State papers of Vermont, v. 2, Part 2

Author: Vermont. Office of Secretary of State; Vermont. General Assembly
Publication date: 1918
Publisher: Montpelier : Published by The Secretary of State
Number of Pages: 870


USA > Vermont > State papers of Vermont, v. 2 > Part 2


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IN TESTIMONY whereof, We have caused the Seal of this State to be affixed in Council this 23ª day of Feby AD. 1781 & in the 5 Year of our independence.


THOMAS CHITTENDEN


By His Excellency's command Thomas Tolman Depy. Secy.


Note .- The foregoing from Vol. I. pp. 70-73 of [Ms.] Vermont Charters is again re - corded without substantial change on pp. 23-25 of "Vol. II" Vermont Charters.


ANDERSONS GORE


THE GOVERNOR, COUNCIL AND GENERAL ASSEMBLY OF THE FREEMEN OF THE STATE OF VERMONT-


To all people to whom these presents shall come-GREETING:


KNOW YE, that whereas Captain James Anderson, John Woodburn, John McCormick, Peter Aikin, Samuel Eayrs, Joseph Oughterson, James


7


ANDERSON'S GORE


Mack, Joseph Mack, Archibald Mack, and David Derby, have by their petition requested the grant of a Gore or tract of unappropriated lands, lying within this state, and bounded as follows to wit, BEGINNING at a stake and stones being Grafton Northwest corner, then south ten degrees west four hundred and eighty chains to a stake with stones, standing on the North line of Johnson's Gore, thence West thirty seven chains to a stake with stones on the former East line of Londondarry, thence North ten degrees east four hundred and eighty chains to a stake with stones being the North East corner of Londonderry as originally granted, thence East thirty seven chains to the first bounds; containing about one thousand seven hundred and thirty acres of land-WE HAVE THOUGHT FIT, for divers valuable considerat ons us hereunto moving and do by these presents in the name and by the Authority of the Freemen of the state of Vermont, give and grant the gore or tract of land above bounded and described, unto the several persons above named their heirs and assigns; which Gore or tract shall be and hereby is annexed unto and hereafter shall be taken and reputed a part of the town of Windham and the inhabitants which do or shall hereafter inhabit said gore or tract shall be entitled to, and have and enjoy all the priviledges and immunities which the other inhabitants of Windham aforesaid do and ought by law and the constitution of this state to exercise and enjoy.


TO HAVE AND TO HOLD, the said granted premises, with all the privi- leges and appurtenances thereunto belonging unto the said Grantees and their respective heirs and assigns forever upon the following conditions and reservations, to wit, that each proprietor of the Gore or tract his heirs or assigns shall plant or cultivate five acres of land, and build an house at least eighteen feet square on the floor or have one family settled on each respective right within the term of three years next after the first day of July 1785-on penalty of the forfeiture of each respective right or share of land in said tract not so improved or settled, and the same to revert to the freemen of this state to be by their representatives re- granted to such persons as shall appear to settle and cultivate the same.


GRANTED by the General Assembly by their Resolution bearing date the twenty seventh day of February AD. one thousand seven hundred & Eighty two-In testimony whereof we have caused the seal of this state to be affixed in Council this twenty second day of October AD. one thousand eight hundred and one-And of the Independence of the United States the twenty sixth


By his Excellencys Command


ISAAC TICHENOR


Ros. Hopkins Secy. of State.


Recorded Oct 22ª 1801


Attest Ros. Hopkins Secy.


8


CHARTER RECORDS


[CHARTER OF ATHANS]


State of Vermont THE GOVERNOR COUNCIL AND GENERAL ASSEMBLY OF REPRESENTATIVES OF THE FREEMEN OF VERMONT.


L S To all people to whom these Presents shall come-GREETING:


KNOW YE, that whereas it has been represented to us by our worthy Friends Doctr SOLOMON HARVEY, JOHN MOOR, and JONATHAN PERHAM, and their associates; That there is a Certain Tract or Parcel of Vacant Land within this State which has not been heretofore granted, which they pray may be granted them. We have therefore tho't fit for the due encouragement of setling a New Plantation within this State and other Valuable Considerations us hereunto moving; And do by these Presents in the Name and by the Authority of the Freemen of the State of Vermont, Give and Grant unto the said Solomon Harvey, John Moor, Jonathan Perham, and the several persons hereafter named their asso- ciates, vizt, Samuel Skinner, Elisha Ayer, Eliphalet Skinner, Zachariah Skinner, William Hartwell, Jonathan Baiden, Abraham Derry, Fairbank Moore, Fairbank Moore Jur, William Moore, Timothy Welman, Timo- thy Welman Ju', Derius Welman, Abel Malton, John Crafford, Rosebrok Crafford, Samuel Ashley, Benjamin Fletcher, Jonathan Foster, Seth Oak, Samuel Bailey, Joseph Roser, Micah Read, Joshua Warner, James Shafter, Nehemiah Peirce, Timothy Bullock, David Darby, Noah Woo- ward, Benjamin Peirce Jur, Abiel Whitman, Samuel Norcross, Calvin Oak, Nathaniel Oak, Silas Thomson, Phillip Goss, Jeremiah Tinkham, . John Alexander, Daniel Ashley, Nehemiah Hoskins, William Beal, Riverius Hooker, Daniel Hooker, Joel Perham, Leonard Perham, Reuben Alexander, Asa Alexander, Jonathan F. Holmes, Elias Taylor, Hezekiah Haven, Andrew Barber, Edward Houghton, Isreal Chapman, Ellys Thayer, Asahel Hooker, Ephraim Holden, Jabez Walcut, Jesse Walcut, Jonathan Moore, Peter Wilson, John Perham, Timothy Walker, Cyrus Whitcomb, and Cyrus Whitcomb Ju' Together with two equal shares to be appropriated to public uses as followith-vizt. one share for the use of a school, or schools within said Town, one share for the first setled Min- ister of the Gospel to be disposed of For, that purpose as the Town shall direct. The following Tract or parcel of Land lying and being in this State discribed and Bounded as follows, vizt. BEGINNING at a certain Stake & Stones one Mile North ten Degs east of the Northwest Corner of Westminster; Thence south Ten Degs west one mile to the said Northwest corner of Westminster, Thence seven miles on the west line of said West- minster to Putney North line, Thence west Ten Degs North on Putney line one mile and a half. to a Stake and Stones-Thence North Ten Degs East five miles to a Stake and Stone, Thence west Ten Degs North one mile and a half to a Stake and Stones, Thence North Thirteen Degs East Two Miles and Forty Rods to a Stake and Stones, Thence East three miles to the first


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٠ جاء ٠٠.


9


AVERY'S GORES


mentioned Bounds. And that the same be and hereby is incorporated into a Township by the name of ATHANS and the Inhabitints that do or shall hereafter Inhabit said Township are declared to be Infranchised and Intitled to all the privildges and Immunities that other Towns with- in this State by Law exercise and enjoy.


To HAVE AND TO HOLD, the said granted and discribed Tract of Land as above expressed with all the priviledges & appurtenences to them and their respective Heirs and assigns forever upon the following Conditions and reservasions, Vizt.


INPRIMIS THAT each Proprietor of the Township of ATHANS aforesaid his Heirs or assigns shall plant and Cultivate Ten acres of land and Build a House at least Eighteen feet square on the floor, or have one Family setled on each respective right or Share of Land in said Town within the term of Two years Next after this date; And that each proprietor begin an Improvement on Each right or share on or before the first day of March next, on penalty of the Forfeiture of his right in said Township, And the same to revert to the freemen of this State To be by their representatives regranted to such as shall effectually settle and Cultivate the same .- Provided alwayes, and it is hereby declared not to be the Intent of the Grantors, & Grantees, that this grant shall be valied or binding in anywayes whatsover where it may Interfere with Grants of N. Hamp- shire .-


SECUNDO THAT all Pine Trees suitable for Mast and Spars for Shipping be reserved to the use & Benifit of the Freemen of this State. IN TESTIMONY whereof we have caused the seal of this State to be afixed at Arlington in the County of Bennington this 3d day of May AD. 1780. and in the fourth year of the INDEPENDENCE of this State.


Joseph Fay Secy


THOMAS CHITTENDEN.


Note .- The foregoing from Vol. I, pp. 5 and 6 of [Ms.] Vermont Charters is again recorded on pp. 10 and 11 of "Vol. II" [Ms.] Vermont Charters, without substantial change .


[AVERY'S GORES]


The Charter of three Gores of Land Granted to Samuel Avery Esq.


THE PEOPLE OF THE STATE OF VERMONT, BY THE GRACE OF GOD, FREE & INDEPENDENT


To all to whom these presents shall come-GREETING:


KNOW YE, that we have given, granted & confirmed & by these presents do give grant & confirm, unto SAMUEL AVERY of Westminster, in the County of Windham & State of Vermont, Esq' the several Tracts.


10


CHARTER RECORDS


or parcels of Land following vizt, One Gore or Tract of Land lying west of Fayston in the County of Chittenden, bounded as follows, BEGINNING at the Northwest Corner of Fayston & running South 26 Do west 654 Chains in the westerly line of said Fayston to the Southwesterly corner thereof, Thence North 10 Do & 20 Minutes East, 669 Chains & 41 links to the southerly line of New Huntington, Thence South 67 D° east 147 Chains 32 links in the southerly line of New Huntington to the southeast corner thereof, Thence South 56 Do & 39 Minutes East 34 Chains 5 78 links to the bounds begun at, containing five thousand nine hundred & ten acres of Land-Also one other Gore or Tract of Land, lying West of Kingston, bounded as follows, BEGINNING at the Northwest Corner of Kingston, being a hemlock Tree standing on uneven land, marked Kingston Corner 1787, & running South 36 D° West six Miles & 28 Chains in the west line of said Kingston to a great birch Tree marked Kingston southwest corner 1787, Thence north 61 D° West in the northerly line of Hancock about a Mile to the east line of Ripton, Thence North nine Degrees East, about six Miles to the Northeasterly corner thereof, Thence north 81 D° West six Miles & ten Chains to the Northwesterly corner thereof, Thence North 89 D° East in the South line of Lincoln six miles & 50 Chains to the point where Lincoln line intersects the southerly line of Warren, Then South 61 D° East about four Miles to the bounds begun at-containing Eight thou- sand seven hundred & forty four Acres of Land, Also one Tract or Gore of Land lying West of Lewis in the County of Orrange, bounded as follows, BEGINNING at the most westerly corner of Lewis, being a great birch Tree marked Lewis west Corner Sept. 13 , 1785, & running north 45 D° West one Mile & 53 Chains to a stake standing in the Northeasterly line of Caldersburgh 16 links South 33 D° West from a Spruce Tree Marked Warren 1788, Then North 17 D° East five Miles & 17 chains & thirty Links to a birch Tree marked Warren 1788 standing in the southerly line of Hamilton. Thence South 82 D° & 20 Minutes East, in the southerly line of said Hamilton to the Southeasterly corner thereof to a Spruce tree marked Nº5, & Nº6, 1785, standing in the westerly line of Averill, Thence south forty Degrees West in the westerly line of Averil & Lewis about seven Miles & a half to the bounds begun at, containing Ten thousand six hundred & Eighty five Acres of Land-Together with all & singular the rights, heredita- ments, & appurtenences, to the same belonging, or in any wise apper- taining; excepting & reserving to ourselves all gold & Silver Mines.


TO HAVE & TO HOLD the above described & granted premises unto the said Samuel Avery his heirs & assigns, as a good indefeasible estate, forever, On Condition nevertheless, that within the Term of seven years to be computed from the first day of January next ensuing the date hereof, there shall be one actual settlement made on the said Tract of land hereby granted to every five hundred Acres, otherwise these our Letters patent, & the estate hereby granted shall cease, determine, & become void. IN TESTIMONY whereof we have caused these our Letters to be made patent & the great seal of our said State to be here- unto affixed; Witness our Trusty & wellbeloved Thomas Chittenden


11


AVERY'S GORES


Esquire Governor of our said State, General, Commander in Chief of all the Militia of the same, at Bennington this 27 day of January A D 1791 & in the 15 year of our independence-Passed the Secretary Office the 27 day of Jany. 1791 By His Excellencys Command THOMAS CHITTENDEN Joseph Fay Secy.


Charter of a tract of land granted to Sam' Avery Esq.


THE PEOPLE OF THE STATE OF VERMONT, BY THE GRACE OF GOD, FREE AND INDEPENDENT


To all to whom these Presents shall come-GREETING:


KNOW YE, that we have given, granted, and confirmed, an by these presents, do give, grant, and confirm, unto Sam! Avery Esq' All that Certain Tract or Parcel of land situate lying and being in the County of Chittenden and State of Vermont, BOUNDED westerly on a Tract of Land granted to Luke Knoulton Esqr., Northerly on Mont- gomery, Easterly on a Tract of Land granted to John Kelly Esqr, by the name of Kellyvale and Southerly on Belvidere Township. BE- GINNING at the most northerly corner of Tract Nº 1. Chartered to John Kelly by the name of Kellyvale which is in the Southerly bounds of the Township of Montgomery, thence along the said Township of Kellyvale, south thirty six degrees west three miles and thirty Chains to the second corner of the Township of Kellyvale which is one of the corners of the Town- ship of Belvidere granted to the sd. John Kelly, Thence nearly west along the bounds of the last mentioned Township about five miles and three quarters to the southeasterly Corner of a Tract of Land granted to Luke Knowlton Esq". Thence along the Easterly line of said Tract, North forty six degrees and thirty minutes East four miles and thirty Eight Chains to the northeasterly Corner thereof which is in the southerly line of the Township of Enosburgh thence along the southerly line of Enosburgh and Montgomery south Eighty two degrees and twenty minutes East to the place of Beginning, containing nine Thosand seven hundred and twenty three Acres of Land together with all and singular the Rights, Hereditaments, and Appurtenances to the same belonging, or in any Wise appertaining; excepting and reserving to ourselves all Gold & Silver mines To have and to hold the above described and granted premises unto the said Samuel Avery and to his Heirs and Assigns, as a good and indefeasible Estate of Inheritence forever. On condition nevertheless, that within the Term of seven years to be com-


12


CHARTER RECORDS


puted from the first day of January next ensuing the date hereof, there shall be one actual Settlement made for every six hundred and forty acres of the said Tract of Land hereby granted; otherwise these our Letters Patent, and the estate hereby granted, shall cease, determine and become void.


IN TESTIMONY whereof, We have caused these our Letters to be made patent, and the great Seal of our said State to be here unto affixed. Wit- ness our trusty and well beloved Thomas Chittenden, Esquire Governor of our said State, General and Commander in Chief of all the Militia of the same, at Windsor this 29th day of October in the year of our Lord one thousand seven hundred and ninety one and in the 15th Year of our Independence. Passed the Secretarys office the 29th day of Oct. 1791 By His Excellency& Command THOR CHITTENDEN


Joseph Fay Secy


Recorded February 23d 1809 Att. Th. Leverett Secy.


The Charter of Five hundred & fifty four Acres of Land granted to Samuel Avery Esq.


THE PEOPLE OF THE STATE OF VERMONT BY THE GRACE OF GOD FREE & INDEPENDENT


To all to whom these Presents shall come-GREETING :-


KNOW YE that we have given granted & Confirmed and by these presents Do give grant and Confirm unto Samuel Avery of Westminster in the County of Windham & State aforesaid Esquire One Certain Tract or Parcel of Land Described & bounded as follows Vizt, BEGINNING at the Most Eastarly Corner of Highgate & Running South seventy seven De- grees & thirty Minutes East three Miles and fifty one Chains & Twelve Links to the West Line of Berkshire thence South in the West Line of Berk- shire forty Chains thence North Seventy Degrees West three Miles Sixty one Chains and fifty Links to the Bounds began at Containing five hundred and fifty four Acres being part and in pursuance of a Grant of Land made unto the said Samuel Avery by the Legislature of said State at their Session holden at Westminster in October AD 1789 together with all and Singular the Rights Hereditaments & Appurtenances thereunto be- longing or in any wise Appertaining-


To HAVE & To HOLD the aforesaid granted and Described Premises unto the said Samuel Avery his Heirs and assigns as a good Indefeasible


13


AVERY'S GRANT


estate of Inheritance forever ON CONDITION NEVERTHELESS that within the Term of seven years to be Computed from the first of January next ensuing the Date hereof there shall be one actual settlement made on the aforesaid Tract of Land granted so as aforesaid Otherwise these our Letters Patent and the estate hereby granted shall Cease Determine and become Void-


In Testimony whereof we have Caused these Letters to be made Patent & the great Seal of our said State to be hereunto affixed WITNESS our Trusty and well beloved Thomas Chittenden Esquire Governor of said State General & Commander in Cheif of all the Militia of the Same at Williston this 28 Day of June in the Year of our Lord one thousand seven hundred and ninety six


By his Excellency' Command


Truman Squier Secretary


THOMAS CHITTENDEN


[AVERY'S GRANT]


Charter of a Tract of Land granted to Sam1 Avery Esq


THE PEOPLE OF THE STATE OF VERMONT, BY THE GRACE OF GOD, FREE AND INDEPENDENT,


To all to whom these Presents shall come-GREETING:


KNOW YE, That we have given, granted, and confirmed, and by these Presents do give, grant, and confirm unto Samuel Avery Esquire of Westminster in the County of Windham and State aforesaid all that certain Tract or parcel of Land lying and being in the County of Orange in the State aforesaid and is described and bounded as follows Vizt Beginning at the northwest corner of a Tract of Land surveyed for John Kelly Esquire, being a Hemlock Tree Marked IK MC 1792 standing in the East line of Carthage 120 chains north from the southeasterly corner thereof and running north in said East line of Carthage about four miles and a half to the northeast corner thereof. Thence S 82° 20' E in the north line of the State 5 miles & 15 chanes to the northwesterly corner of Duncans- borough, being a beach Tree Standing on the west side of a Hemlock & spruce ridge marked Duncansborough 1789 then South 20° west about Four miles and 40 chains in the westerly line of Duncansborough to a Hemlock tree marked IKM 1792 being the NE corner of a Tract Surveyed for John Kelly Esq'. thence N 82° 20' west to the bounds began at containing Eleven


CHARTER RECORDS


Thousand and forty acres, together with all and singular the Rights Hereditaments and Appurtenances to the same belonging, or in any Wise appertaining; excepting & reserving to ourselves all Gold & Silver mines. To have and to hold the above described & granted Premises unto the said Samuel Avery and to his Heirs & Assigns, as a good and indefeasible Estate of Inheritance forever, On condition nevertheless, that within the term of Seven years, to be computed from the first day of January next ensuing the date hereof, there shall be one actual settlement made for every six hundred and forty acres of the said Tract of Land hereby granted; otherwise these our Letters Patent, and the Estate hereby granted, shall cease, determine, and become void-


In testimony whereof, We have caused these our Letters to be made patent, and the great seal of our said State to be hereunto affixed Witness our trusty and well beloved Thomas Chittenden Esquire Governor of our said State, General and Commander in Chief of all the Militia of the same, at Rutland this 27th day of October in the year of our Lord one thousand seven hundred and ninety Two and in the 16 year of our Independence.


Passed the Secretarys office the 28th day of December one thousand seven hundred and ninety two


By His Excellency's Command


THOMAS CHITTENDEN


Joseph Fay Secy


Recorded February 24th 1809


Th. Leverett Secy


THE CHARTER OF BAKERSFIELD


THE GOVERNOR, COUNCIL & GENERAL ASSEMBLY OF THE FREEMEN OF THE STATE OF VERMONT


To all people to whom these presents shall come-GREETING:


KNOW YE that LUKE KNOULTON ESQUIRE our worthy friend has by petition requested a grant of unappropriated Land within this State for the purpose of settling a New plantation; WE HAVE therefore thought fit for the due encouragement of his laudable design & for other valuable causes & considerations us hereunto moving, And do by these presents in the Name & by the authority of the freemen of Vermont; give & grant unto the said LUKE KNOULTON & to his heirs & assigns forever the tract of Land bounded & described as follows (to wit) BEGINNING at a Maple tree Standing in the most northwesterly corner of Kellys Grant, marked Knoulton, Kelly 1789, And Runing North 82 D° & 20 Minites West 5


15


BAKERSFIELD-BARTON


Miles & 55 Chains to a Stake standing in the Easterly line of Smithfield 10 Links North 20 D° East from a beach tree Marked Enosburgh, Knoulton 1789, Then South 20 D° West in said Easterly line of Smithfield two Miles 72 Chains & 50 Links to the Southeasterly Corner thereof, being a Stake 15 Links South 20 D° East, from a beach tree Marked Smithfield Corner, Knoulton 1789 Then South 70 D' East three Miles 48 chains to a Spruce tree marked Wms Burgh, Knowlton 1789, Then North 46 Do & 30 Minutes East four Miles & 38 chains in the westerly line of Kellys, grant to the bounds began at, containing ten thousand Acres, Reserving out of sd grant three hundred Acres for the following public uses viz One hundred & fifty Acres for the support of an English School in said Tract & one hundred & fifty Acres for the support of a Minister of the Gospel within the said Tract to be & remain unalienably appropriated to those purposes respectively, the uses, rents & profits of which shall be under the direction of the selectmen within the limits of said Tract, in trust to & for the uses of the inhabitants thereof for the purposes aforesd forever, & that the said two Lotts of Land shall be laid quantity for quality or so as to be a just average of the Lands in said Tract, And the Inhabitants possessing the aforesd Tract of Land shall be entituled to equal privileges with the inhabitants of any other Gore of equal extent within this State & that it be called and Known by the name of BAKERSFIELD.


TO HAVE & TO HOLD the said granted premises as above expressed with all the privileges & appurtenences thereunto belonging unto the said Luke Knoulton & to his heirs & assigns forever, on condition that he cause the settling duties upon the aforesd Tract of Land to be done by actual Settlement & improvement in the same way & manner as is pro- vided in other Towns granted by this State & to be under the same re- strictions & subject to the like penalties & forfeitures in case of neglect. IN TESTIMONY whereof we have caused the Seal of this State to be affixed in Council this 25th, day of January 1791 in the 15th year of our Independence.


By His Excellency& Command


Joseph Fay Secy.


THOMAS CHITTENDEN


THE CHARTER OF BARTON


THE GOVERNOR, COUNCIL AND GENERAL ASSEMBLY OF THE STATE OF VERMONT,


L. S.


To all People to whom these Presents shall come-GREETING:


KNOW YE that whereas our worthy Friend Colonel WILLIAM BARTON and his associates, have by petition requested a grant of un- located Land within this State for the purpose of settleing a new planta-


16


CHARTER RECORDS


tion to be erected into a Township, WE HAVE therefore thought fit for the due encouragement of their Laudable designs, and for other valuable causes and considerations us hereunto moving .- AND DO by these Pre- sents in the name and by the authority of the Freemen of the State of VERMONT, give and grant unto the said WILLIAM BARTON and the several persons hereafter named, his associates, the tract of Land hereafter described and bounded to be divided into equal shares, vizt, Colonel William Barton six seventieth Parts; Cotton Gilson seven seventieth parts; John Murry four seventieth parts; Honbl Ira Allen Esq' Eighteen. seventieth parts; Honbl Daniel Owen Esquire three seventieth parts; . Elhanah Watson two seventieth parts; Charles Hendy two seventieth parts; Henry Rice two seventieth parts, and the following names are to be entitled to one seventieth part, viz, Peter Phillips Esq', William Griswold, Benjamin Gorton, John Gorton, Joseph Whitmarsh, Elisha Bartlet, Richard Steer, Enoch Sprague, John Holbrook, Benjamin Hendy, John Mumford, Benjamin Bowen, Michael Holbrook, Colonel Asa Kempble, Ephraim Bowen Jur, Joseph Gorton, Elijah Bacon, Joshua Bliven, David Barton, Paul Jones, Elijah Gore .- Together with the five following equal shares to be appropriated to public uses in manner following, vizt, one equal share for the benefit of a College within this State one equal share for the benefit of County Grammer Schools throughout this State, one equal share for the first settled minister of the Gospel in said Town, one equal share for the benefit of an English School within said Town, & one equal share for the benefit and support of the Ministry in said Town to be appropriated for that purpose as the Inhabitants of said Township shall from time to time judge proper .- Which tract of Land hereby given & granted as aforesaid is described & bounded as follows, vizt.,




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