USA > Vermont > Windsor County > Royalton > History of Royalton, Vermont, with family genealogies, 1769-1911 > Part 56
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HISTORY OF ROYALTON, VERMONT
The same year some negotiations were carried on with Zebu- lon Lyon, who doubtless thought it would be better to have the minister settled in his part of the town. Accordingly at the March meeting a committee was chosen to make an exchange, but it was not effected. This was probably the same exchange which the proprietors acted on in June, for they say, "the per- dential committee shall give Lutet Lion a good Deed of the Clapt Lot and the proprietors will scape them from harm." The rea- son that the exchange was not consummated may be partly due to the fact that they had thus far been unsuccessful in procuring a minister. Then, too, there must have been some opposition to the exchange, for at an adjourned meeting in January, 1783, they voted not to exchange with Lieut. Lyon, and chose a com- mittee to draw up a subscription paper for labor to be done on the ministerial lot. From this we may infer that the lot was yet a wilderness, and would not be very attractive to the ordinary clergyman. Benjamin Parkhurst served with three lieutenants and one captain of this committee, truly a martial band.
Before the first settled minister, Rev. John Searle, came to Royalton, there was provision made for the first settled min- ister by the Vermont charter, so that instead of a paltry thirty acres, he was to receive 300 acres. The value, however, of the thirty acres was much more than that of the 200 acres in Lot 40 L. A., situated as this lot of thirty acres was, on the river, and cleared to a greater or less extent by vote of the town. Mr. Searle seems to have consented readily to accept the thirty acres in lieu of the 200-acre lot, and gave the town a quitclaim to the 200-acre lot and his after-division. This agreement was carried into effect May 8, 1787, through the selectmen, Abel Stevens, Elias Stevens, and Benjamin Parkhurst.
Mr. Lyon had not relinquished his efforts to get the minister to reside nearer the center of the town, where he had built a meeting-house. He was so far successful that a meeting was called Apr. 24, 1788, when they voted to exchange "ye two hun- dred acre Lot belonging to ye Town with Mr. Zebulon Lyon for forty acres of his Land below ye meeting house being part of ye Brewster Lot & a part on ye Lot Sd Lyons now Dwelling house stands on." They gave him, also, the after-division be- longing to the town in addition to the 200-acre lot.
There remained of ministerial land in the hands of the town the forty-acre lot. When Mr. Searle had to relinquish his min- istry, and an effort was made to secure another pastor, different individuals not named gave the town for the purpose of settling a minister, eleven and one-half acres. This gift was probably provisionary, and as they did not secure the clergyman for whose
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HISTORY OF ROYALTON, VERMONT
benefit the gift was made, it was probably never really secured to the town.
Under date of Sep. 24, 1792, an article in the warning for a town meeting related to the choosing of an agent to petition the Assembly to order the administrators of the estate of Calvin Parkhurst to give the town a deed of the Gates Lot, which Mr. Parkhurst had purchased for the town. They first voted to do so, then reconsidered. There is no record of Mr. Parkhurst's having been authorized by the town to buy this lot, and if the purchase was made, the writings probably had not been drawn at the time of his death in 1791. No further mention of it occurs.
The land sold Mr. Lyon fell short on measurement, and the matter was considered in town meeting Dec. 6, 1796, and Mr. Lyon was reimbursed from the town treasury.
The warning for the March meeting, 1805, contained an ar- ticle, "To see if the town will look into the situation of the Town lands and dispose of them by lease or otherwise or whether they will direct any suit for trespass." A committee of three was chosen to look after the lands, and the rest of the article was ignored. This committee reported May 21st that no trespasses of any consequence had been committed on the public lands. At this time Jacob Smith, Isaac Skinner, and Nathan Paige were chosen to dispose of the lands by lease or otherwise.
The effort to secure the school lands of the town for the support of a grammar school at the center of the town failed in 1806.
The General Assembly passed an act November 3, 1798, em- powering the selectmen of the several towns in the State to take charge of or lease out the lands granted to the first settled min- ister, and to the use of the ministry. This right was implied in the charter, but this action of the legislature made such action legal beyond any question. Towns now began to make some ef- fort to obtain returns from the lands devoted to the support of the Gospel. By this act of the legislature leases could not be made for a longer time than fifteen years, and some towns found this a very inconvenient arrangement, and in 1803 the law was changed so that the time was not limited. The first restriction may account for this town not taking action in the matter of leases earlier in its history.
The leasing of the ministry or Gospel lands was acted on by the voters of 1808. They instructed the selectmen to make per- petual leases of the right of land laid out for the ministry. The selectmen thus empowered leased on June 1, 1810, a considerable part of Lot 3, Large Allotment, the Gospel Right, to George Lam- phere and Nehemiah Leavitt. It is difficult to determine from the leases just which part each had, as the number of acres is
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HISTORY OF ROYALTON, VERMONT
not given nor the exact portion. Mr. Leavitt seems to have had the western part, and Mr. Lamphere the southeastern and mid- dle. A record of the ministerial land of 1833 gives the Lam- phere lot as containing 85 acres, at a rental of $25.50, present occupants, Eastman and Amasa Royce, and the Leavitt lot as having 109 acres, rental, $19.26, George Gerry present occupant. On Feb. 1, 1811, a part of the Gospel Right was leased to Asahel Davis and Daniel Lovejoy, 148 rods by 65 rods, at a rental of $21.60. In 1833 this was owned by Reuben Spalding. The total sum received originally from this right was $72.60. This was at a time when the land was in a wild condition. In 1909 the sum received was $54.76. The present owners of the land are, Fred Howland, W. Burke, Edmund Burke, Hugh G. Green, A. T. Davis, Irving G. Adams, Leon W. Holt, and Clarence Taylor.
On March 1, 1801, James Riggs leased John G. Riggs one- half of a college lot which he says was leased him Feb. 21st of that year, bounded north on Tunbridge. In 1803 John G. Riggs leased to Samuel Metcalf, Jr. On April 7, 1801, the President of the Corporation of the University of Vermont leased to Abra- ham Schellenger 100 acres of the college right from the south end, at a yearly rental of sixteen cents an acre, the first rent to be paid in 1805. Three days later Mr. Schellenger leased the same to Hezekiah Baker. On June 30, 1806, the Corporation of the U. V. M. leased to Samuel Metcalf, Jr., sixty and one-half acres in the northeastern part of the college right, and also ten and one-half acres of undivided land, and the same day leased him sixty and one-half acres in the south one-half of the east lot. He seems to have had the eastern side of this lot. This lot does not appear to have been divided by unbroken straight lines. The present owners of the college land are Mrs. Arethusa Dut- ton, Charles E. Spaulding, F. C. Moulton, and J. G. Taylor.
By legislative act of March 5, 1787, each school district was to appoint one person, who, with the selectmen, were to be trus- tees of schools within the town, and one of their powers was to lease lands and real estate. No leases seem to have been made before the beginning of 1809. As these leases all read very nearly alike and the conditions may be of interest to many, the original lease of the school land of 100 acres which was given to Reuben Ross by the selectmen and one from each district, on Jan. 6, 1809, herewith follows :
"This indenture made this sixth day of January in the year of our Lord Eighteen Hundred and nine between Jacob Smith Daniel Rix, Jr. Nathaniel Evens Joseph Pierce Jared Kimball Joseph Bowman Benjamin Day Jr. Thomas Wheat Stephen Freeman Silas Williams Ebenezer Parkhurst Benjamin Packard and Isaac Skinner Trustees of the School lands in the Town of Royalton and County of Windsor on
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HISTORY OF ROYALTON, VERMONT
the one part and Reubin Ross of the other part Witnesseth- That said Trustees for and in Consideration of the Covenant and agreement hereafter mentioned and named on the part and behalf of the said Reubin to be paid done and performed hath demised granted and to farm letten and by these presents doth demise grant lease and to farm let unto the said Reubin his Executors Administrators and Assigns a certain tract or parcel of Land lying and being in the Town of Roy- alton aforesaid and described as follows to wit one third of the Right of Land laid out in the Town of Royalton laid out for the benefit of schooling in said Town being the middle hundred acres of said Right with the usual allowance for highway --
To have and to hold the said demised premises unto the said Reubin his heirs Executors Administrators and Assigns from the day of the date hereof as long as water runs and grass grows-Yearly and paying therefor yearly and every year unto the said Trustees or their Successors in office thirty dollars and seventy two cents on the first day of January each year
Provided always and it is the true intent and meaning of these presents and the parts thereunto that if the said yearly Rent hereby reserved or any part thereof shall be behind or unpaid for the space of six months next after the same became due and ought to be paid the same being first demanded by said trustees or their successors or any of them in their behalf at least one month before then and from thence forth it shall and may be Lawful to and for the said Trustees or their Successors unto and upon the said demised premises and every or any part or parcel thereof with the appurtenances in the name of the whole to reenter and the same to have again repossess for and in behalf of the town and him the said Reubin his Executors Administrators and assigns and all and every other Occupier and possessor of the said demised premises from thence utterly to expell remove and put out anything in these presents to the contrary notwithstanding- And he the said Reubin for himself his heirs Executors Administrators and Assigns doth Covenant to and with the said Trustees their Successors that he the said Reubin his Executors Administrators and Assigns shall well and truly pay or Cause to be paid unto the said trustees or suc- cessors the aforesaid yearly Rent at the time above mentioned in such manner as herein before Limited and Appointed for the payment there- of according to the tenor intent and meaning thereof
And the said Reubin for himself his heirs Executors Administra- tors and Assigns doth hereby Covenant grant and agree that he or they shall and will at all times reserve in proportion of thirty acres of said Lot for wood Land without committing (illegible) or waste thereon taking only therefrom such timber yearly as shall be necessary for keeping in repair the buildings thereon and for the improvement of said land according to the Rules of good husbandry that he or they will clear said land as fast as they take off the Timber that is as fast as they Cut over five acres at any time they will clear off and fence the same well and in case of non compliance of either of the foregoing conditions it shall be Lawful for said Trustees or their successors at any time to reenter and possess the same in as full and ample manner as in case of non payment of rent.
And the said trustees for themselves and their successors in office doth Covenant to and with the said Reubin his heirs Executors Ad- ministrators and Assigns that he and every of them shall quietly and peaceably enjoy the aforesaid demised premises without any Let or hindrance whatever according to the true intent and meaning of these presents
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HISTORY OF ROYALTON, VERMONT
In witness whereof the parties have hereunto set their hands and Seals the Day and Year above Written"
This was signed and acknowledged in the usual way and wit- nessed by Jacob Safford and Amasa Dutton.
On the same day on which the trustees gave this lease to Mr. Ross they leased to Joseph Bowman the south one-third of the school lot and to Benjamin Dutton the north one-third. Mr. Dutton was listed 1808-10. He removed to Hartford, and from that town in 1814 he leased to Willard and Phineas Pierce the south one-half of his lot. The same year Reuben Ross leased Daniel Ross the whole of his lot. There were two Joseph Bow- mans owning considerable land in town, one a clergyman resid- ing in Barnard, and the other living in Royalton. In 1815 the Royalton Joseph died, and in 1818 his son Stephen leased the south one-third to Daniel Ross, who in 1821 leased both the mid- dle and the south thirds to Judah Throop. The same year Reuben Ross leased Mr. Throop and Frederick Orvis the north one-half of the north one-third. How Mr. Ross acquired this lot has not been ascertained. It went through several hands to John Howard, who, in 1828, deeded to the selectmen, and they the next year leased to him and Jireh Tucker.
The records for 1909 show the ministerial lands as follows : Fred Howland, 60 acres, appraisal, $350, rent, $10; W. Burke, 2 acres, app., $10, rent, $1.30; H. G. Green, 30 acres, app., $150, rent, $6.30; A. W. Davis, 60 acres, app., $300, rent, $12.96; I. D. Allen, 6 acres, app., $100, rent, $2.05; L. W. Holt, 6 acres, app., $50, rent, $.75; W. Burke, 1 acre, app., $25, rent, $.40; E. Burke, 90 acres, app., $900, rent, $21; total, 255 acres, ap- praisal, $1,625, rent, $45.76. This lot was cut short by the Whitelaw Sharon line. Grammar School lands: H. C. Sar- gent, 130 acres, rent, $26; Fayette Green, 30 acres, rent, $6; J. B. Dukett, 59 acres, rent, $11.80; Fred Cowdery (present owner, Albert Merrill), 81 acres, rent, $16.20; total, 300 acres, rent, $60. Public School land: Alfred Vezina, 110 acres, app., $1,000, rent, $15; G. W. Northrop, 110 acres, app., $1,000, rent, $17; M. S. Adams, 55 acres, app., $500, rent, $6; E. Winslow (present owner, Edwin C. Martin), 55 acres, app., $400, rent, $6; total, 330 acres, appraisal, $2,900, rent, $44.
THE COMMON.
The first gift to the town was the Common or "Green," a tract of land deeded for a meeting-house lot and other purposes. The deed as recorded in Book A of land records is here given: "Know all men by these presents that I Ebenezer Brewster of Dresden on the New Hampshire Grants East of Connecticut River for Divers Good causes and valuable considerations me hereunto moveing
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HISTORY OF ROYALTON, VERMONT
and more especially that the inhabitants of a certain Township called & known by the Name of Royalton Lying and Being on White River on the New Hampshire Grants west of Connecticut River otherwise called the State of Vermont may be in the most advantageous manner Accommodated with a convenient Lot whereon to erect a meeting house in Said Town and for other public uses of the Said inhabitants of the Said town of Royalton one certain tract or parcel of land in Said Royalton being part of the Lot No. 46 and bounded as follows (viz) beginning at a birch tree marked T on the Northerly side of White River thence running W 35º N 32 rd to a stake thence S 35° W 14 Rods to a small mapel tree marked T thence E 35° S 36 Rods to Beach tree marked T on the Bank of White River thence on the Bank of the River to the first Bounds-
To have and to hold the said granted premises with all the ap- purtenances thereof to the inhabitants of said Royalton to be improved by them for a meeting house Lot a parade and other public uses of Said Town-I hereby engageing to warrant and Defend the use and improvement thereof to them the said inhabitants for the purpose above mentioned-
In witness whereof I have hereunto Set my hand and Seal this Third Day of April A D 1781
Eben Brewster
Signed Sealed and Delivered in presence of Baza Woodward Zuiah Closson
New Hampshire Grants East of Connecticut River SS.
Dresden April 3d 1781 Then Capt Ebenezer Brewster Signer and Sealer of the above Written Instrument Personally appeared and ac- knowledged the Same to be his Voluntary act & Deed.
Before me Baza Woodward Just Peace
Received may 15th 1785 and entered the Same attest Comfort Sever Clerk"
How much, if any, credit is due Zebulon Lyon for securing this gift will never be known. He had been already active in trying to effect an exchange of the ministerial land, so that a pastor might live near the center of the town, and he obtained possession of this lot, No. 46 Dutch, in 1788. Whether the idea first originated with Capt. Brewster or not, it was a fine thing for the town at this time, and will always remain as a memorial of the giver's kindly thought and generosity. It might fittingly be called the Brewster Common.
The town in accepting Lieut. Lyon's offer to build a meet- ing-house, deeded to him one-fourth of an acre of this lot north of the road, and gave up control of just so much of the original gift, and also of the immediate spot where the house was to stand. The center schoolhouse was erected on the common without any recorded action by the town. It was between the present church and academy, and may have been erected by Lieut. Lyon on the part of the common which had been deeded to him. His descend- ants say that he built the first schoolhouse, but others seem to have had a share when it was sold.
33
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HISTORY OF ROYALTON, VERMONT
The pound was located on the common by authority of the town, as will be found elsewhere, and the academy was built on it. The bounds of the common were not very rigidly respected, and after a while there was some danger that further encroach- ments might be attempted. In the warning for the March meet- ing, 1833, this article was inserted: "To see if the town will adopt any measures by which to reclaim & repossess their com- mon." At their meeting they adopted John Warren's resolu- tion, and in accordance with it they chose Mr. Warren, Elias Stevens, and John Francis "to survey the common and investi- gate the situation of the claims of the town to the common, and all such information as they can obtain in relation to the lands of the common, and report at the next meeting." Their next meeting was the following day, when they voted to hear the re- port at the next meeting, and adjourned sine die.
A special meeting was called for May 7th to see among other things "what measures the town will take to recover that part of the common which has been trespassed upon." At this meet- ing the same committee that had been chosen before was author- ized to survey the common, pursue their inquiry in relation to bounds, trespasses and obstructions on the common, and to re- port at the next meeting. This occurred Sep. 3, but no mention was made of the common. The town was fully occupied over the matter of the Fox bridge, which was also the sole subject of action at the following meeting in January, 1834. The bridge claimed attention again at their March meeting, and was the cause of a special meeting later in the same month.
Almost before the doors had closed on this last meeting the following gentlemen had met and drawn up a petition for an- other meeting : Nathan Kimball, Franklin Hunter, Samuel Cleve- land, Benjamin Bosworth, Thomas Clapp, Sullivan Waldo, David Wheelock, Edwin Pierce, and Thomas Rust. One article to be inserted in the warning was, "To chose a committee to consist of one person from each of the denominations claiming to be religious denominations to investigate & ascertain the rights of the town in relation to the Public common and all other lands and property of a publick kind belonging to all the inhabitants of sd town, & with full powers to take any legal measures to secure to them their respective rights & privileges at their discretion." When they met pursuant to this call for April 10, 1834, they first acted favorably upon the petition, and chose a committee, but reconsidered and left the matter in the hands of the select- men to report at the next March meeting. Their report was as follows :
"We have endeavored to learn with as much accuracy as possible the situation of the public common; with regard to the title and the uses for which it was given see Brewster's deed to the town.
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HISTORY OF ROYALTON, VERMONT
The exchange of a part of sd common with Esq Jacob Smith which has lately been the subject of conversation, so far as we have been able to discover from the records of the town was never in fact made. We find at one time in town meeting a committee appointed by the town to negotiate said exchange but nowhere could we find a report of the doings of that committee. We called on one member of that committee viz Gen. Stevens, who says they called on Esq. Smith and he refused to give a deed, but said when he wanted his land the town might have theirs.
A part of the common was enclosed by sd Smith & a piece of his land thrown out for public use, and has been so occupied till very recently, within three or four years his heirs have enclosed it, and still hold enclosed a part of the original common. We here remark that we can find no interchange of deeds respecting this exchange. The bounds of the common from their nature had decayed and were lost, we availed ourselves of the best information we could find to fix on a bound on the bank of the river, which having done as nearly as possible Mr Child the county surveyor run out and bounded the com- mon according to the deed which bounds are made permanent. We find on this public ground the Meeting house, about one third of the brick schoolhouse, & the Woodhouse adjoining-the Academy with its appurtenances-a part of the pound, the house in which Abijah Lincoln now lives and a piece of Doct Denison's garden wall, and the remnant of the meetinghouse sheds.
We examined and employed Mr Child to survey the right of land set apart for the use of common schools, and after giving to each lessee his full quota we found an overplus of about eighteen acres but in examining the proprietors records we could not find that for this right of land any pitch was made of what are called after divisions, to which it was entitled by common usage. The survey of the lots is as follows.
'A survey of the three public school lots in Royalton in the year 1832 and this 6th day of November 1834. Beginning at the South East corner of Lot No. 52 Town Plot, in sd Royalton, then in the East line of sd lot 225 rods to the North East corner of sd Lot, then run- ning in the North line of sd Lot, No. 52, 232 rods to stake & Stones, then running South 6212 West 217 rods to the South line of sd Lot, thence in the South line of sd lot 232 rods to the place of beginning containing 300 acres with an allowance of 15 acres for roads, and sd Lot is divided into three equal lots of Land of 105 acres each by corners placed in the East & West lines of sd 315 acres.
A true Survey Attest Daniel Child Surveyor'
The right of Land which was designated for the social Worship of God we find to have been leased to three original lessees, but in comparing the amount land to each there seems to be a deficiency in that tract of land of from twenty to forty acres, owing, probably, to the fact that that lot was layed off adjoining Sharon up to the most Easterly line, which has been run between that town and this, but which has since been abandoned. It seems that no equivalent for that loss has been secured to sd right, neither have its after divisions been pitched.
That right of Land which has generally been considered as de- signed for and belonging to the first settled Minister in the town was assumed and entered upon by John Searl who was in fact the first settled minister in town. Said Land was pitched 100 acres in Lot No. 11 East side & is now in possession of Oliver Curtis, the remain- ing 200 acres were pitched in Lot No. 40, west side, in possession of
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HISTORY OF ROYALTON, VERMONT
Jonathan Bowen. so far as we can ascertain the after division per- taining to sd right was pitched in Lot No. 17, south end of middle hundred, now pertaining to the farm lately owned by Bancroft Fowler. It appears by the records of the town that Mr. Searl in consideration of having 30 acres of land down upon the south of the River where Mr. Durkee now lives, quit claimed to the town his right and title to the two hundred acres in Lot No. 40, with the after division, and that his heirs deeded the other hundred to Curtis. subsequent to this (viz in 1788) by vote in town meeting (the town?) authorized the Selectmen to deed sd 200 acres in Lot No. 40, with the after division to Zebulon Lyon in exchange for a part of what was called the Brewster Lot, the same where Dea Joiner now lives, which deeds were duly executed, with respect to the right of the proceedings it must be determined from the charter."
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