Describing this transaction as typical for the period might somewhat stress the truth, but at least it satisfied the format for English settler deeds. Its importance to the town is that it involves land that ultimately became part of the 1722 Town of Rochester, N.H.

Interestingly, the recorder of the deed felt compelled to explain the parties' naming convention and the transaction's general location. The transcription is as follows:

“To All Christian People to whom this present writing shall come & approve

Know you  that the Natives of New England or Indian house names are pronounced in the English tongue, are called by the name of Hoope whood [1]& Samuel  Lines & ould Robbin, and Kinge Harry

Now we the before named Indians and Natives is, by our Native Right and the proprietors of these parts of New England which doe join and Border upon the River called by the names of Newichewannock River, Cochecho River, and Oyster River, and Lamprell River within the Province of New Hampshire.”

Though the English settlers may not have yet understood the Native concept of territorial responsibility, that tribal leadership did not subscribe to a sense of property or ownership quit claim, but merely a responsibility to maintain the natural resources under their control for future generations; they recognized that this terminology brought the document in line with the required description of the parties and the presumed right of the parties to convey the land.

See Chapter I, Section 3.3, for further discussion of the rights conveyed and usufruct rights of shared access without a conveyance of title or the exclusive right of use.

The deed continues: “Now know all men that we the said Hope Whood, Samuel Lines, Ould Robbin & King Harry for and in consideration of the sum of seven pounds [£7] to us in hand paid by Mr. Peter Coffin of the town of Dover in the Province of New Hampshire the resale whereof we acknowledge and every part and parcel do free acquit and discharge the said Peter Coffin his Heirs Executors and Assigns. These presents do quit, grant, bargain & sell, and confirm unto the said Mr. Coffin and to his Heirs, Executors, Administrators, & Assigns forever all our right and title which the said Natives ever had have or ought to have unto all the Marshes and Pine timber standing or lying that is or shall be within the two branches of Cochecho and halfway between the northernmost branch of the Cochecho River and Newichewannock River beginning at the run of water on the north side of Squamanagonic old planting ground(and between the two branches) to begin at the spring where the old cellar was, and so to run ten miles up into the country between the branches by the rivers all which said shall be to the sole and proper use benefit and behoof mentioned and expressed in the bounds aforesaid

Shall be to the sole and proper use benefit and behoof of Mr. Peter Coffin, his Heirs, Executors, Administrators, and Assigns forever to have and to hold the premises aforesaid and all privileges and appurtenances there unto belonging and to every part and parcel thereof and also we do warrant to

make good and maintain the before bargained and sold premises against all and all manner of Natives or Indians which shall lay any claim or right or title to the same”.

This paragraph provides an excellent example of the classic misunderstanding. British land conveyance law requires a well-defined series of actions and commitments on the part of both parties that ultimately enable a record of the lawful transfer of complete control to buyer from seller. In this case, it is dangerous to assume that Natives understood the nature of the conveyance.

Finally, the selling parties attest to the transfer and sale as mentioned above:

“In witness whereof we the said Hope Whood, Samuel Linde, Ould [Old] Robbin, and King Harry do bind ourselves and every of us jointly and severally and our Heirs and Successors firmly by these presents dated the third day of January in the second year of the reign of our sovereign Lord King James the Second over England, Scotland Wales & Ireland King Defender of the faith etc. Anno Don: 1686

[James II reigned 1685-1688]

Signed, Sealed & Delivered in the presence of us, Benjamin Herd, Test. John Evans [attested, witnessed the transaction].

The Marke  X  of Hoope Whood

The Marke  X  of Samuel Linde

The Marke X  of Ould Robin

The Marke X  of King Harry

 

Benjamin Herd personally appeared this seventh day of January 1709/10 and made oath that he was present and saw those several sachems or Indians sign and seal the above-written instrument and set to his hand or witness and that John Evans also set to his hand as [worn away] before me Nathaniel Weare Justice of the Peace & recorded according [worn away].

Per William Vaughan Recorder.”

 

These words and the style of the deed [no doubt] complied with English and Massachusetts Bay law conventions. The critical questions regarding comprehension, mutual consideration, and relative value accorded to both parties were of little, if any, importance at that point in time. Those questions remain discussion items for later times.

 

Finally, concerning the actual territory covered by this deed, it was intended [by one or both sets of parties] to convey all the marshes and pine timber, both standing timber and those trees that had been felled and remained in situ between the two branches of the Cochecho River [probably intended to be between the Isinglass and the Cochecho Rivers] on the west and the Newichewannock [Salmon Falls] River on the easter border of the province; and halfway between the northernmost branch of the Cochecho River and the Newichewannock River, beginning at the run of water on the north side of Squamanagonic old planting ground[2] (and between the two branches) to begin at the spring where the old cellar was and run ten miles up into the country between the branches by the rivers…”

 

This territory would later become part of the chartered Town of Rochester as Division I grants of home lots were drawn. Any claim would have been dishonored as of May 10, 1722.

 

October 19, 2024,   Patrick O. Connelly

 

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