USA > Connecticut > Hartford County > Simsbury > A record and documentary history of Simsbury > Part 7
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Col. Rec. Vol. II P. 309
Town Rec. B. 1 P. 10
Town Rec. Book I P. 10
June Ist John Case Senor and Elias Gillit chosen Fence- viewrs for this present year & till new be chosen."
The year before, in 1676, the General Court appointed a Committee of seven persons, "to put a value upon all the lands in the several plantations, how they shall be valued in the list of estates, and make return of the same, to the Court for their approbation and confirmation."
All the towns of the Colony were listed and appraised by this Committee; each town separately.
To show the relative value in several towns in this County, their appraisal is here inserted.
"Hartford, home lotts, at 40 s. pr acre; improved uplands 25 s. pr acre on the sowth side, 20 s. p" acre on the north side,- the meadow, one halfe at 50 s., the other halfe at 40 s. pr acre."
"Windsor home lotts, the best at 25 s. pr acre, the worser at 20 s. pr acre; improved upland, one third at 20 s. pr acre, two thirds at 15 s. pr acre, one halfe of their meadow at 48 s. pr acre, the other halfe at 38 s. pr acre."
"Farmington home lotts, one halfe at 20 s. pr acre, the other halfe at 15s. pr acre; improued vpland, ten shillings pr acre; meadow, one third at 40 s. pr acre, two thirds at 20 s. pr acre."
"Simsbury home lotts att 15 s. pr acre, meadow, one third at 40 s. pr acre, two thirds at 20 s. pr acre."
(Subscribed by the Committee).
"This Court doe confirme what the Committee hath done, in sizeing the lands of the severall plantations, and order that for the future the lands be prized accordingly in the List of Es- tates."
1679
Town Rec. B. I. P. 24
Notwithstanding the favorable legislation by the General Court, and the strenuous efforts of the town authorities for the encouragement of the growth and settlement of the town, it made but slow progress. Some of the proprietors still neglected to occupy and improve their lands. This, to the actual settlers, was a hardship and a wrong. With this feeling "At a Generall Towne meting of the Inhabitants of Simsbury, Octobr Ioth, 1679, then voted to adress themselves to this Gener11 Court there to make known their grievances respecting those that
72
Col. Rec. Vol. II P. 296
have lands within ye Township of Simsbury, and are not per- sonally liveing upon their lands, which lands, much to ye de- populating of the place, and is an appariant wrong to those that are the present Inhabitants: so that, by reason of their non-Inhabiting on their lands and prudent manaiging of the same, those that are here are much discouraged, and their hands weakened in their publique affayrs, both civill and ec- clesasticall, so that neither civill nor ecclesasticall can goe com- fortably on: those chosen to declare and manaig these matters are Mr. John Terry and John Case, Sen", who have full powr to make choice and agreement with Mr. Pipkin to manaige the Towns' case wth them, or in case he is not to be procurred, than any other that they Judg may be beneficiall in his Room and Stead. Further hereby they are Impowered to call for those Deeds, gifts and Instruments of acknowledgement made to Sergant John Griffin by ye Indians and procure the same for the Townes use; Also all those writtings of ye Committee, that are in Capt. Newberies keeping, to procure the same, so that they may be recorded in the Towne for thier use: as occasion may serve." (These last mentioned "writings of the Commit- tee", are the Acts of the Committee appointed by the General Court to measure out their several allotments to the first settlers. They are recorded on pages 84, 5, 6 & 7, of B. I., and on pp. 6, 7 & 8 of B. 2, Simsbury Town Records).
The Committee of the town, under the foregoing vote, in behalf of the town presented a petition to the General Court, then sitting at Hartford, in the following doleful language:
"Hartford this first of September, 1679.
"To this Honoured Court: the Petition of the underwritten is as followeth: yt whereas we the Inhabitants of Simsbury, and planters in yt place, and by the blessing of God upon our labours have bin from year to year in good hopes and expecta- tion of a comfortable and considerable harvist, as may be made apparent by the fair and promising show upon our lands, - yet we are so destroyed and devouered one of an other, when we have Bestowed our labours, and charges, and See apparantly good Hopes of a comfortable harvist, - yet then to be de- stroyed and devouered one by his Neighbour, and every man
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of & by one an other without relief: it is a most grievious and perplexing consideration. So yt in ye sense thereof, doe most earnestly beg pray and Implore this honord Court, to take us and our said estat into your protection, and find out som way for our reliefe or else we may work and labour and the earth bring forth much, and it will be as it hath bin Frequently destroyed, so that we pray Intreat your worships to afford us some releife, and in hopes shal crave leave to subscrib my self, yours to be Comanded.
John Case."
The prayer of such a petition could not be rejected or con- tumeliously ignored. The General Court came to their relief: "Oct. 1679. Vpon the petition of John Terry and John Case in the behalfe of the Towne of Simsbury, that those who are proprieters of land in Simsbury, might be compelled to com to their alottments and settle themselves or som other suitable persons on their accommodations there. This Court haveing considered the sayd petition doe nominate and appoynt Major John Tallcot, Mr. James Richards, Mr. John Wadsworth and Capt" Benjamin Newbery, or any three of them, to be a comittee to take a view of the sayd plantation of Simsbury and to appoynt the place or places where the inhabitants shall build and setle so as may be most for their accommodation and safety; and when this is done all such persons as having propriety there and doe not com and build upon their accom- madations or alotments and setle some inhabitants in them, within the space of six months after the determination of the sayd Committee, shall forfeit forty shillings pr year to the town, till he shall build upon his sayd accommodations a good suffi- cient mansion house, according to former order of Court, except any particular person doe produce some grant that doth free him from this injunction, formerly granted by this Court or a committee impowered by this Court."
This order shows the arbitrary power of the government, as well as the law abiding habits of the people. The Magistrates exercised supreme and unlimited power, the people, un- questioned submission. As God-fearing men it was their duty to obey those that had the rule over them. To obey their
74
Town Rec. B. I. P. 24
Col. Rec. B. III P. 42
rulers was to obey God. If any were disposed to disobey, they were brought before the Court and compelled or punished. "The Committee Appoynted by the Honed Generall Court October 1679, for the setleing of ye plantation of Simsbury being met this ninth of March 1679, or '80. Determin as fol- loweth. Imprimis, these hereafter Named, on the west syde the river at Simsbury, shall build and setle."
Many of the proprietors still failed to comply with the terms and obey the order of the Committee. It was a matter of too great importance to the welfare and happiness of the inhabitants already on the ground, not to be enforced. Deter- mined on maintaining their rights, they held a town meeting and took decisive measures to secure them.
"Jan. 4th 1681. At a General] Towne metting of the Inhabitants of Simsbury, January the 4th 1681: Ye Gener11 Court having made an order, which has ben extant since the time of the Gener11 Courts sitting, etc, - that all such house lots in Simsbury should have a mansion house erected on them by such a time, - that as yet have non, and upon ye neglect of such, of said order, there was a penalty of forty shillings yearly to be payed to ye town for their vse by all such as was found transgressors of ye said order: the Towne inhabit- ants made choice of John Terry to mak demand of ye sd for- fetures, and as many as was willing to pay the said forfietures, to receive it, and mak return thereof for ye Townes use, and for all such as refuse to pay ye dues according to sd court order, the sd Terry is to make return to ye town.
"Also Voted, by the Inhabitants of Simsbury, that they will make demand of all such as are guilty of breach of this courts order, and in case of refusall yt they will prosecut the same to effect, on all such gilty person, that so the mony may be procured for ye Townes use."
In accordance with the foregoing vote of the town, com- plaint was made and the following summons issued, answerable in the County Court.
"Capt. Benjamen Newbery, Capt. Daniell Clark, quarter- mas. Bissell, Nathaniell Bisell, Samuel Bissell, Georg Griswold, Timothy Phelps, Sergt Anthony Hoskins, Joseph Skinner,
Town Rec. B. I. P. 18
1680-1
Town Rec. B. I. P. 15
Town Rec. B. I. P. 19
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Thomas Eggleston, Sam' Pinny, Arther Henbery, Andrus Hilliard, John Drak.
In his Majisties name, these are to requir you, and every of you, to appear at the County Court, to be holden in Hart- ford, on the first thirsday in March next, and then and there to answer Thomas Barber one of the Townsmen in Simsbury, and such other as they shall appoynt, as commity in behalf of said Towne of Simsbury, in their complaynt made against you and every of you, for that you have not errected Mansion houseing upon your respective and particular houselots in Simsbury, according to the order of Court provided to that purpos, with the penalty anexed which expected: without pay- ment whereof to the Towns use you may not fail to make your appearance. Feb. 14th 1681, pr John Talcott Assistant."
It is here noticeable, that with some persons it is less difficult to make laws or rules of conduct than it is to follow them. Capt. Newberry, one of the very Committee that made this order, is one of those complained of as guilty of a violation of it.
Preparatory to the trial of these cases in Court:
"Feb. 17th 1681. At a Towne metting of the inhabitants of Simsbury, Thos Barber, Sergant Wilcoxsun and Joshua Holcomb, chosen a Committee in the behalfe of the towne, to manage the Townes Case at the next County Court holden at Hartford the First Thirsday in March 1681-2 - to Manag agaist those that are sumond there to appeare at County Court, such as are mentioned upon warrant for their not at- tending, or non-performance of Building Mansion houses, setleing in sutable persons in their accommodations according to ye act of gener11 court."
"March 13, 1681-2, the Committee chossen to met the proprietors or their Agents on the behalf of the inhabitants of Simsbury, as touching the case Depending bettwen them & the proprietors for ye not performing ye act and orders of ye generall court respecting building setleing in of sutable per- sons, or coming themselves to setle on their accommodations, are Sergt wilcoxsun, Joshua holcomb, John pettibone, who hath the management of the whole affayre committed to them."
76
Town Rec. B. I. P. 16
As no record of further proceedings in this matter between non-resident proprietors and the inhabitants is found, it is presumed that the Committee entrusted with "the management of the whole affayre" made an amicable adjustment, and settled the difficulty between them, to their mutual satisfaction.
"September 22nd 1681. orderd by ye Selectmen of Simsbury yt all ye corne fields within the Towneship of Simsbury, such as lye in common, shall be cleared by the Sixth of October 168I."
Town Rec. B. I. P. II
77
FIRST CHURCH BUILDING . 1682
X
Purchase of the Town
Thirty years had passed since Manahannoose sold Massaco to John Griffin. Whether he had any right there, or whether he ever hunted or fished there, is not known. His title may have been no better than that of another of whom we read, who offered to sell "all the kingdoms of the world" to Our Blessed Saviour. But whatever may have been his title, or that of the other Indians who joined him in the conveyance, the purchase by Griffin, not being "for the use of the Colony, or the benefit of some town", was void. The Indians sold the land, to redeem Manahannoose from slavery. This was the sole consideration. Yet these lands were taken possession of and appropriated by the white people, and they had been incorporated as a town, ten years. The old Indians had passed away; a small number of their descendants remained. These became dissatisfied and discontented. The lands of their ancestors, which should have been theirs by inheritance, had been taken from them without any compensation. They made bitter "complaynts and ac- claymations."
At length in 1680, by the aid and counsel of the worshipful Major Tallcott, a valid Deed of confirmation was procured from the Indians, embracing all the lands of the town, as granted by the General Court, being more than double in quantity of land described in the former deed to Griffin.
This Deed, as it is the sole title by which are ancestors held their possessions here, and by virtue of which, we, their
78
successors, have claim, is here presented in full, as a matter of public interest.
Probably most of the signers of this deed were Poquonnoc Indians. The first three were chiefs of that tribe and probably Manahannoose and some of the others who signed the deed to John Griffin, were of the same tribe.
"WHEREAS OUR PREDECESSOR MANNAHONOOSE did for a long time since devise and wittingly kindle a fire that con- sumed the estate of Sergt John Griffin, and made over all his Right and Intrest of Land at Masacoe, unto the sayd John Griffin for Due Recompence of the Damage done, and whereas our Predecessors Younkett and Pamatacount, by a Deed of sale made over and sould another percell of Land adjoyned to the forsayde Masacoe, and being within the Bounds of the Towneship of Masacoe, Alias simsbury, which they, our pre- decessors made sale of to some of the Inhabitants of Masaco, Alias Simsbury, And whereas we, Nesahegon, Seaket, and Totoe, Gent™, Aups, Manconump Nenepauch squa, wisho- wonoss wife and Mamantoes squa, had common Right of those the aforesaid Lands so sould and disposed by our pre- decessors, and also haveing Right to some Lands taken into and being scituate within the Boundarrise stated by the Gener11 Court of Connecticutt as Belonging to the Towne ship of Masacoe Alias Simsbury, for avoydeing all Differences yt may hereafter arise or happen to Bettween us, the foresayd Nesehe- gan, Seaket, Totoe, Aups, Manconump, Nenepauch Squa, wishowonooes Wife and Mamantoes Squa, and our heires, and the Inhabitants or proprieters of Masacoe, Alias Simsbury, and their heires and assigns, HAVE GRAUNTED and made this Indenture, this Twenty-sixth of March in the year one Thousand six hundred and eighty, Between us, Nesehegan, Seaket, Totoe, Gent™ with Aups, Manconump, Nenepauch Squa, Wishewonose squa, and Mamantoes Squa, and Major John Talcott, Capt. Benjamin Newbery, Capt. Daniel Clarke and Sergt John Griffin, all proprietors within the Towneship of Mesacoe Alias Simsbury, within the Collonye of Connecticutt in Newengland, Witnesseth, that we, Nesehegan, Seaket, Totoe, Aups, Manconump, Nenepauch Squa, Wishewonose
79
Town Rec. Red Book P. 10
squa, and Mamantoes squa, being the only Rightfull owners, successors and surviving heires that can make any challenge, clayme or Demand upon or of propriety in that tract of land, which is circumscribed by Bounderies hereafter mentioned As being and belonging to the Towneship of Masacoe, Alias Sims- bury. Have a Common Right in that so disposed and alliened by our predecessors, Manahonnoose, Youngcoout, and Pamata- count, and for many other good considerations and causes herunto us moveing, And for a valuable summe payd to us in hand, in full satisfaction for al our Rights in the before Men- tioned Tract or parcell of land lying and being within the Towne ship of Masacoe, Alias Simsbury: The Receipt whereof we do acknowledg, and do by these presents, Freely, Fully, cleerly, absolutly, Give, Grant, Bargaine, sell enfeofe and confirme unto Majr John Talcott, Capt. Benjamin Newbery, capt. Daniel Clark, Sergt John Griffin in the Behalfe of the Inhabitants and proprietors of the Land Belonging to the Towneship of Masacoe, Alias Simsbury, and their heirs and assignes forever, all that Tract of land lying and being scituate on Farmington Bounds southward, and from thence to Runne Ten Larg Milles Northerly, and from the Bounds of Windsor Towne on the East to runne ten Larg Miles Westward; the Tract or percell of Land being ten Miles Square at large: To Have and to hold, possess, and enjoye al the aforesayd Tract or percell of land as it is now Bounded; with all the Emmunities, priviledges, Meadows, pastures, Commonage, Timber, Trees, Wood, Under wood, Stones, quarries, mines, mineralls, Bookes, ponds, Rivers, Fishings, profits, commodities, emoluments and appertinences whatsoever is Belonging thereunto, Unto Major John Talcott, Capt. Benjamin Newbery, Capt. Daniell Clarke, and Sergt John Griffin, in the behalfe of themselves, and in the Behalfe of the Inhabitants and proprietors of the Land belonging to the Towneship of Masacoe, Alias Simsbury, to them their Heirs and assigns, for their own and only proper use, Benifit and behoofe Forever. And we, Nesehegan, Seaket, Totoe, Aups, Manconump, Nenepauch Squa, Wishhwonose Squa, and Mamantoes Squa, do assur and warrant the said Major John Talcott, Capt. Benjamin Newbery, Capt. Daniel Clark,
80
Sergt John Griffin, and the rest of the proprietors of Masacoe Alias simsbury, that we have full power, good Right, and lawfull authority to graunt, Bargaine and Sel the aforesaid Tract of land, with all the appurtinence and Singular the priviledges thereunto Belonging.
And we, the said Nesehegan, Seaket, Totoe, Aups, Manconump, Nenepauch Squa, Wishewonose Squa, and Mamantoes Squa give them, the said Major John Talcott, Capt. Benjamin Newbery, Capt. Daniell Clark, Sergt John Griffin and the Rest of the Inhabitants and proprietors of the Towneship of Masacoe, Alias simsbury, ful power and authority to record the premises to themselves, to their heires and as- signs forever and we, Nesehegan, Seaket, Totoe, Aups, Manconump, Nenepauch Squa, Wishewonose Squa, and Mamantoes Squa, do promise, covenant, to and with the said Major John Talcott, Capt. Benjamin Newbery, Capt. Daniel Clark, Sergt John Griffin and the rest of the Inhabitants and proprietors of Masaco, alias Simsbury, them, their heires, and assignes, shal and may by force and vitue of these presents, from time to time and at al times hereafter and forever, law- fully and peaceably and quietly, have, hold, use, occupy, possesse, and enjoy the aforesaid Tract and percell of land with all its Rights, Members, emmunities, priviledges and appur- tinences, and have Receive and take the Rents, Issues, emolu- ments, and profitts, thereof to their own and only proper vse and behoofe for ever, without any lawfull Lett, Sute, trouble, molestation or disturbance whatsoever, from us, or any of us the sayd Nasehegan, Seaket, Totoe, Aups, Manconump, Nenepauch Squa, (Wishewonose Squa,) and Mamantoes Squa, our heires successors or Assignes, or any person or persons, whatsoever from, by or under us, our Successors or Assignes, or by our, or their Act, meanes, consent, privity, or procure- ment: and We, Nesehegan, Seaket, totoe, Aups, Man- conump, Nenepauch Squa, Wishewonose Squa, and Mamantoes Squa, both for ourselves, Heires, Executors, Administrators, and assignes shall and do cleer and cleerly Aquit, exonerate and discharge otherwise sufficiently save harmless the said Major John Talcott, Capt. Benjamin Newbery, Capt. Daniel
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Clark, Sergant John Griffin, and the rest of the Inhabitants and proprietors of Masacoe, Alias Simsbury, their associates, them- selves their Heires, executors, administrators and assignes forever, from all former and other graunts gifts bargains, Titles, Troubles, Demands and encomberances whatsoever; had, made, committed, suffered or don, by us the aforesayd Nesehegan, Seaket, Totoe, Aups, Manconump, Nenepauch Squa, Wishewonose Squa, Mamantoes Squa, upon the premises and in wittness whereof we have hereunto signed sealed and Made delivery of the premises aforesayd, in the year One Touusand Six hundred and eighty, March the six and Tweenty- eth in the presence of these Witnesses.
Witnessed to the signing sealing and delivery of the premises contained in this deed by us.
John Strickland, Intrabrator, (Interpreter).
John Andrus.
Joseph Andrus.
Wonoe X his mark.
Waymp. N (26920) his mark.
Docochepagon his M mark.
Wehasetucks Gr his mark.
Cupheeg- his mark.
Further its agreed & Determined that whereas Mamantoes hath a percell of Land conteyning by estimation Two acres Lying and being Scituate in Weatauge that he, the sayd Mamantoe hath not sould his Right in that sayd Land, but shall hold the same to himselfe and his Heires &
assignes forever, notwithstanding any thing in this deed con- teynd to the contrary.
And its Further alwaies provided that the aforesayd Indians named in this deede of sale, themselves and their Heires, shall have Liberty and may without Molestation, from time to time, and at al times here after have fre Liberty to Hunt, Fowle and Fish within the Bounds of Simsbury, Alias Masacoe, notwithstanding anything in this deed to the Contrary, and hereunto have Subscribed and set to their hands or markes, the day and year above-sayd.
Nesahegon O his mark and seal
Seakott + his mark and seal
Totoo S his mark and seal
Aupes & his marke and seal
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Manconumpe his marke and seal Nenepaush Squa > her mark and seal
Wishowonoes Squa )Y her mark and seal
Mamantoes? 3 squa her mark and seal
Waquaheag, Alias Cheery gave his ful and free consent to this beforementioned deed in all and Singular the premises thereof; ratifiung the same, both for himselfe heires executors, administrators and assignes, as wittness his mark and seal.
Waquaheag, Alias Cherry, his mark verky' and seal Q, Nesehegan, Seaket, Totoe, Aups, Nenepauch Squa, Wishe- wonose Squa, Mamantoes Squa, and Manconump personaly appeared and acknowledged the befor sayd Instrument and deed of Sale, to be theire act and deed, this Tweenty and Seventh of march one Thousand Six hundred and eighty, as atest.
John Talcot Assistant of his Mjtes Collony of Conecticutt."
This was looked upon by our ancestors as a document of great value, being the only title they had by which they could rightfully hold their possessions; and they took special care to preserve it as a sacred treasure.
"Indian Deed keept where."
"August 14th, 1685. at a town meting of ye inhabitants of Simsbury, John Case Senor chosen to keep for the Townes use the originall Deed received of the Indians, wch Deed is the Deed of our rights to our Township etc. and Ensign Tery is to carry ye said Deed to Hartford and to get it entered in to the Country record, according to law, and then to return it to ye safe custody of John Case, Sent."
"The Originall Deed" has not been "keept," but the record of it has been faithfully preserved.
But though a good and valid title had thus been procured, with the acknowledgment of the receipt of "A valuable summe payd in hand in full satisfaction," - the purchasers failed to make payment; and no provision was made for its payment. Then "they made a rate", for the purpose of raising the means of payment, but they could not collect it. The Indians became impatient, and at length indignant. They had been induced
Town Rec. B. I. P. 36
83
to sell their lands, but had received no consideration. They became clamorous. Two years had passed, and no payment made.
At length, however, they hit upon "A way to satisfy Indians Purchas." "At a Towne metting of the Inhabitants of Simsbury, May 5th, 1682. Whereas, by the aid and helpful- ness of the Worshipfull Major John Talcott of Hartford, the Inhabitants propreietors of Simsbury have Bargained Indented, with the Indian owners of all ye lands in Simsbury bounds upon such tearmes and Articles as is Indented for with said Indians, to their satisfaction, the said Indians haveing also given us confirmation of al lands within ten Miles square, ac- cording to the Gracious grant of the Gener11 Court of connecti- cutt to the Inhabitants of Simsbury & all proprietors belonging to, and haveing Right to lands in the Township of Masaco alias simsbury, their haveing bin a rate made for the collecting of said mony, to pay ye said Indians purchase: ye Collector haveing made often Demannds of ye said Inhabitants & pro- prietors of Masaco, alias Simsbury, to pay the said mony in to Major Talcott for the said purchase: who would further tak the care and charg to se the mony payed to ye Indian owners according to order agreed: the mony not being payd, the Indians make a grievous complaynt to sd Major. and being uncessantly vrging for their dues agreed for, although some of the Inhabitant have carryd their proportion to ye sd Major etc, yet a considerable quantity of ye rate being behind etc, the Towne, for to still the acclaymations of the Indians, and to bring to issue the said case, and to ease the Major of these vexations outcryes made by ye Indians for their mony, to bring the matter to a period, the Inhabitants of Simsbury at this metting have agred to put to sail 100 or 150 accres of said land within the precincts of Simsbury on ye river, towards their west bounds. And for the effecting of the same the towne at this metting made choice of a committee to act, Investing them with full power to put ye said land to sail as before, yt so the Indians may be payd their full sum of the Mony agreed for: the Committee are John Case, John Terry.
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