The history of the town of Lyndeborough, New Hampshire,1735-1905, Part 8

Author: Donovan, Dennis, 1837-; Woodward, Jacob Andrews, 1845- jt. author
Publication date: 1906
Publisher: [Tufts College, Mass.] The Tufts college press, H.W. Whittemore & co.
Number of Pages: 1091


USA > New Hampshire > Hillsborough County > Lyndeborough > The history of the town of Lyndeborough, New Hampshire,1735-1905 > Part 8


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* This letter has no address on the outside. On the back it is minuted :


Benja Lynde July 28 1773 & Plans. Osgood Carltons Plan of Proprietors 2d Division in Lyndeboro' and Sheppards Plan of Proprs 2d Division in Lyndeboro'


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mile and half on the head line of said addition. This leaves for Wal- lingford no. S one mile to the red oak which is in the n. e. corner of his lot as it's Odiorne's s. e. corner bound. Yet these Irish, tho' Colo Wal- lingford's deed to them is only one mile from said red oak south, they have stretched it to one mile and half, large measure.


Mr. Pierce's illness may prevent his attending when you draw your lots I should therefore be obliged to you if you would please to draw for my two rights bought of Colo Blanchard viz. one that was Meservy, Green and his, and one he had as agent of the Grand Proprietors.


With regard to the strip between Lyndeborough and Peterborough I knew very little about it. I am told towards the south a great part of it is rocky and mountainous, other parts may be tolerable ; but it's only because it is adjoining to Lyndeborough that I would buy it if it was sold a penny worth. I should be glad to hear what the quantity is and what it will fetch in cash. I am, sir, with respect to the Compn.


Your and their most humbl. servant,


Benja Lynde.


The Honorable George Jaffrey, Esq.


Sept. 5, 1773.


Since finishing the other side Mr. David Chandler has been with me and tells me Mr. Esq. Sheppard has measured the strip. of the proprie- tors land by Duxbury school farm and its measure is six hundred and odd acres, makes but 42 or 43 acres to 1/15. Yet Mr. Pierce about 10 years ago writes me that Colº Blanchard (as he understood by his son ) was to have 8 miles of that strip on the south part, the remainder sup- posed to be I mile and half was divided and lotted out and made 53 acres to 1/15 at which rate I bought and paid for Colo March's part. His letter Mr. Chandler has for your perusal. I am, sir,


Your most obedt servant,


B. Lynde.


Danvers 25th. April 1774.


Honble Sir :


Your favors of 24th. December past I received and was in hopes 'ere this to have heard you had drawn for the lots laid out to the Grand Proprietors. I should have been glad also to have had Capn. Flatcher's original testimony returned recorded with what I am Indebted for it as I suppose you have a register chosen.


I am told you have lately advertised two pieces of land adjoining on Lyndeborough and that one is the supposed Gore between that town and the Derry men. I should have been very glad to have known its description and contents, one of your news papers might sufficiently do that if you could send me one unless they are not so particular as your book. We have spent several hundred pounds on ascertaining the addi- tion made to Salem Canada by Colº Blanchard and Fletcher.


I have myself taken more pains about it than I would again for 20 pounds lawful money. In my letter of Ioth. Novr. I mentioned to you an affair of Mr. Qiglig viz. his demand for paying witnesses on a tres- pass on Mr. Hancock and my society lot no. 2 which as I knew nothing


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of, I supposed was a general charge but I promised to write you and have your advice thereon which should be much obliged to you for, I am, sir, Your most obedt. servant,


Benj. Lynde.


The Honorable George Jaffrey, Esq.


Portsmo. June 15th. 1774. Joshua Holt and Jnº Abbot 4th. both of Andover in ye Province of Massachusetts agrees to purchase of the Proprietors the strip of land between Peterborough and Lyndeborough and to pay four shillings per acre for the same part of ye sum on having ye grant ye remainder in September next to pay interest till paid and they will be in this town by a month from this date to receive ye grant. Joshua Holt, John Abbot 4th.


Jnº. Sheppard, Esq. :


The Proprietors of the lands purchased of Jnº. Tufton Mason Esq. are about making a conveyance of a strip of land to Messrs Holt, Abbot and etc. and to be conveyed by ye acre. We had a plan thereof made by Osgood Carleton for ascertaining ye quantity of land in their tract ye certainty of which those persons are in some doubt and are desirous of having ye same surveyed again, and we are consenting hav- ing reason to think that tract of land contains more acres than men- tioned in Osgoods plan. As the proprietors have great confidence in your integrity and skill have requested your favors to undertake ye survey and return a plan of the same to us. That is that you will as soon as you can conveniently make a survey of the said strip, to begin at the northwest corner of Borland's farm so called and run by the northerly line thereof to the west line of Lyndeborough and on the said line to the south line of the Society land so called, then by that line till it meets the northeasterly corner of Peterborough, then by that line to the bounds began at. The course of the westerly side line of Lynde- borough and easterly side line of Peterborough are north by ye needle, granted in the year 1753 or thereabouts. It is desired you will be as exact as you can in ye admeasurement and contents of the land. For your assistance we enclose you Carleton's plan of the strip and ye plan of Borland's farm by which you will see the form and contents, which you'll see if it contains no more than 400 acres. The persons who apply to you for making the survey will pay you for the same and plan which send to us under your cover.


In behalf of proprietors, G. J. P. Clerk.


Portsmo. July 16, 1774.


Portsnio. July 15th. 1774.


Then agreed with Mason's Proprietors that as were requested a survey of 'ye strip of lands between Lyndeborough and Peterborough, which is to taken by Jnº Sheppard, Esq. that we will pay ye cost and charge of ye survey and plan.


Joshua Holt, John Abbot, 4th.


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Honble Sir :


Ipswitch Hamlet, 7 Decembr. 1775


It is now several months since I have been favored with any- thing from you perhaps the difficulty of the times has occasioned it. The damage of having our commons lie open to all trespassers as well as good settlers stopped from coming into the town obliges me to. ask the trouble of your urging the proprietors to pass on and accept Mr. Carleton's plan of 1773 and then draw for the several lots, that we may know our own and devide the small remains of commons. Had Mr. Robt. Fletcher laid the grand lots out right 1759 with the boundary mark at the corner of each lot, all this charge and delay would have been prevented. Mr. Sheppard was sensible of this 9 or 10 years ago, and you will readily find Fletcher's errors by looking into his plan of the Grand Proprietors Lots returned to you 1759, in that he makes J. Wentworth, Mr. Vybird and Peirces No. 3, two hundred acre lots to be 275 poles long from his farm to the west line, whereas Esq. Sheppard in 1758 find, on exact measure but 153 poles from Fletcher's farm (he had from Colo Blanchard) to our west line. This with the three other arguments hinted at in mine of Decemr. 1773 and Febry. 1774 must fully satisfy every unprejudiced per- son that our west line is as far as we carry it. I must beg the favor of an answer and with great respect,


Am, sir, your most obedt. servt.


Benja. Lynde.


Hon. G. Jaffrey, Esq.


Honble. Sir:


Ipswich Hamlet 27th Dec. 1775.


Your favors of the 21 instant I received. As I have had consider- able leisure I have carefully looked over my papers relative to Lyndebor- ough and am pretty well sure no letters of yours came to my hand of a later date than 6 Feby. 75 nor do I find I had wrote you after said February. Times have been such as that no private business could be followed, but now it becomes necessary or our wood and timber will be all stolen from us. In the letter I wrote first about the lands between Lyndeboro' and Peterboro, I then acquainted your propriety that it would be better for us to pay the loss than be at. the charge of new laying out and marking the lots. I have more than } of our commons, and I now say the same. This the mind of all of us. As we have laid out the lots, we were to get done the small remains of our commons we must devide and not let it lay longer. If we have entered on the Grand Proprietors interest (which I am sure is not so) we will submit it to three persons to judge how much we have encroached and pay for as much as we have over. Sir, although I might write you that Mr. Holt had told me they had bought from Mr. Borland's farm 1300 acres as far as to N end of Lyndeborough yet I sup- pose that was a mistake as Peter boro' goes not so far north as Lynde- borough by more than 200 rods on the west line. If so, they leave a piece of your pine land of your 1000 acres reserved in Wallingford lot no. 8. I beg you would ask Dr. Rogers or some that transacted the affair and please to write me how far north the strip runs ? How wide it is at the north end ? And as near as they can the quantity of the tract sold ? I send you a copy of one attested by you, of Capt. R° Fletcher return of ye


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200 acre lots laid out 1759 by which you find the 3 lots lying west from liis lot measured 275 rods whereas we desire only 260 rods from his lot to our west line. I am with great respect, sir,


Your most obedt. servant,


Benja Lynde.


The Honble. George Jaffrey Esq.


at Portsmouth, New Hampshire.


Salem 30 Jan'y 1779.


Hon'ble Sir


I have the Pleasure of yours of the 5th Ins,t acquainting me that ye Proprietors have drawn their 2d devision rights in Lyndeboro' but you have wholly mistaken the Two rights I claim The one of which was Colº Blanchard for settling the Interest & agreing with the agents of the Massachusetts - the other was what I bought of his from the right of Merservy Green & Blanchards. & Blanchard on division had the share in Lyndeboro' so that there should have been 16 shares with that given to Colo Blanchard for settling.


I had no part of Soly & March's share that as Colo. March told me was his cousin Woodbridge's as the 200 acres No. 16.


I can say nothing of your 200 acre formerly or your Draft now.


I Wonder none of the Proprietors should remember that Colo Blanch- ards assigns were to have a right as agent. My letter of Sept 1773 men- tioned your drawing for my Two Rights I bought of Colo Blanchard viz : on one as agent for the Proprietors & the other for Meservy Green & Blanchard I believe the 16th lot or No 5 in Sheppard plan is where the land is poor & none would choose it. I should not like it for one of Blanchards unless it is by a new lott I should be glad to know Wether your state in the Tax Act for selling nonresident lands gave a liberty of Redeeming Lands with paying double Interest & costs a Privilege granted in the Massachusetts State. Should it be otherwise I dont see but that for a trifling tax a man may be divested of his Land by the vendors cutting & carrying off the Timber & Wood worth more than ye land itself.


I am with respects Hon Sir,


Your most obedient Benj'n Lynde* Salem 30 April 1779.


Honble. Sir :


Yours of the 26 of Febry after laying at the tavern at last came to hand. It fills me with great surprise. That after a fair purchase of Colº Blanchard's heirs on 6th. April 1759 recorded with. you, I should meet with such loss. I was present at your meeting on ye 7th. July 1760 and then drew for Colo Blanchard No. I and five, two lots and then mentioned that we had given him one hundred pounds cash and 500 acres of land out of the settlers part for good terms, and when I wrote Mr. Peirce deceased he writes Colº Blanchard agreed to have a right thro' out in every town he, as agent for the Masonian Proprietary settled with the Massachusetts men. Nor was there at the meeting any the least objection to his two rights. The Honble. Colº Atkinson, the


* Addressed on outside to George Jaffrey.


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Honble. Mr. Wentworth, Mr. Peirce and yourself, as I perfectly remem- ber, were at said meeting. The proposal of omitting the said lots was from myself to Mr. Peirce, supposing that 3 gentlemen had each of them 200 acres in the Ist. division, they might be contented with it as they never did anything for that town, and he writes me you were all of that opinion. I cant but think it very hard that when I askt. your drawing my two lots and particular mention who I. had them of in my letter Sept. 1773 that you would draw my two rights bought of Colo Blanchard viz. one as he was agent for the proprietors and the other for his, Meservy and Green's right. So also when there was some difficulty about the location I. then wrote you as clerk that as I had two rights in the 16 lots it was my high concern and then also mention for whom. Also in my letter to the Honble. Mr. Peirce in the fall of 1769 I write who my rights were from, one from Colº Blanchard as agent and one more from him, Meservy and. etc,-sometime after Decr. 1761 he had mentioned my proposal to the proprietors and they all agreed to it.


Mr. Meservy in answer to a letter I wrote of the 26 Oct. 1761 writes me that at a meeting the proprietors were full with me in sentiment, that the two hundred acres already allotted to the three gentlemen of the law was sufficient. In the same letter he writes that the power to dispose of lands in Lyndeboro' was discretionary in Colº Blanchard, and goes on in that strain, then says "We imagine that the lands he disposed of was as much out of the Proprietors reach as if they had conveyed it themselves." This was the apprehension, then, and now to be disputed can be neither just or fair with a legal or honest purchaser who ought not to be thrust out of his right in such a manner.


It is very hard that when by my proposal each one is so advanced in their interest, I only must be the sufferer. Surely my letter of ye 14th. October. 1778 where I. wrote " My interest of 2/15th. in the Grand Pro- prietors lots I do not like to lie so" might have remembered you, sir, of it. But if finally I can have nothing for it I must seek my remedy where I may have it tho' with great loss. I am, sir,


Your most humbl. servant, Benja Lynde.


The Honbl. George Jaffrey at


Portsmouth, New Hampshire.


Justice to the Masonian proprietors requires that a point unnoted by the Lyndeborough proprietors' records should be stated in connection with the remonstrance of the above letter. The State papers, edited by A. S. Batchellor, show that at a meeting of the Masonian proprietors on June 23, 1779, after reviewing the drawing of the sixteen lots in Lyndeborough, their records contain the following account :


"Whereas all the Said Sixteen Lotts were fairly drawn for at Said Meeting, to the Rights of the fifteen original Proprietors, and entered as drawn to them, as a Severance of the Same to their Respective Rights - and Lot Nº 5 in Sheppards Plan was drawn for the Proprietors use in Common as aforesaid -Therefore Voted that the Said Lot Nº 5 in


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Sheppards Plan be and hereby is granted appropriated and Severed, to the Said Blanchard's heir's and assigns as the Second division of his whole Right or share be reserved to himself as aforesaid, to have and to hold the Same, in the Same manner as conveyed by Said Blanchard - notwithstanding the Vote & Draft of Said Lot Nº 5 on the fifth day of January as aforesaid for the Proprietors use in Common " - *


Dear Sir :


Boston, 16 Nov., 1797.


Colº Hutchinson has long been pursuing his right to a tract of land which was laid out by Colo Blanchard as agent for the Masonian Proprietors at the distance of one mile and half or two miles from the corner of New Boston Addition. This grant, if I rightly understand the matter, was prior to the grant or charter of Lyndeborough, and was intended to have been brought into the n. e. corner of Lyndeborough when that charter was granted. By such a strange mistake of Fletcher in running the boundary line of Lyndeborough on that side of the town there is only one short mile from the corner of New Boston Addi- tion, and consequently this grant of Blanchard's does not come within the township of Lyndeborough but is actually at a distance from it. Fletcher afterwards acknowledged his error. I went with Carlton who is now alive in this town, and is ready to testify on oath that Fletcher went with him and showed him where the true bounds ought to be, but Beatie and others purchasing under Wellingford had got possession of the land and would not deliver it up without a law suit. The proprietors of Lyndeborough were unwilling to engage in a law suit for the recovery of their right and thus lost several hundred acres of land on that side which they are justly entitled to at this day; but Colo Hutchinson thinks he cannot lose his interest and that the Masonian Proprietors under whom Colo Blanchard acted ought to see him right or give him an equivalent. This is the purport of his present journey and he de- sired me to give him a line of introduction to you with a general state- ment of the business. With great esteem and respect I remain, dear sir, Your humbl. servt.


Walter.


Hon. Geo. Jaffrey, Esq.


To the Masonian Proprietor or proprietor of the right of John Tufton Mason Esq. in the State of New Hampshire. Gentlemen :


In December 1753 Joseph Blanchard Esq. as your agent by his deed conveyed to Benjamin Lynde and others since called the Lynde- borough proprietors, a tract of land containing twenty-eight thousand acres called Lyndeborough, particularly bounded as expressed in the said deed reserving however a part of the said tract within the said bounds and among other lots therein reserved, he reserved a lot of one hundred and fifty acres in the northeast corner of said Lyndeborough which corner is described in the same deed to be one mile and a half North from the Southwest corner of New Boston called Huston's Corner, also to be at a marked tree - on the eighteenth day of May 1754 the said


* Batchellor XXVII, page 432.


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Joseph Blanchard as your agent and by virtue of the power and author- ity, vested in him by your propriety, by his deed conveyed to Joseph Richardson, his heirs and assigns all the right title, interest and posses- sion of your said propriety in one hundred and fifty acres of land lying within the tracts of land called Lyndeburgh on the northerly part thereof following the description of said reserved lot bounded of follows viz. beginning at the former bounds Lyndeboro where it joins to New Boston west line about one mile and a half from New Boston southerly corner and runs from thence west one hundred and sixty rods by Lyndeborough north line thence south one hundred and fifty rods, thence east one hun- dred and sixty rods to New Boston line, thence northerly by New Boston line one hundred and fifty rods to the first mentioned bounds, to have and to hold the same forever free and clear.


Afterwards I purchased the same one hundred and fifty acres by the same bounds I sold the same by (the same bounds) to Joshua Balch and took his note of hand for the consideration money. In 1771, Osgood Carleton surveyor assisted by Robert Fletcher, Esq. another surveyor at the request of Judge Lynde, one of the Lyndeboro' committee, pro- ceeded to locate the same piece of land, according to his direction and to the said several deeds, and first to fix the said northeast corner of said Lyndeborough. They measured from said Houston's corner, a point I understand well settled northerly one mile and a half on the west line of New Boston agreeable to the deed said Blanchard first above men- tioned and there fixed the said northeast corner of Lyndeborough in the said west line of New Boston at a point one mile and a half from the said Huston's corner being the most southwesterly corner of New Boston mentioned in the said deed and there laid out the said one hun- dred and fifty acres in the said northeast corner according to the grant aforesaid and by the bounds aforesaid.


Having commenced an action on said note in order to recover the con- tents of it against Mary Balch, the executrix of the said Joshua Balch in a trial therein which was had in the superior court of New Hampshire in October 1795, she recovered against me a bill of costs of eighty-nine dollars on the ground that said 150 acres 'or at least a great part of it cannot be held under said Blanchard's deed, it not being within the said north line of Lyndeborough and therefore that the consideration of the said note was not good whereby I have lost the said note; said eighty- nine dollars costs and upwards of sixty dollars costs more as will appear thus in locating the said lot the northeast corner thereof is made to coinside with the said northeast corner of Lyndeborough and that to according to said Blanchards deed and plan fixed at a point one mile and a half north of Hoston's corner in New Boston west line and by the decision of the Court in the two actions brought in 1787 by the said exe- cution one against Rich Batten and the other against Andrew Cressey, it appeares the said lot cannot be laid out or extend further south, and by finally fixing the said northeast corner of Lyndeborough at a point only about one mile and a quarter from said Huton's corner instead of a mile and a half about eight fifteenths of said lot the northerly parts of it fall within the Society lands so called and so without the limits of said Lyndeborough and without title under said deed of Blanchard's.


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It is clear from said deed that your propriety meant to grant and the said Richardson intended to buy 150 acres of land in the northeast corner of Lyndeborough which your propriety reserved in the grant or conformation of that township and not a disputed right.


In conveying the lands north of Lyndeborough in 1767 the parties follow up their line to the northwest corner of New Boston and then measure south one mile on the east line of that town to a hemlock tree, then west three miles and a quarter by Lyndeborough, hence they and your property made it two miles and a half from said northwest corner of New Boston to said Huston's corner as appears by their deed and said Blanchard's deed first above mentioned but it is now stated that this line is found to be only about two miles and a quarter long and that no par- ticular tree was ever run to or marked as making the corner as men- tioned in said deeds, and thence this vexatious dispute and difficulty arises, and perhaps the boundry lines of Lyndesboro' traced as described in Blanchard's deed could never be made to meet and would if followed imbrace more than twenty-eight thousand acres, if from the considera- tion of these errors you and the Lyndeborough proprietors have been induced to allow the said northeast corner of Lyndeborough expressly fixed in your said grant in 1753 to be at a point one mile and a half north of said Huston's corner to be moved about eighty rods south towards said corner and by this concession and admeasurements made since your grant, under which said lot is held, I persuade myself you will not hesitate to defend or compensate for such parts of that eighty rods as were located previous to such concessions under your grants.


Wherefore I have to request you to indemnify me in the premises by allowing other lands or monies that shall be a reasonable compensation.


Israel Hutchinson.


Danvers Feb. 5th. 1798.


The last entry made in the proprietors' records of Lyndebor- ough by Benjamin Lynde, Esq., proprietors' clerk, is dated 1778. April 30, 1779, he wrote to the Masonian proprietors, remonstrating against their sale of two rights in the town which he had purchased, and seeking some suitable redress. No proper rectification of his losses appears from the records, save that stated on pages 75 and 76 above.


After many successive adjournments of their meetings, the Lyndeborough proprietors met again at Salem, Mass., May 21, 1783. Mr. Lynde died in 1782. His grandson, Benjamin Lynde Oliver, became for a time his successor in the Lyndebor- ough interests. At this last named meeting Benjamin Lynde Oliver was chosen moderator and Stephen Goodhue, clerk. The business transacted indicates a purpose to close up the affairs of the "Propriety " as speedily as possible. For this object a committee was elected to get the common lands laid out and sur- veyed; to settle with the Masonian proprietors and with any others


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whose lots had been cut into, and allow them compensation out of the common lands for their losses ; and further, to prosecute trespassers or settle with them without prosecution. This com- mittee consisted of Benjamin Lynde Oliver, William Pickman and Stephen Goodhue.


Again, meetings were repeatedly called and adjourned till Oct. 8, 1783, when it was voted to raise nine shillings L. M. on each right to defray necessary charges. From the last date till May 25, 1792, no record appears on the proprietors' book.


In that intervening period great uncertainty prevailed in all parts of the country. The surrender at Yorktown was not viewed on all hands as decidedly closing the war for independ- ence. The ensuing years were full of ferment, uneasiness, tur- moil and financial depression. The new government was launched, but had not as yet been tested. Confidence in it was found to be "a plant of slow growth." Many of its best friends were by no means sure of its complete success. To its strongest supporters it was a serious question whether it would outride the storms that rudely beat upon it. But the new Constitution was finally adopted, and our peerless first President, "first in war, first in peace, and first in the hearts of his countrymen," was elected, inaugurated and placed at the helm of state. Confidence superseded distrust. The helmsman was sane and skilful, alert and self-poised, powerful and determined ; and the ship of state passed safely out of the stormy zone into smoother waters, more assured sea room, and a serener and more prosper- ous outlook.




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