordingly att ye meeting ₱ Benja Lynde Jun' Just peace.
Voted, Benja Lynde Jun' Esqr Treasurer.
Voted, That four pound be raised on Each right in order to Defray the Charges that have arissen on this propriy for ye surveying and Laying out of ye Lotts and other Charges yt have or may arise to ye property.
Voted, A plan of ye Township being presented to ye proprietors by ye Comt Some time since, Desired to Lay out ye home Lotts, Together with Platts of the severall home Lotts as Laid out ₱ a Skillful Surveyor In quantity & quality according to a standard of 60 acres to Each Right. That the same be Excepted and ye Severall Lotts be Confirmed to the Severall Prots as they shall draw the Same.
Voted, That ye Prop's Proceed to ye Drawing their home Lotts ; Paying for Each Right four Pounds Voted as above before they Draw, Inclusive of the fourty shillings already paid ₱ Some of ye Proprietors.
Capt. Jnº Stephen's acco for Surveying & Laying out Sd home Lotts amº to £88, 13s being Presented & Read,
Voted, that ye Same be allowed and the acco paid, Excepting £20 Charged to be for Laying out fourteen home Lotts, not yett Performed, which ye Sd Capt Stephens is to Lay out, and on his doing ye Same to be paid ye Sª Twenty Pounds.
Voted, The following accounts of Charges for Laying out ye home Lotts, be allowed & paid Vizt.
To Daniel Epes Jun™ £60, 2,
Maj™ Blaney 13,4,3
Mr. Cornelius Tarbell 13, 2, 0 Mr. Roger Derby 13, 5, II
Mr. John Gardner 13,13,9
Voted, That Samuel Epes & Jnº Gyles Jun be allowed {10, each on ye abº Sª account.
Voted, That Samuel Chandler and Sam11 Chandler Jun' be pd Eleven pound besides what they were paid by Daniel Epes Jun" and Charged in his acco.
Voted, To chuse a Comt of five men (vizt) Benja Lynde Jun' Esq, Joseph Blaney Esq" Capt. Sam" King, Daniel Epes Jun' and Mr. John Fowl, They or the majo part of them is hereby fully Impowered to call future prors meetings and Draw orders on ye Treasurer for ye payment of ye Sums abº Voted or any other Small Charges that may arise.
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