USA > New Hampshire > Hillsborough County > Lyndeborough > The history of the town of Lyndeborough, New Hampshire,1735-1905 > Part 7
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No undue attention has been devoted to this matter of the meeting-house, although our treatment of it may savor some-
* Records for 1757. t Rev. F. G. Clark, Salem-Canada, p. 43. # Clark, p. 43,
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what of an ecclesiastical form. The story of the meeting- house will be found a real, substantial part of the civil history of the town. For there was a distinct attempt to blend both civil and religious interests under the same code of regulations and the same board of executive officers, in the government of Massachusetts Bay. This blending, also, is discernible in the early charters issued by that government. The puritan idea of building a meeting-house, and settling "a pious learned and orthodox minister " in every town, supported by a tax levied on all the inhabitants, was an almost invariable rule and require- ment in securing a charter. Nor was the rule a bad one for the times. The Masonian proprietors as well as the Royal Govern- ors of New Hampshire retained the same regulations, even after the separation of the provinces. The erection of "a good and sufficient house for the public worship of God," usually within three years from the reception of the charter, was made one of the indispensable conditions of retaining it, and this con- dition was unaltered even after our province was freed from the political domination of Massachusetts. Hence, caring for the religious interests of the town, was made by its charter as much a part of civic duty as fostering any other department of its enterprise. We have for this reason endeavored to give due space and attention to the progress made in securing the meet- ing-house.
DISTURBING INFLUENCES.
The influences which disturbed the town came mainly, though not wholly, from without. The old Salem-Canada proprietors who were still land-holders in Lyndeborough continued to hold their meetings as aforetimes. They met generally at the Inn of Mrs. Pratt, in Salem, Mass., though occasionally elsewhere, as convenience or interest dictated. * The notices of their meet- ings were posted in public places in Salem and Marblehead, Mass., where most of them resided. A notice was put up in Chelmsford, Mass., for the benefit of the one proprietor who lived there, and one was also sent to one of the principal inhab- itants of Lyndeborough. All were to be posted at least ten days before the day of meeting; and the matters to be con- sidered were specified as in the warrants for our town meetings. In the year 1759, they voted, that instead of the usual method
* See Records of 1772.
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for notifying meetings, a notice might be given in at least two of the Boston newspapers.
One of the troublesome things in those early days was de- linquency in paying taxes. Then, as now, lands could be sold to satisfy such demands against their owners. For certain acts of neglect, the penalty was forfeiture of title. But the proprie- tors were very lenient, if not lax. They practised great for- bearance towards the settlers. Penalties were not rigorously enforced. Land sold for taxes might generally be redeemed when payment was made. A commendable friendliness governed their action in many such cases. But, despite all this, they did not enjoy unalloyed happiness.
The disturbance created by the cutting away of a portion of the old township of Salem-Canada, in order to form township No. 2, cannot now be fully comprehended. And instead of this disturbance subsiding and disappearing, it proved rather, like Banquo's ghost, which would not down at a fancied superior's bidding. It kept repeating its annoyances.
Consequently, a meeting was called for Jan. 4, 1756, one article of which contemplated the appointment of a committee to effect the fulfilment of the conditions required by the charter ; to have the lands described continued, and to direct in making allowances to those who have had part of their allotments taken off. About twenty of the old proprietors and settlers had por- tions of their lots cut off, for which they were to receive allow- ances. This required the making of new surveys and the running of new lines, all of which not only increased the ex- penses of the town, but also increased the inconveniences of those whose farms had been invaded. There may have been no mutilation in this ; but there was something very like mutiny in consequence of it. There was intense and choking indignation, all the more, that there was no proper, available means of re- dress. They must swallow their wrath, and adjust matters which could be adjusted, as fully as they had the power. To this they devoted themselves .*
But in assigning lands to compensate for losses, they were obliged to lay these out, not on lands immediately adjoining those of the losers, but on lands in other parts of the town. The inconvenience to the owners must be manifest at once. But that was not all.
The survey made by Robert Fletcher at the north part of the
* Records, 1760.
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town fell short about a half a mile of what Mr. Fletcher called it. So great were his errors, indeed, that his whole survey of that section was set aside ; and Osgood Carleton was engaged to make a new one, at the town's expense. This came in less than twenty years after they had borne the expense of Fletcher's warped and faulty one.
One plan of Mr. Fletcher's survey was attested by him as, " well bounded & truly described." But it was endorsed by another hand as, "Wrong in Almost every part ; is almost a Mile Wider than it really is."
If, then, the land fell short nearly a half a mile in measure from north to south, on the north side of the town, and again fell short almost a mile in measure from east to west, it is easy to see that purchasers must have paid for many acres which they did not receive. Relying on the sworn statements of the sur- veyor, Robert Fletcher, the committee of the Salem-Canada proprietors accepted the plan of Lyndeborough which he pre- sented. His errors were not discovered until encroachments began to be made by settlers on adjoining lands on the north, whose deeds had been received from Col. Wallingford, one of. the grand proprietors. The deeds clearly entitled them to the land on which they had entered, had their deeds been valid. But Lyndeborough had the land prior to the date of Walling- ford's titles given to those settlers. But these had already begun to clear the land and were quite reluctant to withdraw from it. Not till crowded by these trespassers, as Lyndebor- ough people called them, did they learn how great was the deficiency in their acreage.
Appropriate to this matter is the letter of John Goffe,* dated,
"Derryfield Apriel 29 1774.
Honnored Sirs the Lines of your Sosiety land are so hard to be found that the people that have purchased cannot find the Exact Spot there land is on and they Complain one incroches upon an others land and som are Liable to loose there labour therfore they pray your Hon's would order the lins to be Run anew so that Every one may know their own lines & I am sure it is best for you to have Run Speedely for the old lines are So Grown out that they Cant be followed & it is said that a great part of them lines never were Run."t
This from the old hero, Col. Goffe, states the situation
* Batch. XXVIII., 415. t Cf. Batch., XXVIII, 261.
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familiarly and forcefully. Now the Lyndeborough proprietors had no relish for such encroachments. It was the discovery of the frauds which led to them, that incited Judge Lynde to have a resurvey made of the different portions of the town. This survey, however, availed very little, as will appear later. The most that was accomplished by it, was to convince the settlers that they were grievously cheated out of their just rights.
PLAN OF SALEM-CANADA LOTS.
The plan of the first lots seems to have been made as follows : * "Each proprietor, after paying into the treasury four pounds, drew a home lot of sixty acres, and then drew two lots of one hundred and thirty acres each, on paying four pounds more to defray the necessary expenses of surveying and marking the lots. t There were one hundred and twenty-seven Second Divis- ion Lots, two for each proprietor, two for the first settled min- ister, two for the support of the ministry, two for schools, and one for a mill lot."
The first division, or home lots, contained sixty acres each, were located in the southeast part of the town, and their eastern range adjoined Souhegan West, now Amherst. The second division lots commenced at the west side of the home lots, on the south line of the town, and were from east to west 160 rods long, and from north to south 130 rods wide. The numbering of these commenced at their southeast corner, and the tier next to the south line had seven lots. Number seven was in the southwest corner of the town, and adjoining it on the north was number eight, the lowest number of the second tier, which ended at the home lots with number fourteen; directly north of this again was number fifteen, which commenced the third tier, which continued its course west to twenty-one, north of which again came twenty-two, and so on to twenty-eight. Those four tiers of lots were taken away to make township No. 2. The numbering continued thus, rising from one to 126. Each owner of a right could draw two of these large lots in addition to his home lot. A regular time was appointed for drawing the lots, when each owner could draw his own share, or authorize some one else to draw for him,-or the majority of the grantees present could select some one to draw in his place. Thus, were the various lots distributed in old Salem-Canada.
Clark, p. 9.
t" This seems a large sum to pay for expenses, but it was the old tenor money or paper, which was not worth a third of its face value."
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THE LYNDEBOROUGH ARRANGEMENT.
The arrangement already considered was, of course, greatly disturbed after the Masonian proprietors came into possession. A tract of land five miles long from east to west, and one and a half miles wide, from north to south, was cut off from the south end of our town, a thing which did not, however, interfere materially with the old numbering of the rest of the farms. Twenty-eight of the second division lots of 130 acres each were thus taken away to form township No. 2. But as if to increase confusion and disturb all former plans of ownership, the grand proprietors laid out their own reservations in various parts of the town. Nineteen lots of two hundred acres each were set off into two ranges, on the west side of the town. A farm of 500 acres was reserved on the southwest corner ; one of 150 acres at the northeast corner ; another of 150 acres near the centre ; and several others in the northwest and in the eastern portions of the town. More than ten thousand acres were thus severed from their former connection, and from an ownership enjoyed by the Salem-Canada grantees for more than eighteen years under the authority of Massachusetts. Great disturbance must obvi- ously result from so changed a situation. The Masonian own- ers reserved for their own interests one-fourth of the territory, and that was to be free from all taxes and other charges, until improved by themselves, or by those who should hold titles from them. This territory had been granted to the Salem-Canada proprietors in consideration of hard unremunerated service, ren- dered by some of them or by their fathers, in the disastrous ex- pedition of 1690. Of this hardly-earned patrimony they were despoiled by the purchasers of Mason's claim. But still further, they suffered from trespassers on their remaining acreage, and were defrauded in the measurements of estates for which they had paid roundly.
THE COMMONS, OR COMMON LANDS.
After Benjamin Lynde, Esq., and the thirty others associated with him had received the charter of Lyndeborough from the Masonian proprietors, and all the proprietors and settlers had re- ceived their portions, there was still quite a large quantity of unoccupied town land. This was called common or undivided land. If, from time to time, a farm was sold out of this terri- tory, the price received was put into the common treasury of the corporation to defray general expenses. Lands forfeited for
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failure to comply with the conditions of the charter, might thus be added to the common lands, and would revert to the grantees. This land was lying waste, unproductive, unfenced and untilled. It seemed rather to challenge than invite trespassers, and at times the challenge was accepted. It was no easy task to master all the difficulties and despite all the trials to secure general welfare.
CLASSES OF PROPRIETORS.
I. John Mason was the original owner of New Hampshire by grant from the King of England. From him the title, disputed long with great acrimony and opposition, descended to his heir of the sixth generation, Col. John Tufton Mason, born in Boston, Mass., Apr. 29, 1713. This heir of Mason's entire claim to the soil of New Hampshire sold his right and title to a company of gentlemen in Portsmouth. The property was divided by them into fifteen equal shares. Of these, three were purchased by Theodore Atkinson, two by Mark Hunking Wentworth, and one each by Richard Wibird, John Wentworth (son of Governor), George Jaffrey, Nathaniel Meserve, Thomas Parker, Thomas Wallingford, Jothan Odiorne, Joshua Pierce, Samuel Moore and John Moffatt. These were called the Masonian Proprietors and sometimes, the "Lord Proprietors or Grand Proprietors." Their title from Mason was decided to be valid, and all other titles so called were thus annulled or made void.
THE CANADA PROPRIETORS.
II. These were persons to whom the Government of Massachu- setts had made grants of land for special services rendered either in the army or navy. Thus the survivors of certain military expeditions or campaigns, or the heirs of such as perished in them, or had died subsequently, received special consideration in such grants. So a tract of land on the Souhegan River was granted to the heirs of those who fought in the Narragansett War. This township was called Souhegan West, or Narragan- sett No. 3, which was later called Amherst. In like manner, men who engaged in the Canada expedition of 1690, from the towns of Ipswich, Rowley, Salem, etc., received grants which at first bore the names of their several towns, for instance, Ipswich- Canada, Rowley-Canada, Salem-Cadada, which became respect- ively New Ipswich, Rindge and Lyndeborough. The persons who were fortunate enough to obtain such grants, sharing
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equally in them, were the proprietors of the towns so granted. Those of our town were called the Salem-Canada proprietors. At a later day they were compelled to procure titles to their farms and estates from the Masonian proprietors, or lose their lands and improvements. Benjamin Lynde, Jr., Esq., was the largest stockholder in the town, which in honor of him was called Lynde's Borough, or as now written Lyndeborough .*
But many of the early proprietors became such by purchase. People whose ancestors had been in the Canada expedition of 1690 inherited rights which they drew as members of their pos- terity ; but they preferred to sell them rather than settle on them. The purchasers of such rights were entitled to all the privileges and advantages arising from them ; and it was in this way that many became proprietors in the town. Men possess- ing large wealth invested their money in the new lands and sold them again as the opportunity came for a profitable sale. The majority of those who thus owned the original lots never lived in Lyndeborough. There were some honored exceptions. Among these may be named the Epps families and connections, the Stephensons, Goulds, Putnams and others.
III. The larger number of the inhabitants of the town were not, however, properly speaking, proprietors or share holders in its territory. These bought farms on which they settled and built their homes and reared their families. Such were propri- etors only of their own holdings, and not strictly town proprie- tors.
ATTEMPTS AT PACIFICATION.
It was no easy matter to secure just rights and maintain har- mnony. At the meeting of the Lyndeborough proprietors, held at Salem, Mass., April 21, 1768, they voted,
That John Shepard Jr. Esq., Capt. Jonathan Cram, and Capt. John Stephenson be "a committee to consider and report what allowance should be made to Adam Johnson, John Carkin, and Joseph Wilkins, for their home lots being short of measure." This committee reported fully Oct. 15, 1774, that Adam John- son's land was short 16 acres, and as it was good land, recom- mended that a tract of 37 acres of poorer quality be given him in its stead. John Carkin's land fell short more than 13 acres, and they recommended that 17 acres be given him to compen- sate for it. Joseph Wilkins was short of his measure about 9
*Diary of Benj. Lynde. p. 148, note.
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acres and it was recommended to give him a tract of 29 acres to make good his shortage. But the committee stated, that "the last mentioned tract is excessive poor." This report was finally approved by the proprietors, in Dec., 1782, and the tracts of land specified were assigned to the several settlers named. .
LYNDEBOROUGH VERSUS THE MASONIAN PROPRIETORS.
The Letters of Benjamin Lynde and Others.
These letters were among the papers of Mr. David C. Grant, who seems to have procured them from the Hon. Ezra S. Sterns, Secretary of State. They are all now printed in the State Papers edited by Mr. Albert Stillman Batchellor, Vol. XXVII, pp. 412-436.
These letters are given in full, that the reader may learn from the honored Judge himself, the complications induced by the grand proprietors of Mason's right. They are numbered, so that they may stand in chronological order, when printed, as given in the State Papers mentioned above.
No. I.
The deposition of Robert Fletcher, surveyor.
I, Robert Fletcher, aged about 42 years, testify and say that I was the surveyor who with Samuel Butterfield and others laid out to ye several proprietors who hold under Jnº. Tufton Mason, Esq. the tract of land called the Society Land or Reserved Lands, their particular lots 1753. That the lot number eight which fell to Esq. Wallingsford on the east end began at a black oak which is the n. e. corner of number eight, the line runs south one mile on the head of New Boston Addition Line to an hemlock tree which is the north-east corner of Lyndeborough Addition, which was made by order of Colo Blanchard A. D. 1753 from thence it runs west three miles and eighty rods on Lyndeborough to a black oak, thence turning at a right angle and runs south one mile and 120 rods to a white pine being the extent of No. 8 southward and is in direct line east with Peterboro' north line.
I was also the surveyor that by order of Colo Blanchard made the Addition to Lyndeborough and planned the same agreeable to which the charter was drawn, and at the north-west corner of the town ye Addition No. was made from the southwest corner of New Boston Addition and was to run No. on that head line one mile and one-half to a hemlock tree in the said head line of New Boston Addition, and I know it was intended yt Lyndeborough should extend so far north until it came to ye aforesaid hemlock, which is one mile south of the black oak at the northeast corner of no. eight, and one mile and half north of ye south- west corner of New Boston Addition. That sometime in the spring of the year 1766 I informed Mr. Wm. Dickey, one of the purchasers of the lot no. eight of the bounds as above mentioned, who told me that he
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(said Dickey) and others were about purchasing this lot no. eight and that he came to me to enquire about the bounds. Robt. Fletcher.
Essex ss. Salem 9 Febry 1770.
Then the above named Robt. Fletcher made oath to the truth of the above deposition by him subscribed and the same is taken to lie, "in perpetuam rei memoriam."
Jurat Coram, Andw Oliver, Justicus Pacem Wm. Browne, Quorum Unus.
No. II.
This letter is dated : Salem, May 28, 1773, and is addressed to Honorable Geo. Jaffrey Esq., who was then clerk of the Masonian proprietors.
Honble Sir :
Salem May 28th., 1773.
With this you will have a new survey and laying out of eight grand proprietors lots by Mr. Osgood Carleton April 1773 at the no. west of Lyndeborough ; these with eight before laid out on Amherst line and near the same lots by Jnº. Sheppard, Esq .; make sixteen only, the number directed without any for the three lawyers. These being at the n. w. corner and beyond the mountains are 150 to 160 acres as the other are near the inhabitants. The lots laid out by Jnº. Sheppard are lost by the encroachment of the seventeen Derry men who bought of Colo Wallingsford, who claim half a mile further south than the bounds in his deed gives them, and take half a mile which our charter gives us in plain words. You have also the reform of the survey of the 19 grand lots laid out by Mr. Fletcher 1759 which was erroneous in not making allowance for the variation of the compass from the Ist. running 1736, whereby the northern lots were above 100 rods short thro the width. This now is rectified, and the bounds at the corner of each lot ascer- tained on the plan, without which it was impossible for any grand pro- prietor to have found his certain lots. This has been attended with a great deal of charge to us, but absolutely necessary and best to be settled right before improvements come to be made. I wish, sir, that the pro- prietors, with you, would draw for the 16 lots that they may know how to sell (if they incline to it) and accommodate such as come to settle. I am sir, with great respect,
Your most obedt. and humbl. servant,
Benj. Lynde.
Honble Geo. Jaffrey, Esq.
No. III.
This was evidently addressed to the person named in No. II.
The remaining letters up to No. IX seem to need no caption, as they are self-explanatory.
Honble Sir :
Salem, 28 July, 1773.
Your favors of the 23 I received last night; I find it goes intirely on a mistake -as tho the Masonian Proprietors had not the
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quantity of land reserved for them in their charter. That was 6066 acres Anno 1759 there was laid out for them nineteen lots cach of 200 acres, makes 3800 acres these they drew for in July 1760. In 1766 there was laid out by Jnº. Sheppard Jun. eight lots on Amherst line each contain- ing 130 acres, is 1040 acres more. These being nearer Amherst and supposed better were not so large as those at a distance. In 1768 Mr. Sheppard laid out the eight lots in the Addition made to Lyndeborough which being at a greater distance were larger, viz. 150 to 170 acres. The seventeen Derrymen by virtue of their purchase from Wallingsford whose deed gives them only one mile on New Boston, made an encroach- ment of half a mile further tho they were told by Mr. Fletcher, Esq. to whom they applied, before they bought, how far Wallingford came south and that he had only one mile on the head of New Boston. This broke up the allotment of Esq. Sheppard, put us to a much greater charge for examinging and to measure Wallingford great lot, with fixing it by his deed and other evidence. This cost us 15 or 16 pounds L. M. and now Carleton laying out in 1773 also. All this has been the charge of the grantees and tho they have some hundred of acres taken from them, yet the Grand Proprietors have the whole of their reservation and 10 or 12 acres more. These eight lots are generally the best land tho further distant. What I proposed was the drawing for the eight lots laid out in 1766 of 130 acres each with the eight lots laid out by Carleton 1773 of 150 acres each. If I omitted the plan of the eight lots laid out 1766 when I sent the other eight lots of Carleton it was a mistake and is sent now.
I also transmit you Mr. Fletcher's deposition taken "in perpetuam " and to show the grand Proprietors the unreasonableness of the Derry men's encroachments. Should the land between Peterboro' and Lynde- boro' be offered for sale tho' it's chiefly mountainous and hilly, I should be glad to have the refusal of it and would make as good pay as any. I am, with my best regard to the proprietors, sir,
Your and their most obedt. humbl. servt.
Benja. Lynde .*
Salem Sept. 2, 1773.
Honble Sir :
I am favored with yours of the 18th. of August, in answer to which let me assure you, that as I take it there will none of those lots laid out by Carleton be infringed on by the Derry men's encroachments. I have two shares in the 16 lots now to be drawn, my own interest there- fore would have lcd me to take care that those lots should be clear from encroachment. I am sorry to find that Francestown laps on Lynde- borough. I suppose the charter of incorporation is the same with the Proprietors charter from Colo Blanchard 1753 which makes Lynde- borough to run from the southwest corner of New Boston Addition one
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