Chapter 6 - The Common Lands from History of Exeter, Rockingham County, New Hampshire (1888) From: Patricia Cooper - pcooper@peaknet.net Source: History of Exeter, New Hampshire by Charles H. Bell, publisher J. E. Farwell & Co, Boston, Mass., 1888 CHAPTER VI. THE COMMON LANDS. THE inhabitants of Exeter having the absolute disposal of the lands within the township, it was to be expected that numerous applications would be made to them for allotments therefrom. This was in fact done to such an extent that a great part of the early records are filled with grants of lands, and descriptions thereof by the lot layers chosen by the town. The descriptions are unfortunately so vague, and refer to so few permanent land- marks, that it is impossible, without a degree of labor far out of proportion with the value of the result, to fix the present location of most of the earlier lots. No equality or rule of proportion, so far as can be perceived, was observed in making the allotments, except in the division of lands in December, 1639, and in the final distribution; but each inhabitant received as much as the town saw fit to give him. No doubt the assignments were intended to be equitable, in view of the circumstances of each case, which were of course well known to the voters. But it is not remarkable that in process of time this method of doling out the lands created dissatisfaction, especially to those who fancied that they were not treated so well as others, which led at length to a general division of the residue of the public domain, and almost literally gave " every man a farm." 'This conclusion, however, was not reached until nearly a century had expired. An account of the disposal of the common lands, as brief as is consistent with clear- ness, is a necessary part of this history. When the town was first settled in 1688, each person probably chose such a site for his dwelling as best suited his convenience, with due reference to the rights of others. If any record was made of their several holdings it has disappeared. We only know that the main settlement was near the falls of the Squamscot, and on the western side of the river. Page 130 At the close of the second season, in December, 1639, a system- atic distribution of certain uplands, perhaps all that were free from the forest growth, and of all the meadows and marshes lying on the salt river, was made, among all, with few exceptions, of the inhabitants. The details of this transaction appear else- where. LANDS OF EDWARD AND WILLIAM HILTON. Before doing this, however, the town designated the bounds of Edward Hilton's lands, which lay in the present township of South Newmarket, as follows: " his upland ground is bounded in breadth from the creek next from his house towards Exeter on the one side and a certain point of land over against Captain Wig- gins his house, between the marsh and the upland, that his bounds on the other side, and it is to extend into the main the same dis- tance in length as it is in breadth; and that he shall have all the meadows which he formerly occupied from his house to the mouth of Lamprey river." To these lands the town laid no claim of proprietorship. At a later period they were alluded to in the records as a grant made to Hilton "by composition." It is evident that he held them by virtue of some prior claim ; whether by actual possession, or as appurtenant to the " Hilton patent," is not known. The town also agreed, on May 3, 1640, that Willam Hilton should continue to enjoy those two marshes on Oyster river which he then, and had former)y, possessed, and " which Mr. Gibbies (Gibbons ?) doth wrongfully detain from him, with the rest of those marshes which formerly he hath made use of, so far forth as they may be for the public good of this plantation; and so much of the upland [adjacent] to them as shall be thought convenient by the neighbors of Oyster river which are belonging to this body ." GRANTS OF TOWN LANDS. Depositions on the files of the old county of Norfolk show that the town at a very early date bestowed upon Thomas Wilson the island in the liver at the falls, on which his house and grain-mill were situated, reserving to the inhabitants only the right to land their canoes, and lay their fish there. Page 131 On May 6, 1643, the town granted to Thomas Rashleigh 14 or 16 acres of land, with the expectation probably that he was to make a permanent settlement there as their minister. He remained about a year, and on his departure the land reverted to the town, and was subsequently regranted to the Rev. Samuel Dudley. On August 21, of the same year, a vote was passed that any inhabitant who should find a marsh of less than twenty acres, might enjoy it as his own forever; if of more than twenty acres, it was to be at the town's disposal, but the finder was to have a double portion out of it. From the earliest surviving book of the town is taken the fol~ lowing record of such marshes : Found, by Samuel Greenfield and Nathaniel Boulter, two parcels lying westward from the town, by estimation nineteen acres apiece; found the first of May, 1644. Granted at a town meeting the 16th of 11 th month to Nathaniel Boulter and Samuel Greenfield. Found, by Robert Booth, one parcel westward from the town, by estimation thirtyacres, which is in the town's hands to be lotted out, if Mr. Wheelwright doth not come to live in Exeter again. Found, by James Wall and Ralph Hall, two parcels, both of them by estimation three acres. Found, by Robert Hathersay, Thomas Jones and Richard Bull. gar, two pieces of meadow, the fifth of August, 1644, which lieth half way up the fresh river, and on both sides of it, being the same brook which goodman. ..Said meadow lieth westward from Exeter some two miles, be it more or less, which is by esti- matioll ten acres, be they more or less, provided that they do not exceed twenty acres. Richard Bullgar doth assign his part of the aforesaid meadows to Robert Hathersay; witness his hand. RICHARD BULLGAR. On June 10, 1644, the town made a grant to Samuel Greenfield of 20 acres; and on June 17, following, voted that a tract of marsh should be given to the Rev. John Wheelwright, on condi- tion that " he doth come amongst us again," On January 16, 1644-5, the town made grants as follows to these persons: Thomas Biggs ; Thomas Crawley 4 acres, condi- tionally; .Thomas King; John Legat, conditionally; Thomas :Marston 80 acres, " if he come to live among us; " William Moore: Henry Roby; John Saunders ; John Smart, Sr. 10 acres ; Anthony Stanyan 30 acres. *The condition usually was that The grantee should improve the land by building upon It, fencing it, or the like, witbin a limited time. The number of acres is stated in all cases where it is given in the record. Page 132 On the same day it was ordered that " there shall be 500 acres of land on the back side of the common field, and 500 acres beyond Humphrey Wilson's great lot towards Hampton, divided by lot to all the inhabitants of the town according to their ratements." It was also ordered that "the flats between James Wall's point and Thomas Wight's old house shall be divided out equally to the inhabitants against whose lots it lies, and the flats on the other side of the channel to be divided to the rest of the inhabi- tants whose lots do not but against the flats on this (the western) side, yet all to lie in common for fishing, till it be improved." The following grants were made by the town in the year 1645 : January 27, John Cram: Thomas Crawley ; Godfrey Dearborn ; Robert Hersey: William Huntington; Thomas Jones; John Legat; Thomas Pettit; Robert Smith; James Wall ; Balthasar Willix. April 26, Edward Colcord 100 acres. December 31, John Legat, 1/2 acre. The following grants were made in 1646 : February 5, Thomas Biggs 13 acres; Nathaniel Boulter. May 25, Francis Swain 6 acres; Goodman [John] Smart. June 8, Goodman [John] Smart 300 acres. The planting grounds of the Indians were excepted and reserved to them in the grant of the Indian sagamores to Wheelwright. They were probably small and not numerous. Inhabitants were forbidden by the town to buy them, except with the approval of the townsmen. One such purchase is noted upon the records. John Legat and Humphrey Wilson on the eighth of June, 1646, bought of the sagamore a tract of land containing, by estimation, six or seven acres, lying on the eastern side of the river by the lower falls, where said Legat's and Wilson's house lots were. The bargain probably being a fair one, the townsmen gave their written appro- val of it. The following grants were made in 1647: February 16, Mr. [Anthony] Stanyan 20 acres. November 4, George Barlow 40; Nathaniel Boulter 50; Edward Gilman [Jr.] ; Samuel Greenfield 50; William Moore 10; Francis Swain anu Nicholas Swain 100; Richard Swain 80. December 15, Thomas Jones 20; William Moore 30; James Wall, 138 ; Humphrey Wilson 80. Page 133 The following grants were made in 1648 : February 10, John Cram 40 acres; Ralph Hall 20; Thomas Jones 40; John Legat 140; Thomas Pet tit 40 ; Anthony Stan- yan 300; Balthasar Willix 20. March 4, Thoma Biggs, Godfrey Dearborn, Thomas Jones, 50 each; Henry Roby 20. November 16, George Barlow 4; Mr. Edward Gilman (Jr.] 100; Christo- pher Lawson 100. At the last named date is the first record of the appointment of lot layers: John Cram and John Legat. On the same day " it was agreed that 500 acres of land next the two great lots above mentioned shall be laid for a common field, to be fenced by the town, planting ground for every man to have his equal share, that are householders." It was also agreed , " that the remainder of that (plain] before mentioned to the corner of John Cram's lot or Bell Willix's, and so unto the fresh river, shall be [laid] out for an ox common, for working cattle and steers and horses, for every man to have his equal share, provided he do his portional share of fencing by the last day of May next, and those who do not fence are to have no right in said common." The following grants were made in 1649 : January 12, Thomas Biggs and John Bursley. 10 acres each, " to cut firewood and timber; " Thomas Cornish 10, " to cut fire- wood ;" John Cram 10; .Thomas King 100; Nicholas Listen 10, , "to cut firewood; " James Wall. The following grants were made in 1650 : March 21, John Legat 1/2 acre. June 26, Samuel Dudley; Gowen Wilson conditionally. .August 26, Abraham Drake and Nathaniel Drake 30 each; Thomas King 8; John Legat 10. November 24, Thomas Biggs 20; Thomas Cornish 10; Thomas Crawley 5 ; Ralph Hall; Nicholas Listen 20; Henry Roby 10 ; Francis Swain 20; Nicholas Swain 5; Gowen Wilson 10. December 5, John Warren 5. COMMON PLANTING FIELD. On January 2, 1650-1, it was ordered by the town " that there shall be a common field laid out for planting ground beyond the Page 134 second river from the town, westward about two miles and a half, for every man that is an inhabitant of the town to have his part laid out by lot, and in quantity according to his rate to the minis- try bearing date the 1 of the 11 month, 1650, viz., for every ten shillings which he pays to have 15 acres of land, laid out together by lot, beginning at the head of the fall and so to but upon the river downward, and every acre to be one rod in breadth, provided that if any man that now is an inhabitant shall leave the town before one whole year after the date hereof be expired, then he is to leave his lot to the town again. " The following grants were made in 1651 : January 2, Henry Roby 60 acres. February 19, Samuel Dudley 80. December 29, Samuel Dudley, for grazing, etc. The following grants were made in 1652 : April 20, Samuel Dudley 100 acres; Edward Gilman [Jr.] ; John Legat lOO; John Robinson, conditionally; Robert Smart. .May 10, Thomas Cornish 40; Samuel Dudley 100; John Garland, conditionally; John Legat 100; Nicholas Listen 40; Thomas Pettit 40; Francis Swain 40 and 20; 'Thomas Taylor 20; John Warren 40 and 20. May 20, Thomas King 100; Thomas Pettit, Jr. 80. July 8, Edward Gilman, Sr., John Leavitt,- John Gilman and Moses Gilman 200, " those of them that come not to live with us by the next summer to forfeit their shares again to the town." On May 20, 1652, it was ordered by the town " that all the land within a mile and a half of [ or about] that northeast end of the town that is not already granted out, shall continually lie common for feeding and firewood and the like use." On November 6, 1652, " it was ordered and also granted to Mr. Edward Hilton, in regard that he hath been at charge in setting up of a saw-mill, that he shall enjoy for himself and his heirs forever, a quarter of a mile below his mill, with the land and timber belonging thereunto, and also above his mill a mile and a quarter with the land and timber belonging thereunto. This land and timber is to lie square, only on this side of Piscassock river to come about a stone's cast." *It is be11eved that John Leavitt, who was a son-in-Iaw of Edwaru Gilman, Br.. never lived in Exeter. He WAS of Hingham. Massachusetis. Page 135 The following grants were made from 1654 to 1661, inclusive: 1654, February 15, Nicholas Listen 20 acres, conditionally. 1655, September 30, Ralph Hall 10 acres. 1657, January 21, John Robinson, conditionally. May 11, Edward Hilton, Jr. 50 acres, conditionally. 1659, March 4, Samuel Dudley, " upon consideration of draw- ing out all the grants in the town book," etc. ; Joseph, son of William Taylor, 40 acres. 1660, January 21, John Bean and Nicholas Listen 10 acres. January 22, Goodman [John] Folsom; Thomas King and Jona- than Thing 40; Goodman [John] Robinson 10. June 11, Good- man [John] Folsom 20; Gowen Wilson 10. 1660-1, March 16, John Hilton 30 acres. At the town meeting held on the day last named, it was ordered that though there may be a proposition for the giving of land, yet from this time forward there shall none be granted till the next meeting following that on which it was propounded." This excellent rule appears to have checked the bestowal of lands for a brief season, but it broke forth again, three years afterwards, more profusely than ever before. The following grants were made in 1664 : January 21, Philip Chesley 30 acres, conditionally.- October 10, John Bean 30; Richard Bray 30; William Bromfield 30 ; Arthur Cham [or Cane] 15; Biley Dudley 50; Samuel Dudley; Theophilus Dudley 50; Israel Folsom 10; John Folsom, Sr. 60 and 20 ; John Folsom, Jr .20 ; Nathaniel Folsom 10 ; Peter Folsom 10; Samuel Folsom 15; John Gilman, Jr. 20; Moses Gilman 50; Alexander Gordon 20; William Hacket 30; Joseph Hall 15; Ralph Hall 50; Dany ( ?) Kelley 10; James Kidd 20 ; Thomas King 40 and 3; John Kiming 30; Cornelius Lary 15 ; Samuel Leavitt 15 ; Nicholas Listen 40 ; William Moore 30 and 6; Richard Morgan 20; Robert Powell 20; John Robinson 15 ; Jonathan Robinson 15; John Sinclair 15; Robert Smart 80 and 20 ; William Taylor 20 ; Jonathan Thing 60 ; John Warren 40 Thomas Warren, Jr., son of John, 10. December 1, John Gilman, Sr. ; Henry Magoon 10. *The condition not being complied with, the land was regranted, October 10, 1664, to Wi1liam Bromfield. Page 136 The following grants were made from 1665 to 1669 inclusive : 1665, April 3, John Gilman. Jr. 20 acres; James Kidd 20. 1666, April 4, James Godfrey 10 acres. July 3, Charles Gilman 30, conditionally. 1668, March 15. Nicholas Listen and Robert Wadleigh 10 acres. March 29, Philip Caartee ( often written Carter) 16 or 17. Septem- ber 28, John Folsom, Jr. 20; John Gilman 30; Samuel Leavitt 20; Jonathan "Thing. 1669, May 3, John Folsom, Sr. 20 acres. The following grants were made from 1670 to 1672 inclusive : 1670, March 30, Samuel Dudley 10 acres; John Robinson 30 ; Goodman [John] Clark 30; Peter Folsom 30; Eward Gilman 100; Jeremy Leavitt, Thomas Rollins, Edward Smith, Jonathan "Thing, Jr .and John Young 30 each. These last eight grants were of land given to the town by Thomas Wiggin, and the grantees bound themselves to try the title, if contested by Hamp- ton. October 25, Samuel Folsom 2; Lieut. [Ralph] Hall 30. 1671, April 3, John Bean 6 acres; Henry Magoon 20. 1672, April 29, Samuel Leavitt 50 acres. The following grants were made from 1674 to 1678 inclusive : 1674, February 9, Moses Gilman ; Kinsley Hall 10 acres. March 3, John Clark; William Moore 12. March 30, Christian Dolloff 10 ; Samuel Dudley 600 ; Edward Gilman 200 ; Lieut. [ John ] Gilman 600; Moses Gilman 600; Lieut. [Ralph] Hall 400 ; David Lawrence 10; John Robinson 200; Thomas Rollins 12 ; Humphrey Wilson 400. 1675, April 2, John Folsom, Sr. 200 acres; John Folsom, Jr. 200; Daniel Gilman 30; John Gilman, Jr. 30; Joel Judkins 10 ; Samuel Leavitt 300 ; Goodman [Nicholas) Listen 300; William Moore 300; Edward Sewall 4; Robert Smart, Sr. 300; Edward Smith 100. 1676-7, March 19, Samuel Leavitt 6 acres. 1677, August 27, Kinsley Hall. 1678 (about) March 18, George Pearson. On March 11, 1678-9, Jonathan Thing was put ill the place of Ensign [William] Moore with Mr. [Samuel] Dudley and Lieut. [Ralph] Hall, for the equal distribution of lands to such as had none when the great lots were granted (March 30,1674). Page 137 The following grants were made in 1681 and 1682 : 1681, January 31, Philip Cartee 20 acres; John Clark 50 ; Jeremy Connor 20; Riley Dudley 50; Theophilus Dudley 100 ; Teague Drisco 20 j Eleazer Elkins 50 ; Peter Folsom lOO ; Joseph Hall 50 ; Kinsley Hall 100; Samuel Hall 50; John Kiming 50 ; Moses Leavitt 50 ; Henry Magoon 20 ; Nicholas Norris 5O and 5O; James Sinclair .5O ; John Sinclair 20; Edward Smith 100 ; Mr. [Robert] Wadleigh; John Wadleigh 50. February 7, Mr. [Samuel] Dudley 2O. March 30, Ephraim Folsom 100; Cor- nelius Lary 40; Richard Morgan 60; David Robinson 100 ; Joseph Wadleigh 100 ; John Young 100. 1682, March 14, Samuel Dudley, Jr. 100 acres; Stephen Dudley 100 ; Jeremy Gilman 100 ; Nathaniel Ladd 100 ; Moses Gilman, Jr. lOO; Robert Wadleigh 200. On March 14, 1681-2, these orders were adopted by the town : That all the inhabltants of this town have free liberty to clear any swamp land within this township for the producing of meadow, not exceeding ten acres for each inhabitant, provided they entrench not upon former proprieties. And it is further ordered that what heretofore hath been done and hereafter may be done in pursuance of this act and order shall be as good a title as any other town grant. Whereas it was formerly enacted by this town that the neck of land on the southwest side of the little river was to lie for a per- petual common, but being not found upon record, it is now ratified and confirmed at this meeting, and the selectmen are to set the bounds; which said neck of land is intended to be all the land between the great river and the little river, and towards Pickpocket near about King's falls, and on the northwest side as far as a place called King's meadow. On March 30, 1682, it was "enacted by general consent that that piece of land bctween Edward Sewall's fence, Christian Dolloff's fence or land, John Bean's fence, Henry Magoon's fence or land and the way that goes from Henry Magoon's land to Pick- pocket mill, which said piece of land now lying common, shall lie perpetually common for the use of the town, either for a common field or for what else shall be thought convenient for the town." The following grants were made from 1690 to 1697 inclusive : 1690. October 6, Peter Coffin. 1693, October 10, Captain Peter Coffin, two parcels, one of 60 acres, he to pay the town in money therefor. Page 138 1697, March 29, Samuel Leavitt 20 acres. November 4, Mr. [ReV,] John Clark, 100 acres, " provided he live in the town ten years." The following grants were made in 1698 : Febuary 3, Samuel Bean 40 acres; Edward Gilman; James Gilman 40 ; Jeremy Gilman 40 ; Nicholas Gilman 40 ; Richard Hilton 100; Winthrop Hilton 100; Thomas Lyford 30; Samuel Piper 20 ; William Taylor 20 ; Samuel Thing 50 ; Henry Wad. leigh 10. February 21, William Ardell100 ; Robert Barber 50 ; James Bean 30; John Bean, Sr. 100; Jonathan Clark 20; Peter Coffin 200; Robert Coffin 60; Jeremy Conner 30; Christian Dolloff 10; Richard Dolloff 100; Samuel Dolloff lOO; Philip Dudy 50; Abraham Folsom 50; Epbraim Folsom, Jr. 20; John Folsom, Sr. 100; John FoIsom 40; Peter Folsom, Jr. 30; David Gilman and James Gilman 80; John Gilman 50; John Gilman, son of Capt. John, 40; Moses Gilman, Jr. 30; Stephen Gilman 5O; Charles Glidden 100; John Glidden 50; Richard Glidden 5O and 50 ; .Alexander Gordon 60 ; James Gordon 60 ; John Gordon 20; Nicholas Gordon 30; William Grafs (Graves) 30; Richard Hilton 20; Philip Huntoon 30; Job Judkins 30; Benjamin Leavitt 50; Daniel Leavitt 70; John Leavitt lOO; Moses Leavitt 6; Lieut. Samuel Leavitt lOO; Samuel Leavitt, Jr. 70; Samuel Lawrey 20 ; Thomas Lyford 30 ; Richard Mattoon 50 ; Clement Moody 30 + ; William Moore, Jr. 60; Richard Morgan, Sr. 100 ; Richard Morgan, Jr. 50; Samuel Pease 50; Robert Powell 50 ; Benjamin Rollins 50; Joseph Rollins 50; Moses Rollins 50 ; Thomas Rollins, Sr. 100 ; Thomas Rollins, Jr .20 ; Charles Rundlet, Jr .30 ; John Scribner 40 ; James Sinclair 50 ; Theoph- ilus Smith 30 ; Thomas Speed 50 ; Philip Spenlow 40 ; Francis Steel 20 ; Nathaniel Stevens 20 ; Benjamin Taylor 20 ; Nathan Taylor 30; Jonathan and John Thing 60; Henry Wadleigh 20 and 20; Jonathan Wadleigh 50; Robert Wadleigh 50,20 and 50 ; Tbomas Wilson 50; Israel Young 30; James Young 30 ;' John Young 30 and 20; Robert Young 30; Sarah Young 50. March 28, John Bean, Jr. 60 acres; Biley Dudley 30; Theophilus Dudley 50 ; Moses Gilman, Sr. 50 ; Richard Glidden 40 ; Dudley Hilton 50; Philip ( ? ) Huntoon 10; Benjamin Jones, Sr. 50; Moses Leavitt ; Francis Lyford 200 ; Alexander Magoon 50 ; Richard Mattoon 20; James Norris 40; Moses Korris 30; Nicholas Norris 3 ; George Pearson 50 ; 'Villiam Powell 20 ; Thomas Rollins 20 ; Page 139 Charles Rundlet, Jr. 50; James Rundlet, 50; John Scribner 10 ; Jonathan Smith 20; Nicholas Smith 20; Theophilus Smith 30 ; Francis Steel; Haines ( ?) Woolford 80. April 29, Peter Coffin 100; Joel Judkins 60; Jonathan Norris 50. August 26, Richard Bounds ( ?) . At the town meeting on March 28, 1698, the very sensible vote was passed, " that those who had land given them at the last. meeting shall have no more given them at this meeting." The following grants were made from 1699 to 1709 inclusive : 1699, September 5, Samuel Elkins 20 acres; Thomas Gordon 40 ; Moses Leavitt. 1700, April 17, Cornelius Conner 30 acres; Ephraim Folsom, Sr. 20; Peter Folsom, Sr. 100; Joshua Gilman 50; Stephen Gilman 80; Dudley and Richard Hilton 20; Jonathan Hilton 50 ; Joseph Young 40. May 10, Jeremiah Gilman 100. September 9, Ephraim Folsom, Jr- 20; James Leavitt lOO; Jonathan Robinson, Sr. 100. 1701, April 1, Jeremiah Conner 15 acres; Thomas Rollins, Sr. 100; Jonathan Thing 30; Thomas Webster 50. September 9, Robert Coffin, mill privilege and flats. 1702, first Monday of April, Capt. Peter Coffin 200 acres ; Robert Coffin 100; Cornelius Conner 30; Capt. John Gilman, Sr. lOO; Ens. John Gilman 100; John Gilman, son of Moses; Nich- olas Gilman 100; Capt. Kinsley Hall 100; Dudley Hilton 50 ; Benjamin Jones, Sr. 40; Job Judkins 40; Mr. Moses Leavitt, Sr. lOO; Israel Smith 100; Ithiel Smith 50; Jacob Smith 50; Jona- than Smith lOO; Joseph Smith 50; John Thing 30; Jonathan Thing 100. 1703, first Monday of April, Richard Dolloff 20 acres; Thomas Dolloff 40 ; Daniel Gordon 50 ; Bartholemew Thing 50. 1705, first Monday of April, John Glidden 50 acres; Nathaniel Ladd 50; Nehemiah Leavitt 50; John Light 60, " provided he sha1l live 7 years in the town ;" Nicholas Norris 20; Jethro Pearson 50 ; John Sinclair, son of James, lOO ; George Veasey 100; 'Thomas Veasey 100; Jonathan'Wiggin 100. 1706, first Monday of April, Daniel Bean, Jr. 100 acres ; Samuel Dudley, Jr .100 ; Stephen Dudley, Jr .50 ; Francis Durgin 20; Cartee Gilman 100; CoI. Winthrop Hilton 400; Moses Norris 50 ; Aaron Rollins 100 ; John Rollins 100 ; Charles Rundlet, Jr. 50; James Rundlet 50; Thomas Seawell 100; John 8inclair Page 140 50; Theophilus Smith 30; Samuel Stevens 60; John Thing 100 ; Joseph'Thing 100; 'Thomas Webster 50. 1707, first Monday of April, Lieut. John Gilman 100 acres ; Daniel Ladd 100; Satchell Rundlet 100. 1709, first Monday of April, Daniel Bean 80 acres. For the next five years it does not appeal. that any land grants were made, nor that any action Was taken by the town in regard to the common lands. On April .5, 1714, the town resolved " that two miles of the west end of the township be laid out by men appointed, for a perpetual commonage for the Use of the town." This decision was not to the liking of many of the inhabitants, and, as will be seen, attempts were soon made to revoke it, which were never abandoned until that object was effected. On March 13,1717 , it was voted " that Nicholas Gilman, Thomas Webster and Samuel Thing be a committee to make diligent search in the town records that whereas there is complaint by several persons that they have not had their proportion in lands given them by the town, in order that they may have their share ; the committee to make report of their doings therein to this meeting. " The meeting was accordingly adjourned to the first Monday in November, 1717. There is no record of the adjourned meeting, nor that any proceedings were had under the vote. For the five years ensuing, the only action taken by the town in relation to its lands, was the appointment of a committee in 1720 to report whether any inhabitants' land grants had been encroached upon by the late lines run between town and town. The commit- tee reported that certain lands laid out to Jonathan Gilman and Nathaniel Webster were included within the bounds of Kingston ; and in consequence thereof there were laid out to them in 1725 by the lot layers of Kingston four acres of the common land in Exeter, to make good their loss. Exeter at that time was without lot layers, having failed to choose any. On March 30, 1724, the town resolved as follows : Whereas sundry persons desire to have a town meeting to grant out land, who have not had their share of land as they ought to have, and desire a committee to be chosen to hear what those persons have to say, and to draw up what they conclude of, and to present it to the selectmen, who are to call a town meeting to Page 141 effect what the committee conclude of. Mr. Justice (Samuel] Thing, Bartholomew Thing, Joseph Hall, Josiah Hall and Edward Gilman to be a committee to search the town book to find who ought to have land and who ought not At an adjournment of the town meeting called for the purpose aforesaid, held April 12, 1725, it was voted : That the grant of the two miles common at the western end of the township be wholly null and void, and that the said two miles with all the other common land in the township not heretofore granted, be divided in proportion according to the return of Samuel Thing, Esq., Joseph Hall, Bartholomew 'Thing, Edward Gilman, Josiah Hall, committee chosen by the town for that end, as per list under the said committee's hands of every person's name who had land allowed him with the number of acres annexed thereto,- the said land not to be divided tin the expiration of ten years from the date hereof. The following is the list reported by the committee : LIST OF DISTRIBUTEES OF LAND AS REPORTED IN 1725 NAMES. ACRES. NAMES ACRES Samuel Akers, 20 Capt. Eliphalet Coffin, 100 Daniel Ames, 30 Edward Colcord, 20 John Barber, Sen., 50 Jonathan Colcord, 40 John Barber, Jr., 30 Cornelius Conner. 100 Robert Barber. 30 Jeremy Conner. Sen, 100 Nathaniel Bartlett, 20 Jonathan Conner, 50 Edward Bean, 30 Moses Conner, 40 Jeremiah Bean, Sen, 100 Philip Conner, 40 Jeremiah Bean, Jr., 40 Samuel Conner, 30 John Bean, Sen, 40 Dr. Thomas Dean, 30 John Bean, Jr ., 30 Sampson Doe, 20 Samuel Bean, Sen, 50 Samuel Doe, 20 William Bean, 30 Richard Dollof£, 80 John Brown, 20 Samuel Dollof£, 80 Giles Burleigh, 30 Samuel Dollof£, Jr., 30 James Burley, 20 Cornelius Drisco. 50 Josiah Burleigh, 30 Mr. Riley Dudley, 100 Joseph Burleigh, 20 James Dudley, 70 Jeremiah Calef, 20 Jonathan Dudley, 50 Jonathan Clark, 40 Joseph Dudley, 40 Richard Clark, 40 Nicholas Dudley, 100 Solomon Clark, 30 Samuel Dudley, Sen., 100 Mr. Ward Clark, 50 Samuel Dudley, Jr., 50 Page 142 NAMES. ACRES. NAMES. ACRES. Stephen Dudley, Sen., 100 Nehemiah Gilman, 50 Stephen Dudley, Jr., 30 Maj. Nicholas Gilman, 2.50 Trueworthy Dudley, 50 Nicholas Gilman, Jr., 50 Francis Durgin, 30 Peter Gilman, 70 Samuel Edgerly, 20 Samuel Gilman, 60 Thomas Edgerly, 20 Simon Gilman, 50 Samuel Elkins, 100 Thomas Gilman, 30 Seth Fogg, 20 Andrew Glidden, 100 Abraham Folsom, 100 Benjamin Glidden, 30 Benjamin Folsom, 100 Joseph Glidden, 30 Edward Folsom, 30 Nathaniel Glidden, 30 Ephraim Folsom, Sen., 100 Richard Glidden, Sen, 50 Ephraim Folsom, Jr., 30 Richard Glidden, Jr., 30 Jeremiah Folsom, 100 Alexander Gordon, 100 John Folsom, Senr., 80 Daniel Gordon, 30 John Folsom, Jr., 100 James Gordon, 30 Jonathan Folsom, 100 John Gordon, Jr., 30 Estate: of Peter Folsom, Jr., Jonathan Gordon, 50 deceased, 50 Nicholas Gordon, 100 William Folsom, Sen., 30 Thomas Gordon, 50 William Folsom, Jr., 30 Thomas Gordon, Jr., 30 Daniel Giles, 30 John Graves, 30 Andrew Gilman, 100 William Graves Sen., 50 Benjamin Gilman, 80 William Graves, Jr., 30 Caleb Gilman, 150 Thomas Haley, 20 Carty Gilman, 50 Edward Hall, 150 Daniel Gilman, 50 Joseph Hall, 150 David Gilman, 70 Josiah Hall, 120 Edward Gilmant Sen ., 150 Capt. Kinsley Hall, 200 Edward Gilman, Jr., 50 Paul Hall, 80 Ezekiel Gilman, 30 Theophilus Hardy, 80 Israel Gilman, 50 Benjamin Hilton, 30 Lieut.James Gilman, 100 Edward Hilton, 40 James Gilman, Jr., 50 Jonathan Hilton, Sen., 50 Capt.Jeremiah Gilman, 100 Jonathan Hilton, Jr., 30 Maj. John Gilman, 250 Joseph Hilton, 70 Capt. John GilmaIl, 200 Capt. Richard Hilton, 150 Lieut. John Gilman, 100 Samuel Hilton, 60 Jonathan Gilman, 50 William Hilton,. .50 Joseph Gilman, 50 Winthrop Hilton, 50 Joshua Gilman, 30 Job Judkins, Sen, 70 Maverick Gilman, 30 Job Judkins, Jr., 30 Moses Gilman, Sen., 120 Joseph Judkins, 40 Moses Gilman, Jr., 50 Caleb Kimball, 20 Nathaniel Gilman, 50 John Kimball, 20 Page 143 NAMES. ACRES. NAMES. ACRES. Moses Kimming, 30 Robert Pike, 20 Capt.Nathaniel Ladd, 60 Richard Preston, 20 Nathaniel Ladd, Jr., 40 John Quimby, 20 Daniel Leary, 40 John Robinson 130 Samuel Leary, 40 Jonathan Robinson, Sen., 50 Dudley Leavitt, 30 Jonathan Robinson, Jr., 100 Lieut. James Leavitt, 200 Joseph Robinson, 70 John Leavitt, 50 Thomas Robinson, 20 Joseph Leavitt, 30 Benjamin Rollins, 40 Dea Moses Leavitt, 200 John Rollins, Jr., 30 Selah Leavitt, 50 Samuel Rollins, 50 Stephen Leavitt, 40 Edward Scribner, 30 Timothy Leavitt, 50 John Scribner, Sen., 50 John Lord, 20 John Scribner, Jr., 50 John Lougee, 30 Joseph Scribner, 30 Stephen Lyford, 100 Samuel Scribner, 40 Thomas Lyford, 100 Edward Sewall, 40 Alexander Magoon, 100 Stephen Sewall, 30 Benjamin Magoon, 30 James Sinclair , 100 Samuel Magoon, 56 John Sinclair, Sen., 100 John Marsh, 30 John Sinclair, Jr., 30 Richard Mattoon, 30 Joseph Sinclair , 40 Samuel Mighill, 30 Richard Sinclair , 40 Clement Moody, Sen., 50 Samuel Sinclair, 40 Clement Moody, Jr., 50 John Smart, 40 John Moody, 40 Joseph Smart, 30 Jonathan Moody, 30 Robert Smart, 50 Walter Neal, 30 Benjamin Smith, 30 James Norris, 30 Benjamin Smith, Jr., 30 John Norris, 30 David Smith, 30 Jonathan Norris, 30 Edward Smith, 30 Moses Norris, Sen., 60 Jacob Smith, 70 Moses Norris, Jr., 40 Jonathan Smith, 50 Nicholas Norris, Sen., 30 Nathaniel Smith, 30 Samuel Norris, 30 Nicholas Smith, 30 Rev.John Odlin, 100 Oliver Smith, 70 Jethro Pearson, Sen., 70 Richard Smith, 60 Jethro Pearson, Jr., 30 Capt. Theophilus Smith, 150 Nathaniel Pease, 50 Theophilus Smith, Jr., 50 John Perkins, Sen., 100 Benjamin Taylor, 30 John Perkins, Jr., 40 Joseph Taylor, 50 William Perkins, Sen'., 30 Nathan Taylor, 30 William Perkins, Jr., 40 William Taylor, 80 Nicholas Perryman, 20 Lieut. Bartholomew Thing, 150 Ephraim Philbrick, 20 Benjamin Thing, 100 Page 144 NAMES. ACRES. NAMES. ACRES. Daniel Thing 8O Philip Wadleigh. 50 Jonathan Thing, 50 Robert Wadleigh, Sen., 100 Heirs of Capt. Jonathan Thing, Nathaniel Webster, 50 Jr., decd., 100 Thomas Webster, lOO Joseph Thing, 100 Humphrey Wilson, 50 Josiah Thing, Jr. (son of , Dea. Thos. Wilson, 200 Samuel), 50 Benjamin York, 50 Nathaniel Thing, 50 Richard York, 4() Samuel Thing, Esq., 300 Charles Young, 30 Abner Thurston, 20 Daniel Young, 80 Ensign Henry Wadleigh, 100 James Young, 30 Capt. Jonathan Wadleigh, 200 Jonathan Young, 60 Jonathan Wadleigh, Jr., 30 Robert Young, 50 The aforenamed 249 persons are they to whom the committee has proportioned the commmon land of this town. PROCEEDINGS TO HASTEN A DISTRIBUTION. It is not surprising that a majority of the inbabitants were Un- willing to wait ten years in accordance with the report of the com- mittee, for the actual division of the lands. Such a prospect was particularly tantalizing to those who were then without real estate, when it lay with the majority of their own number to say how soon they might come into possession of very snbstantial homestead lots. Accordingly, in something less than four years, the subject was resumed; this time by the inhabitants as ,. Proprietors of the Common Lands." The first proprietors' meeting was called by the selectmen of the town, upon an application stating that the common lands were being trespassed upon. It was held January 6,1729, and adjourned to the twentieth of the same month. A vote was passed that the clause in the return of the committee forbidding the division of the lands for ten years, be null and void, and that a division be made forthwith; and Edward Gilman, Edward Hall, Jeremiah Conner, John Folsom and Andrew Gilman were chosen a committee to make partition of the lands according to the return of the committee who proportioned them, and " go about the work as soon as may be." This committee failed to do the " work " for which they were appointed; apparently for the reason that some of their & number were opposed to the plan of immediate division. So nearly two Page 145 years more went by before the matter was again moved. Another meeting of the proprietors was then called, and held November 9, 1730, at which Captain John Gilman, Edward Gilman, Joseph Hall, Peter Gilman and Israel Gilman were chosen a committee to layout the common lands agreeably to the proportion made by the committee in 1725; and Edward Hall and Jeremiah Conner were subsequentJy added to the new committee. After nearly two years' consideration, the last-named committee reported a plan for the separation of the common lands, at the west end of the township, into sixteen ranges, containing in the aggregate 1485 lots of ten acres each, to be distributed among the inhabitants, agreeably to the apportionment made by the com- mittee appointed in 1725. 'This report was accepted by the town October 19, 1732; and it was voted that Mr. Maylem should draw all the lots for the proprietors, according to the division made by the last appointed committee. The resolution was at once carried into effect; and a full list of the drawing appears in the Proprie- tors' Records. FINAL-DlSTRIBUTION. But there was still some dissatisfaction with the allotments. Complaint was made that some of the inhabitants had never received their " ten acre lots." to which they considered themselves entitled, under the vote of the town of March 14, 1681-2, and that certain inequalities existed in the former divisions. which ought to be corrected. Another meeting of the town was there- fore held.June 15. 1738, which was continued by adjournments to August 28, at which it was resolved (for the third time ?) that the vote passed by the town April 5, 1714, that two miles of the western end of the township should be for a perpetual commonage, be null and void, and that the said two miles be laid out and divided with the rest of the commons among the inhabitants. A committee of seven were appointed, consisting of Captain Samuel Gilman, Lieutenant John Robinson, Captain Peter Gilman, Mr. Trueworthy Dudley, Cornet Ezekiel Gilman, Ensign Richard Mattoon and Captain John Gilman, Sr., who received specific in- structions as to their duties in dividing the lands; were to be allowed compensation at the rate of eleven shillings each per day; were empowered to hire a surveyor at the cost of fourteen shillings per day, and were given twelve months in which to make their report. The time was subsequently enlarged to two years. The Page 146 committee attended to the duty assigned them and flied their return on August 18, 1740. In it they pronded ten acre lots for several persons who had not hitherto received them, and added twenty names to the list reported by the committee of 1725, as follows : NAMES. ACRES. NAMES. ACRES. John Burley's heirs, 20 John Light's heirs, 20 Thomas Dolloff's heirs, 40 Ebenezer Martin, 10 Samuel Fogg, 10 John Mudget, 10 Israel Folsom, 10 Thomas Mudget, 10 John Fox, 10 John Roberts, 13 Joel Judkins, 12 Samuel Smith, son of Jacob, 15 Christopher Kenniston, 10 Francis Steel's heirs, 5O Daniel Ladd, 40 Edward Stevens's heirs, 40 Thomas Lary, 30 Samuel Stevens's heirs, 10 Nehemiah Leavitt's heirs, 15 Thomas Young, 20 The committee were empowered to make changes in the lots as drawn in 1732, in certain cases when found needful, and a few such changes were made; but in general those lots were allowed to remain without alteration. The adoption of the last report completed the disposal of the public lands of the town, with the exception of a few fragments chiefly by the side of the river. The titles granted by the town have never been questioned. The meetings of the proprietor's were kept up a few years after the division of 1740, and then abandoned; and the Proprietors' Records were ordered to be delivered to the town clerk. ********************************************************************** * * * NOTICE: Printing the files within by non-commercial individuals and libraries is encouraged, as long as all notices and submitter information is included. Any other use, including copying files to other sites requires permission from the submitters PRIORto uploading to any other sites. We encourage links to the state and county table of contents. * * * *The USGenWeb Project makes no claims or estimates of the validity of the information submitted and reminds you that each new piece of information must be researched and proved or disproved by weight of evidence. It is always best to consult the original material for verification.