USA > Connecticut > Hartford County > Simsbury > A record and documentary history of Simsbury > Part 4
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Hop meadow House Lots
John Barber 16 rods front
Joseph Skinner I6
Minister's Lott 16
Tho. Barber 16
Jeffery O. Phelps, L. S. Ellsworth
John Drake 15
J. Wilcox & J. O. Phelps 66
John or Denslow
15
Sam1 Pinny
I7
Peter Buell
I5
Sam1 Filly
15
J. O. Phelps
Timothy Palmer 15 66
Weed & A. Holcomb
Tho. Egglston I4 66
Mrs. Watson Wilcox
William Persons I4
Mrs. Phelps & Robbins
Joseph Persons 15
Mrs. Phelps & Robbins
Luke Hill
I5
60
L. I. Barber
Highways 4
Same
North of this highway "there was granted to Jonathan Gillet, next the highway, two Home lots of 28 or 29 rod, ech being in bredth 74 rods nerely." (This is now owned by C. E. Curtiss).
At the same time the Committee "Also appoynted Joshua Holcomb a Home Lott of 4 accres ner Tho: Maskill" (At Terry's
Sims. Rec. P. 85 Red Book
35
(Now Occupied by) R. H. Ensign
" and Parsonage P. 85 Red Book Hopmeadow St. No. lots or houses on the west side
Depot Av. & J. O. Phelps
W. W. Clark & J. McLean J. O. Phelps
plain), likewise "a lot to John Owen, of foore Acres, by John Owens meadow land." This was at the place now occupied by Aaron Eno. The Committee, having made these several grants and surveys, passed the following order in relation to their occupancy, Oct. 5th, 1668.
"It is ordered and granted by the Committee, to those persons that are concerned in the last grants of land at Massaco, upon the request of those men that the last of September next, the sd persons, with their families shall be resident and inhabit- ing upon their several accomodations, & if any person or persons shall fail in the primises, to be resident and Inhabiting there by the time appoynted, the land granted to the sd person or persons so defective, shall be forthwith forfeited and remain at the dis- pose of the Committee, and further it is ordered, that non of the aforesd persons shall have power or liberty to sell or Alienate any of their land or accomodations; until three years be expired, beginning the last of September afforesd."
It is believed that nearly all those to whom the foregoing grants were made, became residents on, and occupants of, their lands within the time limited.
It will be remembered that in 1660, a grant was made to John Owen, of a meadow on the west side of the river, "opposite the fifty acres that Capt. Cook now occupies"; and that the latter, at that time was occupying the Grant made to his father- in-law Thomas Ford. This grant is described as "bounded by the upland South-west and compassed round by the river", etc.
The grant to John Owen, lying on the West side of the river, opposite to Capt. Cook's, was ten acres of meadow now owned by S. C. Eno, lying north of the brook, and running round by the river." It was afterwards sold to Anthony Hoskins. At the point where the river struck the highland, on the west- near the present rail-road crossing-the hill was so abrupt, that passing with teams between Hopmeadow and the "Lower meadows"-as the meadows below that point were called-was impassible. This called forth the following order from the Committee:
Sims. Rec. B. I. P. 85
"Windsor, October 11th, '69.
"Whereas, forasmuch as some of the Inhabitants of
36
1688 Sims. Rec. B. 2 P. 7
1688 B. 2
Sims. Rec. P. 7
Massaco complain for want of a Cart way to passe from Lowr meadows up to the meadow called hopp meadow, no way yet being laid out; we therefore, that are appoynted by the Generall Court, appoynted to order Maters for them, do, for the present see necessity to appoynt yt ye way to be alowed to go through John Owen's Meadow, only if in after time there be a convenient found out some other way, then this order to be repealled: - the way is to begin at the most sutablest place about ye lower end of ye Meadow, and so to passe out where he hath already made a Cart-(path) - they alowing a mett Recompense for his labour he hath Be- stowed in makeing of it."
In order to make a passable way there, it became necessary to dig away the earth on the side of the hill - hence that part of the road along the river bank, was ever afterwards called the "Dug-Way."
At its Sessions in October 1668, the General Court passed the following:
"The Court doth desire that Massaco, which hitherto hath been an appendix to the towne of Windsor may be improued for the making of a plantation; and Capt". Benj. Newbery, Deacon John Moore & Mr. Symon Woolcott, the present committee for the grant of those lands, are desired and empowered by the Court to farther the planting of the same, and to make such just orders as they shall judge requisit for the well ordering of the said plantation, so they be not repugnant to the publique orders of this colony."
And at its Session in May following, (1669) as an en- couragement and inducement to settle there, the General Court "granted the plantation at Massaco shall be rate-free to the Country, for three years next ensuing;" i.e. the Colonial taxes were remitted during that period.
From these acts of the General Court, as a desire of Sovereignty is considered equivalent to a command, the town would seem to be by them incorporated, but its limits were not yet defined.
At the May session of the General Court, 1669, an order was passed, "that the selectmen and constables in the seuerall
Col. Rec. Vo .. II P. 97
Col. Rec. Vol. II P. 113
1669 Col. Rec. P. 112
37
plantations shall take a list of all the freemen in theire respec- tive plantations where they dwell, and send it up under their hands fayrely written by their deputies to the Genll Court in October next, and the SecretTy is to record the same in a booke for that purpose, that soe when there may be any occasion or difficulty about that matter, whoe are freemen, it may be easier determined."
In obedience to this Order, the Selectmen of Windsor in Oct. 1669, returned a list of the freemen of that town to which they appended the following:
"These are stated inhabitants of Massaco, and have ben free men for Windsor.
Thomas Barber
Joshua Holcom John Pettibon
John Case Thomas Maskell Joseph Skinner
Samuel Filly
Luk Hill
Peter Buell."
John Griffen
Samuel Pinne
Micall Houmfery Joseph Phelps
"This is a true list as neere as we could com at and be informed."
John Moore Samuel Marshall
Matthew Grant Return Strong
All these men had families and were in prominent or respectable positions in Windsor, before removing to Massaco. They were, generally, the sons of the first settlers of Windsor. These may properly be looked upon as the fathers of Simsbury; the representative men of the coming generations; foreshadow- ing and shaping the characters and habits of the present inhabitants.
They settled along the river in parallel lines on either side of it, from the "Falls" to "Farmington bounds." This peculiarity of situation and settlements affording no common center, was a cause, in after years, as will be seen, of almost interminable and bitter strifes.
The first step in the organization and setting up of civil government at Massaco, was the appointment of John Case to be Constable, in October 1669.
"Oct. 14th 1669. This Court appoints John Case, Con-
38
stable for Massaco, and Mr. Woolcott or Capt. Newbery are desired to administer the Constable's oath to him."
The office of Constable was one of high importance and responsibility. The original and chief duties of the Constable were to preserve the public peace and execute all lawful com- mands or warrants that come from any Magistrate, or Court. This was the first and only office held here prior to the or- ganization of the town. Indeed the Constable seems to have been a sort of Umbiblical cord, connecting the embryo town with the Commonwealth. Appointed by the General Court, his duty was to publish the Orders of the Court, as well as to execute those of the town authority. Doubtless it was through him that the freemen of Massaco were called together to organize a town Government. This was left entirely to the freemen of the plantation, who proceeded to elect the several requisite town officers, and two delegates to the General Court, to be holden in May following. With the exception of Con- stable, already appointed, the town was authorized to choose all other officers required.
39
Col. Rec. Vol. II P. 118
1
FIRST CHURCH BUILDING . 1683
VII
Recognition of the Town
At the session of the General Court, May 12th 1670, the inhabitants of Massaco, presented, by its delegates Joshua Holcombe and John Case, an application for Town privileges. This was at once granted, and the delegates were received as "Deputies of the General Court", at that Session, "for Sims- bury". At the same session the boundaries of the town were defined and a new name given it.
Col. Rec. Vol. 2 P. 127
"This Court grants Massacoe's bownds shall runn from Farmington bownds to the northward tenn miles, and from Windsor bownds on the east to run westward tenn miles, provided it doe not prejudice any former grant, and be in the power of this Court so to dispose".
"The Court orders that the plantation at Massaco, be called Simmsbury".
From this date Simsbury became one of the towns con- stituting the Commonwealth of Connecticut.
It seems a matter of regret that the beautiful name Massaco should be superceded by Simsbury; but perhaps 'tis meet that aboriginal names should share the destiny of the Aborigines themselves. Why the town was named Simsbury, is left to conjecture. It is known that several towns and par- ishes were named, by uniting, or transposing the syllables of the names of other towns or parishes, and thus forming new and distinct names. In this manner Win-tonbury, the early and beautiful name of what is now called Bloomfield, was formed. The name was given to a portion of contiguous ter-
40
ritory from each of the towns, Windsor, Farmington and Simsbury. By taking a syllable from the name of each, in the order in which they stand, the name Wintonbury was formed.
In a similar manner the name of Harwinton was framed. It was a portion of a large tract of land lying Westerly from Simsbury and Farmington, which, in 1686, was granted to Hartford and Windsor by the General Court. It embraced a large part of Litchfield County. In their division of this ter- ritory, in 1732, they made four towns, to one of which, as the territory belonged to citizens of Hartford and Windsor and was bounded in part by Farmington, they gave the name of Har-win-ton. In like manner, Winsted was named, from its situation between Winchester and Barkhamsted.
May not Simsbury have been named in the same way? The Committee appointed by the General Court to dispose of these lands, "and to further the planting of the same", were Simon Wolcott and Capt. Newbury, and Deacon Moore. The first two were the active men of the Committee, and both prominent in public affairs. By joining the first syllable of the name of the former, with the terminating syllable of the latter, we have "Simsbury". Or it may have been in compliment to "Sim" Wolcott alone.
But perhaps a conjecture, more probable in the estima- tion of some may be, that the name, like many others in our State, was imported from England. Although there is no name there with this orthography, there is in Dorsetshire, the little town of Simondsbury, - colloquially called Simsbury.
Many of our emigrants came from that County, of whom were the Wolcotts who resided but a short distance from Simondsbury.
But whatever may have been its origin, it is a notable fact that there is to this day but one Simsbury; that the name has never been duplicated, or appropriated elsewhere. Of all the multitudes of its inhabitants, who, from generation to generation, have gone forth to other parts, and other States, no one has applied the name to any other of the thousands of towns which have been founded or sprung up all over our broad land. The names of almost all other Connecticut towns
4I
have been duplicated, and even many times repeated, in our western states and territories, but Simsbury stands alone. Unique in beauty, as in name, to multitudes it is the ideal Mecca, towards which, those who have gone from it to people other lands, turn their faces; the spot where their memory fondly lingers; and to which they hope to return, and lay them down to mingle with their kindred dust.
The town records of the first ten years, after the town was incorporated, were unfortunately destroyed by accidental burning, between June 1680, and October 1681; necessarily therefore, the history of its organization and Town Acts, dur- ing that period, is meager and obscure. There exists what purports to be a record of those years, but it was prepared from memory principally, by the Town Clerk and others, after that event. Its order and method may be judged of, from the following entry by the town Clerk of that day.
After having recorded from memory a considerable num- ber of land grants and other town acts, the Clerk adds:
"Gentlm here followeth som things as grants of land as for me to reduce them to their proper place I cannot the records being burnt in part, so as to record the year and day of such grants, yet what was left leagable I noted from ye originall and som other copys coming to my veiue; though they be not in order as to ye placeing them, yet I have not omitted them and therefore I set them downe".
The utmost care and vigilance of the Clerk, however, could not completely restore the mutilated records, so as to avoid the difficulties and confusion, resulting from their destruction, and, therefore, at a town meeting held in 1689, the following action was taken, for the purpose, as far as pos- sible, of remedying the evils.
"Whereas there has ben many votes past formerly, either in grants of lands or other votes respecting sever11 Cases ct which had referance to the Towne in gener11 which has bene burnt, and for want of the re-entering and renewall of such votes and acts formerly past within the towne of Simsbury, as respecting Grants or other Votes ct respecting perticular Grants to perticular persons or in Generall Cases respecting the towne
42
Sims. Rec. B. I. P. 8
which has ben burnt and great Damages Accrew thereby. It is left in the power of a Committee to settle all such former Grants as heave bin Burnt, or votes they may be Renewed and re-entered in the town records; so far as this Committee Can Come to the Knowledge of, and such Acts as has been formerly Past that the Committee do not Remember, or come to the perfect memory off such partys as have grants and the Knowl- edge thereoff, Can not be come at nor appears written upon Record, all such persons in such a cafe shall return to the towne for a renewal of his or their Grant or Grants. The Names of the Committy who ar invefted with full power by the In- habitants of Simsbury in the ordering and management of the affayrs above sd are John Case, Senior, Joshua Holcomb, Sam1 Wilcocksun, John Slater, John Humphris: the above sd vote was Read to the inhabitants of Simsbury at the next meeting, the last of May 1689, and was confirmed by sd In- habitants."
By the destruction of its earliest records, not only those who were active in the affairs of the town were put to great inconvenience, and suffered loss, but their successors have lost much, that would be of value to know. Still though many things are lost, we have a rich inheritance in the fragmentary record that is left. From the careful investigations and scrutiny of a faithful town register, aided as he was by an intelligent and painstaking committee of the inhabitants we may justly and confidently rely on the truth of what is recorded; though defective in point of method and chronological arrangement.
There is no record of the organization of the town, nor of its officers, during the first three years, after its incorpora- tion; the chief records of those years, being of land grants to sundry persons, and matters pertaining to Ecclesiastical affairs.
There is a tradition that John Terry was the first Town Clerk, or Registrar; but this could not have been, for as we have seen, P. 51, he was not then, nor till years afterwards an inhabitant of Simsbury. "In 1677, Joseph Parsons sold the Capt. Cook farm, to John Terry, of Windsor." It is more probable that the first town clerk was John Slater, who, from
43
Sims. Rec. Vol. I P. 75
Red Book P. 13
the time of his election, held the office till the time of his death, in 1713, a period, (if chosen at the time of the organization of the town) of forty three years consecutively. He was a sur- veyor, and was among the earliest settlers, as appears from the fact that in 1674, a grant was made to him, of land in the town. The first and only records extant, of all those years, are in his handwriting, and there is no illusion there or elsewhere, to any other person as Clerk of the town. His records are in- valuable. By placing on record the full proceedings of the town, on all important matters, he has left to us a complete History, - a panoramic view of scenes and events as they passed; such as we cannot get from the town records of modern times.
The first recorded act of the Town was a grant of land to Micha11 Humphrey, February 16th 1670, "by ye Towne ( ) Acres of vpland Lying near his Meadow land which may be convenient for him and not prejuditiall to no other man". This grant was probably at "Mile Swamp" opposite the mouth of Hopbrook, now known as the "Bradley place". Here was his first allotment, as set out to him by the Windsor Com- mittee in 1668, or "20 acres at the place where he desires, betwixt the boggy Meadow and the swamp, that is about a mile above Thomas Maskells house; that lies opposite the Hop brook". That he first settled on this allotment appears probable from the following record: "March the seventeenth 1673/4. At a genr11 Towne Metting of the inhabitants of Simsbury. Voted that the Ferry place for the futter shall be at the mouth off hoppe Brook, and yt there shall be a Highway alowed from ye Landing place on the East Syde the River, & yt by the River Syde in ye most Feivziblst place: Till they turne on the southerly syde of Mich11 Humphries allottment, and then to turne from ye River on the southerly syde of that alottment to the Highway that comes from Windsor, which sd way is to be two Rodd wide: and from the mouth of Hoppe Brooke there is also to be a way alowed of three Rodd wide on the out syd of the Common Fence, which sd way also is to runne from the mouth of hoppe Brook to the way that comes now from Weataug to Hopmadow".
At the date of the above mentioned grant to Michael
44
S. T. R. Vol. I P. 1
Sims. Rec. Vol. 1 P. 1
Humphrey, the town "granted to Joseph Skinner, Thomas S. T. R. B. I. P. 1
Barber, John Drake, Sam11 Pinny, Peter Buell, John Humphries a parcell of land lying in Mill swamp, to be equally to be divided amongst them".
Confirmatory of what has been said of the town clerk, under date of "January ye 19: 1670", is this entry. "This bond bindeth benjah Holcomb, Simon Mills, John Slater, Tho: Rowell to come up and be here with yr Families by ye first of May, 1671, upon ye neglect whereoff they are to pay Five pounds apiece & forfeit all ye lands."
Ib.
As before stated, the first Deputies to the General Court for Simsbury, in May 1670, were Joshua Holcombe and John Case. At the October Session in the same year, John Griffen and Michael Humphrey were elected. "In 1668, the General Court ordered a sum of money for easing the publique charge of the Jurisdiction, as a meet allowance to every town towards the charge of Deputies, leaving each severall Town to their liberty to send one or two to every session of the Generall Court". The sums allowed to the several towns for this purpose varied, according to their distance from the place of holding the Court; ranging from £1 5s. to £3 for the Session. But in 1670 the Court ordered "that the Sallary formerly granted to the Deputies (by this Court) shall be paid by the Treasurer, for the future, out of the Country Rate, in the respective places where they dwell".
Col. Rec. P. 101
P. 142
And in 1671, it was ordered:
"That for the future, the severall and respective planta- tions shall pay for the hyer of their Deputies horses, which they ride upon, up to the severall sessions of the Generall Courte". As this was, at that time, the only mode of travel, "free passes" had not yet come in vogue.
P. 154
After the first year of its organization, the town usually sent but one Deputy, in each year, up to 1675, from which time till 1687, none were sent. In the latter year the Court Ordered that "the Deputies shall attend the Generall Court at the charge of the respective townes to which they doe belong."
Vol. 3 P. 228
The organization of the town and the establishment of its
45
civil government were not the work of a day or a year; indeed, it was not a construction, but a growth; an evolution. The general Court had enacted that the several towns of the Colony should govern themselves in their own way, making for them- selves such rules as they should deem best for the general wel- fare; provided only, they should not contravene the few rules which it might establish. It prescribed the appointment of three or four officers which must be chosen, in each town, such as Townsmen, Town Clerk, Constable and Surveyor; leaving the people of the town, in other respects, free to govern them- selves, or appoint any officers or agents for this purpose. In short, they were a law unto themselves. With slight exception, they were a pure Democracy.
In very many cases, what they might, perhaps, have done more easily and simply by an agent, they chose to do by their own vote.
Town meetings were frequent. In 1670, the year of the organization of the town, town-meetings were held several times within a single month. But as time passed, new officers were created, as the public needs required, and what at first was done in town-meeting, by the people themselves, was afterwards done by their agents, duly appointed.
In 1674, in conformity with a law of the Colony the town passed the following:
"Whereas much Difference dos or may often arise by reason of the unmerchantablness of Pork & Corne, bettwen the buy" and sellerct Joseph Skinner is, by ye Inhabitants of Simsbury, chosen to Desid all such controversies".
In the early settlement of the Colony, for the purpose of saving labor and expense, a system of "Common" fencing was adopted, and laws were passed, regulating the management of the fields so enclosed. In Simsbury the peculiar settlements along the river, on both sides, rendered its system of common fields peculiar. The settlements extended, almost continuously, from "Farmington bounds" to the "Falls", a distance of nearly ten miles. For each land-owner to enclose his own separate allotment would be to assume a burden too onerous, for one whose daily and constant labor was required to supply the
46
S. T. R. B. I. P. 3
X
means of subsistence, and keep the wolf from the door. The enclosing of all these improvements in one field, under a common fence, was looked upon as a vast saving of labor. By it, the crops of the whole settlement were to be protected from the encroachments of domestic animals, which were per- mitted to roam at large through the surrounding or adjacent forests. But this mode of fencing gave rise to many difficulties and differences not only from among themselves, but from their outside neighbors. There was great difficulty in keeping up the fence, through its whole extent. To see that this was done, the General Court passed an Act, giving power to the townsmen of the several towns, to apportion to each proprietor his proper share of the common fence, and to consider and order the best way of improving and fencing common lands.
The townsmen were also impowered to make rules for the management of the common fields and the time of fencing and of clearing them of crops, for the common convenience.
"March IIth 1674. Ordered by the Select men of Simsbury, that all enclosed fields within the Township of Simsbury shall be sufficiently Fenced by every proprietor of ye said Fields by next Saturday night, and all those that are defectiev, shall satisfie to ye party or parties damnified; All such damages as shall come through such neglectors neglect".
In 1667, the General Court had granted leave to the Town of Farmington, "to improve yr land as formerly, wthout fencing it otherwise yn they have done formerly". This practice was in vogue in Farmington when the settlements of Simsbury commenced, and caused the latter great annoyance and damage. They made application to the General Court for relief. So great were their difficulties, and of such magnitude the mat- ters in controversy, that, in addition to their regular Deputy in the General Court, they chose and appointed Mr. Pitkin of Hartford to be their Deputy. Mr. Pitkin was an eminent lawyer, and his services were called into requisition to defend the town, in its difficulties, with the people and authorities of the neighboring town.
"April 24th, 1674. At a towne Metting of the inhabitants of Simsbury: ye said inhabitants Made chose of Mr. Pipkin
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