USA > New Hampshire > Rockingham County > Derry > Willey's book of Nutfield; a history of that part of New Hampshire comprised within the limits of the old township of Londonberry, from its settlement in 1719 to the present time > Part 9
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ROCKINGHAM CO. NEW HAMPSHIRE, COMPILED BY
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. SAMUEL MONUM ----
HAMPSTEAD
MEMY DERRY
.
NACHE S T
83
WILLEY'S BOOK OF NUTFIELD.
of the royal grant and schedule is herewith pre- that behalf made and provided, and for the better order, rule and sented to the reader :
George by the grace of God of Great Britain France and Ireland King Defender of the Faith, etc. To all people to whom these presents shall come. greeting.
Know ye that we of our especial knowledge and mere mo- tion for the due encouragement of settling new plantations, by and with the advice and consent of our council, have given and granted by these presents, as far as in us lies do give and grant, in equal shares unto sundry of our beloved subjects, whose names are entered unto a schedule hereunto annexed, that inhabit, or shall inhabit, within the said grant within our province of New Hampshire, all that tract of land, within the following bounds, being ten miles square, or so much as amounts to ten miles square, and no more, bearing on the northeast angle at a beach tree marked, which is the southeast angle of Chester, and run- ning from thence due south on Kingstown line four miles and a half, and from thence on a west line one mile and three quarters, and from thence south six miles and a half, and from thence west-north-west nine miles and a half, and from thence north eleven miles and a half, and from thence north-north-east three miles, from thence east-south-east one mile, and from thence south-south-west to the southwest angle of Chester, and from thence on an east-south-east line bounding on Chester ten miles unto the beach tree first mentioned, and that the same be a town corporate by the name of Londonderry, to the persons aforesaid, forever, provided nevertheless, and the true intent and mean- ing of these presents is, anything to the contrary notwithstanding, that nothing in this said grant shall extend to, or be understood to extend, to defeat, prejudice, or make null and void any claim, title or pretence, which our province of the Massachusetts Bay may have to all. or any part of the premises granted as aforesaid, or the right to claim property, or demand of any private person or persons. by reason and means of all or any part of the said granted premises falling within the line or boundaries of our said province of the Massachusetts Bay, to have and to hold the said land to the grantees, their heirs, and assigns, forever, upon the following conditions, viz :
Ist. That the proprietors of every share build a dwelling house within three years, and settle a family therein, and break up three acres of ground, and plant or sow the same within four years, and pay his or their proportion of the town charges, when and so often as occasion shall require the same.
2nd. That upon default of any particular proprietor in com- plying with the conditions of this charter, or his part, such delin- quent proprietor shall forfeit his share to the other proprietors, to be disposed of by vote of the major part of the proprietors, and in case of an Indian war within the said four years, the said grantees shall have four years more, after the said war is ended, for the performance of those conditions. The said men and inhabitants also rendering and paying for the same to us and our successors, or to such officer or officers as shall be appointed to receive the same, the annual quit-rent or acknowledgement of one peck of potatoes, on the first day of October yearly forever, reserving also unto us, and our heirs and successors, all mast trees growing on said tract of land, and according to the acts of Parliament in
government of the said town, we do by these presents grant, for us and our heirs and successors, unto the said grantees, that yearly and every year, upon the fifth day of March forever, ex- cept the Lord's Day, and then on the Monday next following, they shall meet and elect and choose, by the major part of the electors present, all town officers, according to the laws and usage of the other towns within our said province, for the year ensuing, with such powers, privileges and authorities. as other town officers in our province aforesaid do enjoy, as also that on every Wednesday in the week forever, they may hold, keep and enjoy a market, for the selling and buying of goods, wares, merchandise and all kinds of creatures, endowed with the usual privileges, profits and immunities, as other market towns usually hold, possess and enjoy, and two fairs annually forever, the first to be held, or kept, within the said town on the eighth day of October next, and so de anno in annum forever, and the other on the eighth day of May in like manner, provided that it should so happen, that if at any time, either of those days fall on the Lord's Day, then the said fair shall be held and kept the day following, and that the said fair shall have, hold and possess the liberties, privileges and immunities, that other fairs in other towns usually possess, hold and enjoy.
In witness whereof we have caused the seal of our said province to be hereunto affixed.
Witness Samuel Shute, Esq., our Governor and
[L. s.] Commander in Chief of our said province the twenty- first of June, Anno Domini, seventeen hundred twenty-two, and in the eighth year of our Reign.
By advice of the Council, SAMUEL SHUTE.
RICHARD WALDRON, Cler. Con.
A schedule of the names of proprietors of Londonderry : John Moore, Robert Willson, James Moore, John Archibald. James and John Doak, Henry Green, Abel Merrill, Randall Alexander, Robert Doak, Alexander Walker, John Clark, James Anderson, James Alexander, James Morrison, John Mitchell. Archibald Clendennen, John Barnard, James MacKeen and sons (2 shares), Jonathan Tyler, Alexander Nichols, James Nichols, William Nichols, William Humphrey, John Barr and sons (2 shares), David Craig and William Gillmore (2 shares). John Stewart, Thomas Steele, Samuel Allison, John Morrison, Robert Wear, Allen Anderson, Mr. MacGregor and sons (3 shares), James Nesmith, James Clark, William Gregg. John Gregg, John Gregg and sons (2 shares), William Willson and John Ritchey, David Cargill, Jr., William Thompson, Hugh Mont- gomery, Robert Morrison, Alexander MacNeal, Robert Boyes. John MacMurphy, John MacNeal, William Campbell. Capt. David Cargill, John Archibald, Jr., James MacNeal, Daniel McDuffee ({ share). Samuel Houston, Col. John Wheelwright, Edward Proc- tor, Benjamin Kidder, John Gray, Joseph Kidder. John Goffe. Sam- uel Grover, John Crombie, Matthew Clark, James Lindsay, James Leslie, John Anderson, James Blair, John Blair, James Moore. John Shields ({ share), James Rodgers (} share). Joseph Simonds, Elias Keyes, John Robey. John Senter. Robert MacKeen, Janet, Samuel and John MacKeen. William Coghran. John, Peter, and Andrew Coghran, David Boyle, James Gregg.
84
WILLER'S BOOK OF NUTFIELD.
Samuel Grover and Robert Boyes, James Aiken, William Aiken, Edward Aiken, John Wallace, Benjamin Willson, Andrew Todd, John Bell, David Morrison, Samuel Morrison, Abram Holmes, John Given, William Eayres, Thomas Boyle, Elizabeth Willson and Mary her daughter (§ share), Samnel Graves, Jr., John Goffe, Jr., Stephen Pierce, Andrew Spalding, Alexander Mac Murphy and James Liggitt (3 share), James MacGregor for ser- vants (§ share), Capt. Cargill for two servants, George Clark ({ share), Thomas Clark ({ share), Nehemiah Giffin (§ share), James MacGloughlan ({ share), Parsonage lot, John Barnard, Jr., John MacConoghy, John MacClury ({ share), John Woodburn, Benning Wentworth, Richard Waldron, Jr., Lt. Gov. Wentworth, Robert Armstrong, Robert Auchmuty, making a total of 122₺ shares.
The full number of proprietors in our charter is one hun- dred and twenty-four and a half, parsonage and all. The memo- randum over and above what is already given in this schedule is added to Mr. MacGregor, 250 acres : Mr. MacKeen, 250 acres ; Mr. David Cargill, 100 acres : Mr. James Gregg, 150 acres ; John Goffe, 100 acres ; total, 850 acres. And to the two last mentioned, viz, Gregg and Goffe, a mill stream within the said town for their good service in promoting the settlement of the town.
RICHARD WALDRON, Cler. Con.
New Hampshire, June 22, 1722. Admitted pro- prietors and commoners in the town of London- derry with the persons mentioned in this schedule: His Excellency Governor Shute a home lot and 500 acres ; His Honor Lieut. Gov. Went- worth a home lot and 500 acres : Samuel Penhallow, Mark Hun- kins, George Jaffrey, Shadrack Waldron, Richard Wibbard, Thomas Westbrook, Thomas Parker, Archie MacPheadin, one share each.
RICHARD WALDRON, Clerk of Council.
It might have been thought the rights and interests of every person in the new colony of Londonderry had been thoroughly securcd at the end of threc such vexatious years in this liberal charter and kingly favor, but unfortunately therc were clauses in the royal grant that left the title to the land no clearer than before, as it was not per- mitted to make void the claim of the province of
BROADWAY, DERRY DEPOT .- LOOKING EAST (1894).
Massachusetts, to any or all of this tract, nor could it be enforced against the rights of any private person, and interminable disputes occurred all along the boundaries, especially on the east and south. In some instances the claimants, despairing of receiving justice at the hands of public officers, attempted to settle the question of occupancy by physical force. There was so little currency in the country at that period, and very few of the settlers had any means of defraying the expenses of a law- suit in defence of their homesteads, the suffering was so great, the redress so remote, and delays so disastrous in the cases of ejectment, that the town was obliged to have a warrant article al- most annually to see what next should be donc for protection, and determine how the cost of suits should be raised. The decds that have been mentioned hitherto and the charter have been given in this ar- ticle, although they may be found in other histories of towns embraced in part in the original boundary of London- derry. There is no doubt about the va- lidity of another dced of which little has been written in former histories, and a careful examination of the records will con- vince the reader that much more profitable sales were made under the provisions of the Mason grant, than under that of Wheelwright, and it was found practically impossible to expel those who held land under the Mason grant. Ejectments came by the grant, but the people who could be disturbed by reason of the Mason grant finally took measures to forever clear their titles of any claim under it. The deed will give a fair understanding of the situa- tion in this and neighboring towns twenty-five years after the arrival of the Nutfield colony. It is said these twelve men of Portsmouth named in
85
WILLEY'S BOOK OF NUTFIELD.
the deed below quit claimed to seventeen old towns between the Merrimack and Piscataqua rivers already settled without exacting more than a nom- inal consideration :
To all People to whom these presents shall come, John Tufton Mason of Portsmouth within the Province of New Hamp- shire in New England. Esquire, sendeth greeting :
Know ye that Captain John Mason heretofore of London, Esquire. now deceased. by virtue of several grants to him made by and under the Crown and several confirmations and ratifica- tions thereof by the Crown. claimed and held a certain tract of land situated in New England in America, lying upon the sea coast between the river Merrimack and the river of Piscataqua, and running up Piscataqua river to the farthest head thereof, and from thence northwestward until sixty miles are completed, and so running up the river Merrimack sixty miles, and thence across the main land to the end of the sixty miles aforesaid, commonly called and known by the name of New Hampshire, which grants and the right. title and inheritance of. in and unto the same, which did belong to the said Capt. John Mason, is now become the estate in fee of the said John Tufton Mason, as he is heir at law of John Tufton Mason, deceased. who was the son and heir of Robert Tufton Mason, deceased, who was grandson and heir at law of the said Capt. John Mason. deceased. And for and in consideration of the sum of fifteen hundred pounds of good and lawful money of the province of New Hamp- shire, aforesaid, to me the said John Tufton Mason in hand well and truly paid by Theodore Atkinson, Richard Wibird, John Moffatt, Mark Hunking Wentworth. Samuel Moore, Jotham Odiorne Junr .. and Joshua Pierce, Esquire, Nathaniel Meserve, George Jaffrey, Junr., and John Wentworth, Junr., gentlemen, all of Portsmouth aforesaid, and Thomas Wallingford of Sommers- worth in said Province, Esquire, and Thomas Packer of Green- land in the Province aforesaid, the receipt whereof, to full content and satisfaction, I hereby acknowledge, and thereof and of every part and parcel thereof, I do exonerate, acquit and discharge them, the said Theodore Atkinson, Richard Wibird, John Moffatt, Mark Hunking Wentworth, Samuel Moore, Jotham Odiorne, Junr., Joshua Pierce, Nathaniel Meserve, George Jaffrey, Junr .. John Wentworth. Junr., Thomas Wallingford, and Thomas Packer, and all and every of their several and respective heirs, executors and administrators, forever. Have given, granted, bargained and sold,
BROADWAY, DERRY DEPOT .- LOOKING WEST (1894).
and by these presents do give, giant, bargain. sell, alien, enfeoff. make over, convey, and forever confirm, unto them, the said Theo- dore Atkinson. Richard Wibird, John Moffatt. Mark Hunking Wentworth, Samuel Moore, Jotham Odiorne, Junr., Joshua Pierce, Nathaniel Meserve, George Jaffrey. Junr .. John Wentworth. Junr., Thomas Wallingford, and Thomas Packer, their heirs and assigns forever, in the manner and proportion hereafter in these presents mentioned, all that my right, title, interest, estate, inheritance, property, possession, claim or demand whatsoever, which I now have, of in and unto all that tract or parcel of land situated in the Province aforesaid, containing Two Hundred Thousand Acres, more or less, bounded as follows, viz :
Beginning at the mouth of the Piscataqua river. thence up the same to the farthest head of Newickewannick river, so called, and to the farthest head thereof, and thence northwestward until sixty miles be completed from the mouth of said Piscataqua river, the place where it began, and then from Pis- cataqua river aforesaid along the sea coast towards Merrimack river until it comes to the boundary line between the said Province of New Hamp- shire and the Province of Massachusetts Bay. thence running as the said bound- ary line runs until sixty miles be completed from the sea, then running from the westerly end of the sixty miles last mentioned across the land to the northerly end of the sixty miles first mentioned. to- gether with the southeast half of the Isle of Shoals. with all my right, title. in- terest, estate, inheritance. property, possession, claim and demand whatsoever, I have of in and unto all and every of the towns, parishes. precincts, districts. villages, buildings, woods. rivers, ponds, waters and water courses, stones, mines. quarries and minerals, and all timber trees within the said boundaries with all and every of the privileges and appurtenances. profits. commodities and accommodations to the same and any and every part and parcel thereof. in any manner belonging. with the reversion and reversions, remainder and remainders, rents. issues, and profits, to the same and to any and every part and parcel thereof in any manner belonging, and appurtaining. To have and to hold the said granted and bargained premises. with the privileges and appurtenances as aforesaid, in manner and form following, viz : to the said Theodore Atkinson three fif- teenths parts thereof, to him, his heirs and assigns. And to the said Mark Hunking Wentworth his heirs and assigns two fif- teenths parts thereof, and to the said Richard Wibird. John Moffatt, Samuel Moore, Jotham Odiorne. Junr., Joshua Pierce.
86
WILLEY'S BOOK OF NUTFIELD.
Nathaniel Meserve, George Jaffrey, Junr., John Wentworth, Junr., Thomas Wallingford and Thomas Packer, to each of them and their several and respective heirs and assigns forever, one fifteenth part thereof, forever, so that no person or persons claiming, or that shall or may hereafter claim the said granted and bargained prem- ises, or any part thereof, from by or under me the said John Tuf. ton Mason, shall have any right, interest, inheritance, possession or property whatsoever of in and unto the same, or to any part or parcel thereof, forever, hereafter. Moreover Anna Elizabeth Ma- son, the wife of me the said John Tufton Mason, doth by these presents give, grant and surrender all her right of dower and thirds in the premises, unto them the said Theodore Atkinson, Richard Wibird, John Moffatt, Mark Hunking Wentworth, Samuel Moore, Jotham Odiorne, Junr., Joshua Pierce, Nathaniel Meserve, George Jaffrey, Jr., John Wentworth, Jr., Thomas Wallingford and Thomas Packer, their heirs and assigns, forever. In witness whereof the said John Tufton Mason and Anna Elizabeth my said wife, hereunto set our hands and seals, the thir- tieth day of July, in the twentieth year of the reign of King George the Sec- ond, Anno Domini 1746. JOHN TUFTON MASON. [s. ] ANNA ELIZABETH
TUFTON MASON. [s. ]
Signed sealed and de- livered after the words (all her right of dower and thirds in the premises) were inserted in the last line of second page In presence of us
JOSHUA GILMAN. NOAH EMERY.
BIRCH STREET, DERRY DEPOT (1894).
Province of New Hamp- shire, July 30, 1746. Re- ceived of Theodore Atkin- son, Esquire, and others, in the foregoing deed mentioned, fif- teen hundred pounds the full sum of the consideration this deed mentioned, £1500. JOHN TUFTON MASON.
Province of New Hampshire, Portsmouth, July 31, 1746. Then John Tufton Mason, Esquire, above named and Anna Elizabeth his wife, personally appearing before me the subscriber, one of His Majesty's Justices of the Peace for said Province, acknowledged the foregoing deed to be their free act and deed. PIERCE LONG.
Rec'd. Aug. 27, 1746, and recorded 28th Aug., 1746. D. PIERCE, Recorder.
Province of New Hampshire. A true copy from Lib. 31 Fol. 220. Examined the 22nd June, 1756.
D. PIERCE, Recorder.
The conflicting of titles sprang from many causes, chief among them a general ignorance of the geography of the country, and the granting of terri- tory already covered under the supposition that the terms of the former conveyance had been violated to the extent of annulling the grant, or the supposition that an Indian deed was better than a royal grant. There was, even after the purchase under the Mason grant just quoted, abundant cause for anxiety among the early settlers, and it delayed the development of the town seriously, and led to in- numerable cases of abandonment of homesteads, and removal to other parts of the country. The fol- lowing paper may be of some assistance in understanding more of the situation. It is found in a manu- script of the date Aug. 9, 1766.
A brief account of the title of Capt. John Mason. Upon Mr. Allen petition- ing Queen Anne to be put in possession of the waste lands, the assembly passed an act for confirmation of their township grants with- out respect to the Mason Claim. Upon Mr. Allen's application the Queen in council repealed that act, the Crown assumed the vacant lands until Mr. Allen can make it appear that Mr. Mason was ever in possession of said lands, as did appear by the cases of Allen against Waldron and Vaughan John Hobby, grandson to Sir Charles Hobby and John Adams of Boston, claiming one half of the Mason grant bought of Col. Allen, Mason's heirs saying the grant was entailed and could not be sold. In 1635 Captain John Mason dies, having willed New Hampshire to John Tufton on condition of his taking the name of Mason. John dying a minor, it fell to Robert Tufton Mason an infant. When Robert came of age he peti- tioned King Charles Il to be relieved as to the property of his land, Geoffrey Palmer Attorney General made report that these lands were the undoubted right of Robert Mason. William Housleton and Peter Buckly sent over to answer Mason's com- plaint as attorneys for the Massachusetts Bay province disclaimed said lands before the court of King's Bench. Mr. Mason brought suits of ejectment against William Vaughan and recovered judg- ment. Vaughan appealed Home. His appeal was dismissed
John H Nojo.
89
WILLEN"'S BOOK OF NUTFIELD.
and the former judgment confirmed, the appellant pays cost. Mr. Mason, despairing of any agreement with the people, re- turns to Engiand and dies, leaving two sons John and Robert Tufton Mason, who conveyed the whole of their rights to Samuel Allen of London for 2750 £ sterling.
An abstract of Mason's deed to Allen may be seen in Doug- lass' History, page 29, vol. II. Col. Allen came over to prose- cute his claims and found 24 or 25 leaves torn out of the records. These leaves contained the former judgment obtained by Mason. Mr. Allen petitioned Queen Anne to be put in possession of the waste lands. The petition was referred to the Board of Trade and Plantation and they consulted with Sir Edward Northey, Attorney General, who reported that Her Majesty might safely put him in possession of the unimproved lands but where the inhabitants had possession he must bring writs of ejectment. Gov. Dudley was ordered to be present when the trial of Wal- dron and Allen came, and Dudley pretended to be indisposed in body and could go no further than Newbury. The defendant recovered cost. Col. Allen appealed Home but died before the apreal was prosecuted. His son Charles succeeded him in these claims, who brought a new writ of ejectment, was lost in cost, as appeared the verdict being repressed. He appealed Home but likewise died before his case came on, leaving two sons and one daughter ; to cut off Allen's claims the Government lately made agreement of the waste lands to 60 of the inhabitants of New Hampshire by the name of Kingswood. There is a paragraph in the Massachusetts new charter which favors Allen's claim and reads thus : " Nothing therein contained shall prejudice any right of Samuel Allen claiming under Capt. Mason deceased of any part of the premises."
H JON. JOHN W. NOYES, son of Daniel and Nancy (Weare) Noyes, was born in Spring- field, N. H., Jan. 14, 1810. His father, a native of Kingston, N. H., and a son of James Noyes, was a descendant of the Noyes family who were early settlers of Newbury, Mass. Daniel Noyes removed to Springfield and engaged in business at an early age. He also held the various town offices and was a member of the State Legislature. His wife was a descendant of Hon. Nathaniel Weare, a dis- tinguished citizen of New Hampshire in the early days of the colony. John W. Noyes removed to Chester in March, 1832, and engaged in mercan- tile pursuits. He was a member of the Legislature in 1841, '42, '53, '54, '75, and '76, and was a mem- ber of the Executive Council in 1864 and '65, be- sides holding at various times nearly all the town offices and being town treasurer for twenty-five years. He has been justice of the peace continu- ously since 1841 and notary public nearly as long. For nearly sixty years he has been much engaged in the probate and insurance business. In 1840
he was chosen one of the directors of the Derry Bank, which at that time was located in the East Village. In 1864, the bank, which was then at the Depot Village, was organized as a national bank, and Mr. Noyes was elected president, which office he has continued to hold to the present time.
A YOUNG BRITISH OFFICER, clad in a bright scarlet uniform, was visiting in Lon- donderry during his furlough at the time of the old French war. Going to church on Sunday, he entered and, taking a conspicuous place in sight of the whole congregation, remained standing. Rev. Matthew Clark, the minister, noticing that the at- tention of his audience, especially of the young ladies, was being engrossed by the officer, paused in the midst of his sermon and said to him : " Ye are a brave lad, ye ha'e a brave, suit o' claithes, and we ha'e a' seen them ; ye may sit doun." The soldier's courage failed him completely, and he in- stantly took his seat, while the preacher went on with his discourse.
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