History of Newbury, Vermont, from the discovery of the Coos country to present time, Part 41

Author: Wells, Frederic Palmer, 1850- ed
Publication date: 1902
Publisher: St. Johnsbury, Vt., The Caledonian company
Number of Pages: 935


USA > Vermont > Orange County > Newbury > History of Newbury, Vermont, from the discovery of the Coos country to present time > Part 41


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HISTORY OF NEWBURY, VERMONT.


the Township of Corinth, which said Corner is likewise the Northwest Corner of the Township of Mooretown, and this Tract runs thence along the North Bounds of the said Township of Mooretown South fi ty nine Degrees East five Hundred and fifteen Chains to Connecticut River; Then up along the West Bank of the said River as it winds and turns to a Pitch Pine Tree marked with the Letters and Figures 1765 N B Y from which Tree the Mouth of Ammanoosick River bears South fifty three Degrees East, Then from the said Tree North sixty Degrees West four Hundred and seventy seven Chains, Then South Twenty Degrees West five Hundred and twenty Chains to the Place where this Tract began, Containing Twenty five Thousand Acres of Land and the usual Allowance for Highways. and containing exclusive of the five several Lots or Parcels of Land herein after described Twenty three Thousand and five Hundred Acres of Land and the usual Allowance for Highways. One of which said Lots or Parcels of Land distinguished by the Name of the fifth Lot is to remain vested in us, and is bounded as follows, that is to say, Beginning at the before mentioned Pitch Pine Tree marked for the Northeast Corner of the said larger Tract, and runs thence along the North Bounds of the said larger Tract North Sixty Degrees West eighty Chains ; Then South twenty Degrees West Seventy Chains ; Then South Sixty Degrees East Eighty two Chains to Connecticut River, and then up along the West Bank of the said River as it winds and turns to the Place where this fifth Lot began, containing Five Hundred Acres of Land and the usual allowance for Highways. And also our said Commissioners have set out to be granted in Trust for the Uses and Purposes herein after mentioned the following four Lots of Land, Parts and Parcels of the said larger Tract so set out as aforesaid, that is to say, For the use of the Incorporated Society for the Propagation of the Gospel in Foreign Parts All that certain Lot or Parcel of Land distinguished by the Name of the first Lot, and which begins at the Northwest Corner of the said larger Tract of which this Lot is a Part and runs thence along the West Bounds of the said larger Tract South twenty Degrees West thirty two Chains; Then South Sixty Degrees East one Hundred Chains; Then North twenty Degrees East thirty two Chains to the North Bounds of the said larger Tract; Then along the said North Bounds North Sixty Degrees West one Hundred Chains to the Place where this Lot began, Con- taining Three Hundred Acres of Land and the usual Allowance for Highways .- For a Glebe for the Use of a Minister of the Gospel in Communion of the Church of England as by Law established for the Time being Residing on the said larger Tract. All that certain Lot or Parcel of Land distinguished by the name of the second Lot, and which begins in the West Bounds of the said larger Tract at the Southwest Corner of the said first Lot and runs thence along the said West Bounds South Twenty Degrees West thirty two Chains; Then South sixty Degrees East one Hundred Chains; Then North twenty Degrees East thirty two Chains to the said first Lot; and then along the South Bounds of the said first Lot North sixty Degrees West one Hundred Chains to the Place where this Second Lot began, Containing Three Hundred Acres of Land and the usual Allowance for Highways .- For the first settled Minister of the Gospel on the said Larger Tract, All that certain Lot or Parcel of Land distinguished by the Name of the Third Lot, and which begins in the North Bounds of the said larger Tract at the Northeast Corner of the said first Lot, and runs thence along the East Bounds of the said first and second Lot South Twenty Degrees West Sixty four Chains; Then South sixty Degrees East Fifty Chains ; Then North twenty Degrees East sixty four Chains to the North Bounds of the said larger Tract; and then along the said North Bounds North Sixty Degrees West Fifty five Chains to the Place where this third Lot began, Containing Three Hundred Acres of Land and the usual Allowance for Highways .- And for the use of a Schoolmaster residing on the said larger Tract, All that certain Lot or Parcel of Land distinguished by the Name of the fourth Lot, and which begins in the North Bounds of the said larger Tract at the Northwest Corner of the said fifth Lot and runs thence along the said North Bounds North sixty Degrees West fifteen Chains; Thence South twenty Degrees West Seventy Chains; Then South sixty degrees East fifteen Chains to the said fifth Lot; and then along the West Bounds of the said fifth Lot North Twenty Degrees East Seventy Chains to the Place where this fourth Lot began, Containing One Hundred Acres of Land and the usual allowance for Highways.


And in setting out the said larger Tract and the several Lots and Parcels of Land last described, our said Commissioners have had regard to the profitable and unprofitable acres and have taken Care that the Length of any of them doth not extend along the Banks of any River otherwise than is conformable to our said


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Royal Instructions, as by a Certificate thereof under their Hands bearing Date the Eleventh Day of this Instant Month of March and entered on Record in our Secretary's Office for our said Province of New York may more fully appear. Which said Tract of Twenty Five Thousand Acres of Land and the usual allowance for Highways so set out as aforesaid according to our said Royal Instructions, We being willing to grant to the said Jacob Bayley and the other Persons mentioned in the Schedule aforesaid, their Heirs and Assigns forever (except as is herein after excepted) with the several powers and Privileges and to and upon the several and respective Use and Uses, Trusts, Intentents and Purposes, Limitations and Appointments, and under the several Reservations, Exceptions, Provisoes and Conditions herein after expressed, limited, declared and appointed of and concerning the same, and every Part and Parcel thereof respectively.


Know Ye that of our especial Grace, certain Knowledge and meer Motion, We have given, granted, ratified and confirmed, and do by these Presents for us, our Heirs and Successors, give, grant, ratify and confirm unto them the said Jacob Bayley, John Taplin, Stephen Little, Samuel Stevens, Joseph Blanchard, Nathan Stone, Waldron Blaau, James Cobham, Joseph Beck, Samuel Bayard, John Wetherhead, William Williams, James Creassy, John Bowles, John Grumly, Marinus Willet, Richard Wenman, John Kelly, John Shatford Jones, James Downes, Samuel Boyer, John Keen, John Lewis, Crean Brush and John Taylor, their Heirs and Assigns for ever, All that the aforesaid large Tract or Parcel of Land, set out abutted, bounded and described by our said Commisioners in Manner and Form as above mentioned (Except thereout as hereafter is excepted) and including All those the aforementioned several smaller Tracts or Lots of Land severally and respectively set out by our said Commissioners as Parts and Parcels of the same large Tract for the Use of the incorporated Society for the Propagation of the Gospel in Foreign Parts, For a Glebe for the Use of a Minister of the Gospel in Communion of the Church of England as by Law established. For the first settled Minister of the Gospel on the said larger Tract, and for the Use of a Schoolmaster residing on the said larger Tract. Together with all and singular the Tenements, Hereditaments, Emoluments and Appurtenances to the same and every Part and Parcel thereof belonging or appertaining ; and also all our Estate, Right, Title, Interest, Possession, Claim and Demand whatsoever of, in and to the same Lands and Premises hereby granted and every Part and Parcel thereof; And the Reversion and Reversions, Remainder and Remainders, Rents, Issues and Profits thereof, and of every Part and Parcel thereof. Except and always reserved out of this our present Grant unto us, our Heirs and Successors for ever, All that the aforesaid certain Lot or Parcel of Land containing five Hundred Acres with the usual Allowance for Highways herein before mentioned to be set apart and remain vested in us, abutted, bounded and described as aforesaid, and distinguished by the Name of the fifth Lot as aforesaid, together with all and every the Appurtenances thereunto belonging, the same Lot being included within the Bounds and Limits of the larger Tract of Twenty five Thousand Acres of Land herein before described, and within the Township by these Presents herein after constituted. And also Except and always reserved out of this our present Grant unto us, our Heirs and Successors forever All Mines of Gold and Silver, and also all white or other Sorts of Pine Trees fit for Masts of the Growth of Twenty four Inches Diameter and upwards at twelve Inches from the Earth for Masts for the Royal Navy of us, our Heirs and Successors.


To have and to hold all and singular the said Lands, Tenements, Hereditaments and Premises by these Presents granted ratified and confirmed, and every Part and Parcel thereof with their and every of their Appurtenances (Except as is herein before excepted) unto them our Grantees above named their Heirs and Assigns for ever, To, for and upon the several and respective Use and Uses, Trusts, Intents and Purposes herein after expressed, limited, declared and appointed of and concerning the same, and every Part and Parcel thereof respectively, and to and for no other Use or Uses, Intent or Purpose whatsoever, that is to say,-As for and concerning All that the before mentioned small Tract, Lot or Parcel of Land so set out for the Incorporated Society, for the Propagation of the Gospel in Foreign Parts as aforesaid, being Part and Parcel of the said Tract of Land and Premises hereby granted, ratified and confirmed, and within the township by these Presents herein after constituted, and every Part and Parcel of the same Lot of Land with the Appurtenances to the same belonging (except as is herein before excepted) To and for the only proper and seperate Use and Behoof of the Society for the Propagation of the Gospel in Foreign Parts above mentioned, and their Successors for ever, and


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to and for no other Use or Uses, Intent or Purpose whatsoever .- And as for and concerning All that the before mentioned small Tract, Lot or Pareel of Land so set out as and for a Glebc for the Use of a Minister of the Gospel in Communion of the Church of England as by Law established, being Part and Parcel of the said Traet of Land and Premises hereby granted, ratified and confirmed, and within the Township by these Presents herein after constituted, and every Part and Parcel of the same Lot of Land with the Appurtenances to the same belonging (except as is herein before excepted) In Trust as and for a Glebe for ever, To and for the only proper and seperate Use Benefit and Behoof of the first Minister of the Gospel in Communion of the Church of England as by Law established having the Cure of Souls and residing on the said Tract of Land hereby granted and his Successors for ever Ministers as aforesaid for the Time being residing as aforesaid and to and for no other Use or Uses, Intent or Purpose whatsoever .- And as for and concerning All that the before mentioned small Tract, Lot or Parcel of Land so set out for the first settled Minister on the said Tract of Land hereby granted, the same Lot or Parcel of Land being Part and Parcel of the same Tract hereby granted, ratified and confirmed and within the Township by these Presents herein after constituted and every Part and Parcel of the same Lot of Land with the Appurtenances to the same belonging (except as is herein before excepted) In Trust to and for the Sole, proper and seperate Use, Benefit and Behoof of the first settled Minister of the Gospel that shall be settled and Officiating on the said Tract of Land hereby granted, his Heirs and Assigns for ever, And in Trust also that our said Grantees their Heirs or Assigns shall well and truly by good and sufficient Assurances in the Law convey the same last mentioned small Tract or Lot of Land with the appurtenances to such Minister of the Gospel as shall be first settled and Officiating as aforesaid his Heirs and Assigns for ever in Fee Simple as soon as may be after such Minister shall be settled and Officiating as aforesaid, and to and for no other Use or Uses, Intent or Purpose whatsoever. And as for and concerning All that other small Tract, Lot or Parcel of Land so set out for the Use of a Schoolmaster, being also Part and Parcel of the said Tract of Land and Premises hereby granted, ratified and confirmed, and within the Township by these Presents herein after constituted and every Part and Parcel of the same Lot of Land with the Appurtenances to the same belonging (Except as is herein before excepted) In Trust for ever, to and for the sole and seperate Use, Benefit and Behoof of the first public Schoolmaster of the Township by these Presents herein after constituted and erected officiating and resident in the same Township and his Successors schoolmasters as aforesaid for ever, and to and for no other Use or Uses, Intent or Purpose whatsoever .- And as for and concerning All the Rest, Residuc and Remainder of the said Tract of Land, Tenements, Hereditaments and Premises hereby granted, ratified and confirmed, To have and to hold one full and equal Twenty fifth Part (the whole into Twenty five equal Parts to be divided) of the said Rest, Residue and Remainder, and every Part and Parcel thereof, with all and every the Appurtenances to the same belonging or in any wise appertaining (except as is herein before excepted) unto each of them the said Jacob Bayley, John Taplin, Stephen Little, Samuel Stevens, Joseph Blanchard, Nathan Stone, Waldron Blaau, James Cobham, Joseph Beck, Samuel Bayard, John Wetherhead, William Williams, James Creassy, John Bowles, John Grumly, Marinus Willct, Richard Wenman, John Kelley. John Shatford Jones, James Downes, Samuel Boyer, John Keen, John Lewis, Crean Brush and John Taylor, their Hcirs and Assigns respectively, To their only proper and seperate Use and Behoof respectively for cver as Tenants in Common and not as Joint Tenants and to and for no other Use or Uscs, Intent or Purpose whatsoever, All and singular the said Tract of Land and Premises hereby granted and every Part and Parcel thereof To be holden of us our Hcirs and Successors in free and common Socage as of our Manor of East Greenwich in our County of Kent within our Kingdom of Great Britain, Yielding, Rendering and Paying thereforc ycarly and every Year for cver unto us, our Heirs and Successors at our Custom House in our City of New York in our said Province of New York, unto our or their Collector or Receiver General there for the Time being, on the Fcast of the Annunciation of the blessed Virgin Mary commonly called Lady Day the yearly Rent of Two Shillings and six Penee Sterling for cach and every Hundred Acres of the above granted Lands, and so in Proportion for any lesser Quantity thercof, Saving and except for sueh Part of the said Lands allowed for Highways as above mentioned in Lieu and stcad of all other Rents, Serviees, Ducs, Dutics and Demands whatsoever for the hereby granted Lands and Premises, or any Part thereof. And we do of our especial Graee, eertain Knowledge and meer Motion,


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create, erect and constitute the said large Tract of Land containing Twenty five Thousand Acres herein before mentioned and every Part and Parcel thereof a Township for ever hereafter to be, continue and remain, and by the name of Newbury for ever hereafter to be called and known. And for the better and more easily carrying on and Managing the Public Affairs and Business of the said Township, our Royal Will and Pleasure is, and we do hereby for us, our Heirs and Successors, give and grant to the Inhabitants of the said Township, all the Powers, Authorities, Privileges and Advantages hertofore given and granted to, or legally enjoyed by all, any or either our other Townships within our said Province of New York, and we also ordain and establish that there shall be for ever hereafter in the said Township Two Assessors, one Treasurer, two Overseers of the Highways, two Overseers of the Poor, One Collector, and four Constables elected and chosen out of the Inhabitants of the said Township yearly and every Year, on the Third Tuesday in May, at the most public place in the said Township by the Majority of the Freeholders thereof, then and there met and assembled for that Purpose; Hereby Declaring that wheresoever the first Election in the said Township shall be held, the future Elections shall for ever thereafter be held in the same Place as near as may be and Giving and Granting to the said Officers so chosen Power and Authority to excercise their said several and respective Offices during one whole Year from such Election, and until others are legally chosen and elected in their Room and stead, as fully and amply as any the like Officers have, or legally may use or exercise their Offices in our said Province of New York, and in case any or either of the said Officers of the said Township should die or remove from the said Township before the Time of their annual Service shall be expired, or refuse to act in the Offices for which they shall respectively be ehosen, Then our Royal Will and Pleasure further is, and we do hereby direct ordain and require the Freeholders of the said Township to meet at the Place where the annual Election shall be held for the said Township, and choose other or others of the said Inhabitants of the said Township in the Place and stead of him or them so Dying, removing or Refusing to act, within Forty Days next after such Contingency. And to prevent any undue Election in this Case, we do hereby ordain and require, that upon every Vacancy in the Office of Assessors, the Treasurer and in either of the other offices the Assessors of the said Towhship shall within ten Days next after any such Vacancy first happens, appoint the Day for such Election, and give public Notice thereof in Writing under his or their Hands, by affixing such Notice on the Church Door, or other most public Place in the said Township, at the least, ten Days before the Day appointed for such Election ; and in Default thereof, we do hereby require the Officer or Officers of the said Township, or the Survivor of them, who, in the Order they are herein before mentioned shall next succeed him or them so Making Default, within ten Days next after such Default, to appoint the Day for such Election, and give notice thereof as aforesaid; hereby Giving and Granting, that such Person or Persons as shall be so chosen by the Majority of such of the Frceholders of the said Township as shall meet in Manner hereby directed shall have, hold exercise and enjoy the Office or Offices to which he or they shall be so elected and chosen from the time of such Election until the third Tuesday in May then next following, and until other or others be legally chosen in his or their Place and stead as fully as the Person or Persons in whose Place he or they shall be chosen might or could have done by Virtue of these Presents. And we do hereby will and direct, that this Method shall for ever hereafter be used for the filling up all Vacancies that shall happen in any or either of the said offices between the annual Elections above directed. Provided always and upon condition nevertheless, that if our said Grantees, their Heirs or Assigns, or some or one of them shall not within three Years next after the Date of this our present Grant settle on the said Tract of Land hereby granted so many Families as shall amount to one Family for every Thousand Acres of the same Tract; Or if they our said Grantees, or one of them, their or one of their Heirs or Assigns shall not also within three Years to be computed as aforesaid, plant and effectually cultivate, at the least, three Acres for every Fifty Acres of such of the hereby granted Lands as are capable of Cultivation; Or if they our said Grantees, or any of them, their or any of their Heirs or Assigns or any other Person or Persons, by their or any of their Privity, Consent or Procure- ment, shall fell, cut down, or otherwise destroy any of the Pine Trees by these Presents reserved to us, our Heirs and Successors, or hereby intended so to be, without the Royal License of us, our Heirs or Successors, for so Doing, first had and obtained, that then and in any of these Cases this our present Grant, and every Thing therein contained, shall cease and be absolutely void, and the Lands and


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Premises hereby granted shall revert to and rest in us, our Heirs and Successors, as if this our present Grant had not been made, any Thing herein before contained to the contrary in any wise notwithtanding. Provided further, and upon Condition also nevertheless, and we do hereby, for us, our Heirs and Successors, direct and appoint, that this our present Grant shall be registered and entered on Record within six Months from the Date thereof in our Secretary's Office in our City of New York in our said Province of New York, in one of the Books of Patents there remaining; and that a Docquet thereof shall be also entered in our Auditor's Office there for our said Province of New York; and that in Default thereof this our present Grant shall be void and of none Effect, any Thing before in these Presents contained to the Contrary thereof in any wise notwithstanding. And we do moreover of our especial Grace, certain Knowledge and meer Motion consent and agree, that this our present Grant being registered, recorded and a Docquet thereof made as before directed and appointed, shall be good and effectual in the Law to all Intents, Constructions and Purposes whatsoever against us, our Heirs and Successors, notwithstanding any Misreciting, Misbounding, Misnaming, or other Imperfection or Omission of, in or in any wise concerning the above granted, or hereby mentioned or intended to be granted Lands, Tenements, Hereditaments and Premises or any Part thereof.


In Testimony whereof we have caused these our Letters to be made Patent, and the Great Seal of our said Province of New York to be hereunto affixed. Witness our said trusty and well beloved William Tryon Esquire, our said Captain General and Governor in Chief in and over our said Province of New York, and the Territories depending thereon in America, Chancellor and Vice Admiral of the same, at our Fort in our City of New York, the Nineteenth Day of March in the Year of our Lord One Thousand seven Hundred and Seventy two, and of our Reign the Twelfth.


First Skin Line the Twenty third the Letters cob in the name Jacob, Line the forty fourth the Letters se in the Word seven, Line the fiftieth the Word then, and Line the sixty first the Word the, Second Skin Line the Twenty fifth the Word with, and third Skin Line the second the Words at our, all wrote on Rasures; and second Skin Line the forty third the Words for the Time being residing as aforesaid, and third Skin Line the Twenty sixth the Word such interlined. CLARKE.


WM TRYON


New York Secretary's Office, 13th April 1772. The within Letters Patent are recorded in this office in Lib: Patents No. 16 Page 195.


Geo Banyar D Sec'ry


New York Auditor General's Office 14th April 1772. The within Letters Patent are Docqueted in this office.


Geo Banyar Depy Audr.


PART OF THE JOURNAL OF CAPT. JACOB BAYLEY, IN THE OLD FRENCH WAR.


These fragments of General Bayley's journal are preserved among the Little papers at Newburyport, and were copied for the editor, by Hon. Benjamin Hale. They were in the form of letters addressed to Col. Moses Little. It is not known that any other portions of his journals remain.


A JOURNAL OF OUR EMBARKATION AND PROCEEDING DOWN LAKE GEORGE, AND SIEGE OF TICONDEROGA.


July 21, 1759. We embarked from Lake George about sun-rise, on the west side of the Lake. The whole army marched down the Lake in three columns, the Rangers, light infantry and Grenadiers went in front and the center column consisted of the artillery stores and Train, with Invincibles in front of them. Then we proceeded down the Lake, and around as far as the entrance of the first French narrows, about sunset. Ye wind being boisterous drove the soldiery on the artillery, which made it necessary to retreat. Orders being given to that purpose we retreated. But the wind blowing down the Lake made it difficult,


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and broke our ranks, but we retreated on the west side of the lake about a mile to a cove, where my company rid it out very well.


July 22. In the morning, about break of day, I drew off, and looked after the rest of the regiment, and found them about sunrise which was Sunday. We soon began to advance down the narrows in the same order as when we first embarked, and arrived and landed without any loss of position. The advance party joined by Colo Willard, marched round the mountain and took possession of the sawmill, intrenched and got some cannon up-at the same time the regulars & Colo Willard took the hill opposite the fort and built a breast-work. July 23 The army took possession of the French breastwork without the loss of one man. They played smartly on us with the cannon and mortars, we intrenched 30 rods within their breastworks and got up the cannon and mortars.




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