74
128
130
53
30
62
140
52
100
128
116
104
114
52
13
126
108
84
66
19
91
98
64
132
51
35
127
56
15
103
57
94
49
105
9
18
77
27
8
91
100
16
37
6
46
78
23
122
110
30
80
55
51
112
124
92
121
123
* Voted to him by way of settlement.
PROPRIETARY HISTORY.
TABLE — continued.
5T
NAMES.
H. L. ADB. O. H. 2p.2d 3d D. 4th D. 5th D. 6tll D,
Parsonage lots
Samuel Penhallow, Esq. . .
James Perkins
Thomas Phipps, Esq
Capt. Joshua Pierce
Capt. Thomas Pierce
George Pierce
Jonathan Plummer
John Prescutt
John Prescutt, Jr
James Prescutt
Samuel Prescutt
Ichabod Roby
Rev. Xathaniel Rogers . .
Robert Row
Eleazer Russell
Capt. "William Rymes . . .
Joseph Sanborn
Kathaniel Sanborn
Benjamin Sanborn
Reuben Sanborn
John Sanborn
Enoch Sanborn
Edward Sanborn
Capt. Jonathan Sanborn.
Jerry Sanborn
School lots
John Shackford
Samuel Shackford
Capt. Henry Sherburne .
Samuel Sherburne
Capt. Joseph Sherburne.
Dja. Samuel Shaw
John Sniy
Rev. Thomas Simms
Thomas Silver
128
56
25
5T
131
121
103
105
146
33
2G
116
142
2
127
135
40
3
115
14
120
49
8
112
29
148
51
13
11
137
60
35
68
67
37
34
50
126
16
57
44
111
120
128
65
64
119
88
117
32
80
106
118
122
25
112
68
124
58
79
22
92
89
90
66
29
107
3
9
90
57
133
95
21
5-
39
79
25
126
130
96
82
111
45
38
58
92
31
117
54
127
27
120
48
59
89
55
119
49
109
56
37
1
105
23
78
122
84
101
123
18
10
15
58
51
70
31
81
05
40
133
54
103
38
72
2
117
107
28
48
128
67
47
8
63
45
76
96
115
29
25
90
93
70
80
96
53
84
88
31
122
121
17
54
2
4
28
59
8
55
89
66
120
103
106
33
3
91
97
74
21
30
69
107
1
26
38
38
32
-
54
92
89
88
119
29
122
78
109
11
104
66
121
134
118
19
42
111
65
108
52
42
113
88
126
21
82
29
90
98
75
126
3
124
136
62
107
7
53
78
36
6
134
34
2
28
28
60
27
72
126
47
91
21
55
3
119
7
96
84
30
22
99
49
1
106
94
40
50
77
31
38
45
137
13
64
43
-
70
75
81
118
62
34
60
44
114
80
46
113
50
105
126
106
85
54
91
6
43
20
120
76
117
112
107
58
HISTORY OP CHESTER.
TABLE — concluded.
NAMES.
H. L.
ADD.
O. H.
2p. 2d 3d D.
4th D.
5th D.
6th D
Susannah Small
134
109
111
45
39
145
136
16
15
150
113
34
41
102
55
47
124
65
64
9
133
B
101
62
74
48
58
143
12
43
61
109
30
102
108
129
67
39
98
49
60
56
101
99
23
116
54
14
12
70
78
Farm
84
5
13
123
2
69
103
28
76
18
132
51
103
97
66
26
7
134
72
65
42
00
12
112
11
13
61
68
32
Of
41
34
138
14
84
115
118
121
124
9
53
125
5
114
62
60
24
132
120
119
64
57
85
23
111
89
27
83
109
250)
200 J
50)
30
118
94
32
129
4
92
11
73
7
114
81
51
36
6
108
78
45
65
98
14
10
18
111
76
60
123
92
29
acres.
125
24
127
32
58
42
23
48
113
74
35
112
33
1
46
111
62
22
44
115
105
131
8
102
43
3
58
2
71
41
26
103
63
66
101
14
57
68
111
9
13
100
50
52
135
38
5
24
54
49
102
88
80
59
107
131
09
74
77
35
132
27
81
8
61
30
32
20
Benjamin Smith
75
Elislia Smith
Samuel Smith
47
33
CaDt. Henrv SloDer
125
Jacob Stdini3,ii
102
Steitlien Sweat
108
19
David Tilton
85
117
Samnpl Thoninson
97
Philip Towie
45
71
Caleb Towle
63
Col. Shadrack Walton
69
Col. Peter Weare
86
Nathan Web'^ter
22
79
Capt. Ebenezer Wentworth
Benning Wentworth
1
4
58
Thomas AVhitiner
14
William White
40
Capt. Richard Wibird
101
Capt. Joshua Wingate
24
Col Thomas Westbrook
01
TTpnrv Works
7
115
CHAPTER IV.
SETTLEMENT OF THE LINES.
At a meeting of the proprietors held at Kingston, Dec.
31, 1723,
" Voted, That a Committee be Chosen to Join with the
Londonderry Committee to run the Line between Chester
and Londonderry.
" Voted, That Sam" Pcnhallow, Esq'', George Jaffrey,
Esq', and Capt. Henry Sherburne be the Committee."
At a meeting March 31, 1726, it was
" Voted, That the Selectmen be a Committee to Apply
to the Gov' & Council for a Committee to run the line be-
tween Exeter & Chester, and that they forward the Com-
mittee that are Appointed to run y'' line between Chester &
Londonderry to make their return as Soone as possible."
At a meeting on the 31 of Oct., 1726,
" Voted, That Caleb Towl & Sam^ Ingalls be a Commit-
tee w^'* the Selectmen to see that the line between Chester
& Nottingham be run'd according to Charter, and also the
head line of Chester."
Tliese lines were run soon after, as appears by the
accounts. Ichabod Roby charges for four days between
Exeter and Chester, five and a half days next Nottingham.
I have not been able to find any return of the running of
these last lines, but there was a tradition which I had from
my father, many years since, that they ran out their four-
teen miles, and not finding the river, stopped and took
legal advice, and were directed to run to their monument
regardless of the measure ; that they ran to and across
the river, and then made the head line curve half a mile.
60 HISTORY OF CHESTER.
The head line is crooked ; but the most probable hypothesis
is that they started at the three pines at Londonderry, and
took a course too far west and so made a curve, and per-
haps came out the west side of the river. Tliis line comes
to the river just below Martin's Ferry and crosses the
river. The road to the Ferry laid out in 1766 came to
the river " where Lousy brook enters the river," then
began at the west bank and ran about northwest to the
line of the town.
At a town meeting, March 13, 1794,
" Voted, Stephen Chase, Arthur Livermore, & Will"^
White, Esqrs.,be the Committee (with full Power in behalf
of the Town of Chester) to settle with Derriileld and Goffs-
town, and petition the General Court in Order to make the
River the Jurisdiction line from allenstown down to Derri-
field."
There was probably an Act passed to that effect, but I
have not seen it.
The fourteen-mile line, according to the surveys for Car-
rigain's map taken about 1805, was Raymond against Not-
tingham, three miles two hundred and fourteen rods ;
against Decrfield, two hundred and eighty-eight rods ;
Candia, six miles two hundred and twelve rods ; Chester,
now Hooksett, against Allenstown, five miles one hundred
and sixty rods; making sixteen miles two hundred and
thirty-four rods to the river.
EXETER LINE.
Oct. 15, 1726. Clement Hughes, Robert Smith and Jolm
Sanborn, selectmen, preferred a petition to the Governor
and Council, showing that Capt. Tobias Langdon, Capt.
Timothy Gerrish and John Smith had been appointefl to
run the head line of Exeter, and did it under the direc-
tion of the selectmen of Exeter, and made a return to them
instead of to the Court. They pray for a committee " to
run the two miles that Exeter is to run a W. b, N. point
above Dover, and then upon a straight line to a beecli tree
PROPRIETARY HISTORY, 61
on Kingston side lino, appointed and marked in 1718 by
the grand committee chosen by the General Assembly to
fix the bounds of each town ; which straight line is the
dividing line between Chester and Exeter."
Dec. 16, 1726. Clement Hughes, for himself and in be-
half of the rest of the selectmen of the town of Chester,
petitioned the Lieut.-Governor and Council, showing :
" Tliat the Prop^ of y° Town of Chester in the year 1722
Obtained a Charter which bounded the said Town on
Exeter head bound, which bounds were made certain in
the year 1718 by a Grand Committc chosen for that pur-
pose by y" Gcn^ Assembly in y*" year 1715, as appears by
the return of said Committe in the Secretary's office ;
but the Clerk that drew up the return of said Committee
made a mistake therein. Saying that Exeter Should run ten
miles upon a W. b. N. Line from the North tree, whereas
the Committee's Intent and former settlement was from
the South tree, as can be made to appear by Living Evi-
dence, &c., Sundry of y® Gentlemen that were of y® Com-
mittee being now alive; and the Selectmen of Exeter taking
advantage of s'^ mistake would tend to the ruin of the Town
of Cbester.
" Yo"" petition'^ therefore humbly prays that the said Mis-
take may be rectified, and that no room may be left for
Future Contention between ^the afore**^ Towns. And your
Petitioner as in duty bound shall ever pray.
" Dec. 16, 1726. Clement Hughes."
" In Council, Dec"- 15, 1726.
" The Selectmen of Chester appearing to Prosecute their
Petition for a Committe to run the head line of Exeter
which is the Dividing line between the s^ Towns, and the
Selectmen of Exeter also appearing, and both parties being
fully heard, It is Or'^ that the Prayer of the Petition be
Granted ; that Nath' Weare, Esq., Deacon John Cate &
Dan' Lunt be a Committe, or the Maj"" of them, to run and
settle y"" s'^ Dividing line, and That they begin at the red
oak tree marked for Dover west northerly bounds, and run
from thence upon a West & by North point of the Compass
two miles for Exeter bound on that side, and from thence
upon a straight line to the beach tree marked for Exeter
west northerly bounds, according to the grand committee's
'62 HISTORY OF CHESTER.
return in y® year 1718, and that they measure from the
said Beach tree along Exeter side line, being E. & b. S., to
a Commonly Called Exeter South tree, which is the bound
next Hampton ; and they make report to this board of their
doings therein sometime between this time and the Tenth
of Jan^ next, and that the Charge be paid by the two Towns
jointly.
E. Waldron, Clr. Con."
'J
THE committee's RETURN.
Pursuant to an order of the lion''''' the Lieut Governor
& Council of his Majest* Prov^ of New Hamp'' bearing date
Dec'' 15^^, 1726, Wee, The Subscribers, have been at the
Red Oake Tree Marked for Dover West Northerly bounds,
& Run from Thence upon a West ct by north Point of the
Compass two miles, making allowance for Windfalls & Un-
eveness of Ground, and there markt a Young Red oak Tree
for Exeter Bounds on that Side ; & from thence Run South
twenty-nine Degrees and Thirty Minuts West, Eight miles
and ninety Rods, without allowance to the Beach Tree
Marked for Exeter West Northerly Bounds.
Jan>- 9, 1726-7. John Gate,
Daniel Lunt.
LONDONDERRY LINE.
January 6, 1725-6. Henry Sherburne, Thomas Packer,
Samuel Ingalls and John Sanborn, in behalf of the pro-
prietors of Chester, petitioned Gov. Wentworth and Coun-
cil, showing :
" That two years since they Chose a Committe to Join
with a Committe of Londonderry to run the Lines be-
tween the two Towns, which the said Committee accord-
ingly began, and made some Progress in it, but did not
Compleat them by reason that the Committee of London-
derry would not Consent to allow the usual allowance (of
Eleven Chains for ten) for windfalls, &c., in y® woods in
the measure in the W. N. W. side Line, and would allow
only bare measure, which was unreasonable, and never
Practiced before ; the reason being so Exact is because the
Proprietors of Londonderry have artfully contrived to have
it in their Charter to Ligross to themselves the fishing
PROPRIETARY HISTORY. 63
place at Amoskeag, by taking into their Town a small gore
of Land at the Head of Chester, untill it takes the said
fishing place, they having measured it beforehand for that
purpose. Their Ingrossing to themselves y® fishing ])lace
will not only be greatly prejudicial to Chester but also to
the other new towns."
They pray for a committee. Day of hearing the 25th in-
stant and order of notice. The prayer granted and James
Stevens appointed surveyor, Benj. Barker and Jno. Call-
ton chainmen, and Capt. John Gilman and Edward Hall
to keep tally and see that proper allowance is made.
THE committee's RETURN.
Province of New Hampshire :
Pursuant to an order from y^ Hon'''" Jo° Wentworth,
Esq', Lieut. Govern' and y*^ Hon'"'*^ Council for the province
affors**, passed in Council JbP 25, 1725-6, Ordered, that M'
James Stephens should be Surveyor to Run y'' Course of
y® Dividing lines Between y'' towns of Londonderry & Ches-
ter, and W Benj'"* Barker and John Callton to Carry y^
Chain to Measure y*" s'' lines, and that Capt. John Gillman
and M"" Edward Hall to go one w'*^ y*^ One Chain man & y®
other yf^^ j^' other Chain Man to give just allowance as
they thought fitt.
The forementioned Committe y*^ IS*'^ of this Instant
Oct'", and began a Beetch tree on Kingstown head line and
Run W. X. W. Course and Measured y'^' Same, and gave a
just Allowance according to y*^ best of our Skill <fc Judg-
ment, Untill we Made up ten Miles to three pitch pine trees
standing on a plain & Marked, and then turned on a North
Cource three miles an half to a great Rock in a little hol-
low w*"" a heap of Stones upon it and Marked trees beside
it. all y® afFors*^ lines by Marked trees, the aforesaid Com-
mittee being upon oath.
Ja^ Stephens, Surveyor.
Beni^ Barker, ) ^i .
T 1 n 114. ( Chammen.
John Callton, )
John Gillman, ) ^ „„ „
Edw^Hall, 'I Overseers.
Province of New Hampshire, Portsm*'', Mar. 23, 1726-7.
Entered & Recorded this above written Instrument in y®
province Records, Book 15, page 254 and 155.
P' M. Hunking, Record'.
64 HISTORY OF CHESTER.
KINGSTOWN LINE.
The charter of Kingsto^Yn is dated Aug. 6, 1694. Be-
gins " 7 miles westward of the Meeting house in Hampton,
thence a due course W. B. N. ten miles into the country ;
for its breadth is 4 miles Northerly from said head point of
the west line from s^ Meeting house, and southerly to within
three miles of the Northermost side of Merrimack River."
This had been run by the grand committee as far as
Island Pond, though crooked against Chester, or at least
not in a line to the beech tree, the corner ])etwcen Chester
and Londonderry. The charter of Londonderry on a con-
tinuation of this line lay " due south."
May 10, 1728, David Cargil preferred a petition in l)chalf
of the proprietors of Londonderry, asking for a committee
to settle the line between Londonderry and Kingstown.
He represents that Kingstown charter says " southerly,"
and they claimed S. by W., and that Londonderry charter
says south and that there is no discrepancy, the meaning
being south. The committee repaired to the north bound
of Kingstown and found the old line to run south between
eight and nine degrees west. The line in 1805 ran south
three and a half degrees west. Hence the controversy.
At a meeting October 6, 1741,
" Voted, That mr. John Macmurphy, Robert Boyes, Esq',
and Insin Jacob Sargent Shall Ijc a Committee to See how
Large Kingstown Grant is, and to see what Land yet re-
mains to be Laid out between Said Kingstown head Line
and the Land already Laid out in this town."
At a meeting June 27, 1745,
"Voted, messrs. Capt. John Tolford, John Robie, John
Moore and Enoch Colby Shall be a Committe to treat with
Kingstown Committe that are Chosen to Settle the Lines
between Said towns of Kingstown and Chester, and to Set-
tle with them upon the following Conditions : if they will
Settle with us (viz.) agreeable to their Charter and our
Charter as they bound one upon tlie other, and to make
Return of their doings to the Proprietors at their next
meeting."
PROPEIETARY HISTORY. 65
At a meeting of the proprietors of Chester, Dec. 4, 1745,
" Put to vote whether to Settle the bounds with Kings-
town agreeable to their Desire, passed in the negative.
" Voted, That Robert Boyes, Esq'", mr. Nathan Webster
and Lieut. Thomas Wells Shall be a Committee to take
Care and get a Sirvaior to Run our town Line Bounding
upon Kingstown, and from the Corner of Nottingham to
the River and the head Line of the town, agreeable to our
Charter ; and to get Chainmcn to measure where it is need-
full ; and to do what is needfull to be Don in that affair at
the Proprietors' Charge, and rj.ake return to the Proprietors
at the adjournment of this meeting."
At the adjournment March 4, 1745 [1746],
"Voted, That Robert Boyes, Samuel Emerson, Esqrs.,
and Capt. John Tolford, Shall be a Committe to Petition
the Governor and Council for a Committe to be appointed
by them to Run and Settle the Line between Kingstown
and Chester agreeable to our Charter."
The petition of Samuel Emerson and Robert Boyes,
dated Jan. 24, 1746, to the Governor and Council, in the
Secretary's office, shows, " That the petitioners, the tenth
day of May, 1722, obtained a Charter from this Hon. board,
with a great many valuable Priviledges, <fec., with a grant
of land set forth in said Charter by metes and bounds ; but
part of said lines or bounds have never been run by order
of this Hon. board, especially between your petitioners and
Kingstown, whereby your petitioners hath been laid under
considerable difficulty which yet subsists. May it therefore
please your Excellency and this Hon. board to appoint a
survovor and chainmen to run and mark out said line
according to the metes and bounds in said Charter," itc.
The petition seems not to have been granted.
There seem to be discrepancies in the dates. The peti-
tion for a meeting is dated Nov. 15, 1745 ; the warrant
Nov. 16, 1745 ; the adjournment March 4, 1745 ; but if the
adjournment was 1746, then the petition is dated before the
choice of the committee.
5
66 HISTORY OF CHESTER.
The next we find is at a meeting of the proprietors of
Chester, June 20, 1759,
" Voted, That major John Tolford, mr. John Rohie and
Capt, Anthony Towl shall be a Committee to Treat with
the Proprietors of Kingstown and make a Settlement of the
Lines Between the s'^ Towns of Chester and Kingstown
witli them, agreeable to our Charter and theirs, if they will ;
and if they Refuse to Do that, then they have Power and
are hereby autliorized to Petition the Governor and Council
for a Committe to Establish and Settle the Said Lines, In
behalf of the Proprietors of Chester."
At a meeting of the proprietors of Chester, March 11,
1760,
" Voted, That Major John Tolford, Mr. John Robie, and
Capt. Anthony Towl, all Proprietors of Chester aforesaid,
they or either of them be, and hereby are, agents and attor-
nes for the Proprietors aforesaid, for them and in their
name to agree with the Proprietors of Kingstown and
make a final settlement of the Lines between said towns of
Chester and Kingstown, or in order thereunto, if necessary
and advisable, to Prosecute and defend in the Law any
Petition, action or actions. Real, Personal or mixt, wherein
the Said Proprietors are or may be Literested or Concerned,
in any Court or Courts, to final Judgment and Execution,
with full power to Substitute one or more attorney or attor-
nies under them, and to transact and Do to all Litents and
purposes as the said Proprietors might do if Personally
Present.
" Voted, That the Charge that our Said agents and attor-
nies shall be at in Prosecuting and Defending the aforesaid
Petitions, action or actions, Shall be Raised and Repaid
them by the Proprietors of Chester aforesaid ; and also for
their time and trouble their-in."
It seems that Kingstown Proprietors take their turn to
petition, for we find that John Tolford for the proprietors
of Chester, April 23, 1771, made answer to a petition of
Benja. Stephens and Elislia Sweat, agents for the propri-
etors of Kingstown, preferred to the General Assemljly
April 2, 1761, in which he says, " And the respondents beg
leave to say that the petitioners suggest that the respon-
dents have lately raised a dispute concerning the bounds
PROPRIETARY HISTORY. 67
between Kingstown and Chester, and would remove the
west line of Kingstown further eastward. Now, the respon-
dents say that the said dispute has been of long standing,
and that they, the respondents, now are, and always have
been ready to run the line between Kingstown and Chester
agreeable to the bounds of Chester Charter, and that they
do not desire one foot of land more than is contained
within the bounds of Chester Charter ; and that they would
further observe that were it not for Chester Charter, the
respondents apprehend that the westerly bounds of Kings-
town would be nearly a mile and three quarters more to the
eastward than where the respondents claim, and that they
have often desired the Proprietors of Kingstown to run the
lines between them agreeable to Chester Charter, and have
no objection to the bounds between the said two towns to
be properly run and settled, agreeable to the Charter of
Chester, by per-sons unpredjudiced and that understand the
compass and running of lines."
The line was run, as appears by the petition of Isaac Bias-
del, Joseph Linn and Jabez Hoit, and was as it now stands
and ran as the north road to Sandown runs, twenty rods,
or at right angles seventeen rods, east of the crooked line
claimed by Kingstown. But this did not end the contro-
versy ; but at a meeting of the proprietors November 9,
1772, John Tolford and Samuel Emerson were made agents
with similar powers to those given in 1760.
June 10, 1783, Isaac Blasdel, Joseph Linn and Jabez
Hoit, selectmen of Chester, preferred a petition to the
General Assembly, showing that tliey had been called upon
to return a true inventory of all lots or tracts of land in
Chester to the Secretary's office, which they had done, but
find that seventy-two acres of the land have been i^nven-
toried in Sandown ; that the lines between the towns were
never, so far as they knew, perambulated according to law,
though the selectmen of Kingstown and also the selectmen
of Sandown had often been requested to do it. Though
the selectmen of Sandown, in November, 1782, consented
to perambulate the line between said towns, which was sur-
68 HISTORY OF CHESTER.
vejed and marked by "Walter Bryant, Jr., Esq., in Decem-
ber, 1761, by agreement of the proprietors of Kingstown
and the proprietors of Chester, agreeably to a resolve of
the General Assembly in May, 1761, and the agreement of
the proprietors and Esq. Bryant's return, yet the selectmen
of Sandown refused to sign any return to be recorded.
They pray the General Asseml)ly to consider the difhculty,
when Chester claims a straight line and Sandown a curve
or rather a crooked one. [An abstract.] Day of hearing,
the second day of the next session.
The proprietors of Chester June 7, 1785, " Voted to
James Waddel, Samuel Wilson, Timothy Wells, Sargent
Wells and Benjamin Wells, the land they have respectively
in their possession laying west of Bryant's line," which
was the end of the controversy.
TYNGSTOWN LINE.
At a meeting held June 9, 1741,
" Put to vote whether to take any notice of the Propos-
als made by the Committees meet to Confer upon the town-
ships of Chester and Tyiigstown Infringing upon Each other;
past in the Negative."
This was at first thought to be a clerical error and to
mean Kingstown. But such is not the fact. There was a
long controversy between Massachusetts and New Hamp-
shire about the line between them, and Massachusetts had
granted towns up the Merrimack. Among others there
was a company of volunteers went on snow-shoes, in the
winter of 1703, to Winncpissiokee, against the Indians,
commanded by Capt. William Tyng of Dunstable. A pe-
tition was presented to the General Court of Massachusetts
December 13, 1734, by Ephraim Hildreth and John Shep-
ley, in behalf of themselves and other soldiers, for a grant
of land lying on the east side of Merrimack river, between
Suncook and Litchfield. The grant was made on certain
conditions and was " Tyngstown." Major Hildreth settled
there and built the first mill on the Cohas at Harvey's.
PROPRIETARY HISTORY. 69
They had a meeting-house near the old corner of Chester,