USA > Connecticut > Hartford County > Simsbury > A record and documentary history of Simsbury > Part 9
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Col. Rec. Vol. I P. 100
lands, shall be attended by all such prsons that haue any prpriety or interest in any lands that shall be so judged by the said Comittee.
And whereas also, much damage hath risen not only fro the vnrulynes of some kynd of Cattell, but also fro the weak- nesse & insufficiency of many fences, whereby much variance and difference hath followed wch if not pruented for the future, may be very pruidiciall to the publique peace; It is thereore likewise Ordered, that the said 7 men, soe chosen, or at lest 5 of the, shall sett downe what fences are to be made in any Comon grownds, and after they are made, to cause the same to be vewed, and to sett such fynes as they iudge meet vppon any as shall neglect or not duly attend their Order therein."
Next the question of the location of the meeting houses, "Common fields" and "Common fences" caused greater dis- turbance and more bitter feeling than any other subject ever agitated in the town. These were a perpetual source of trouble, extending from the time of the settlement of the town far into the succeeding century.
"At a Towne metting of ye Inhabitants of Simsbury, Feb. 25th, 1683. Nicholas Gozard and Elias Gillet chosen Fence viewers for ye ensueing, whose Diocesse is from ye lower end of Mil Swamp of both syds ye river to Farmington Bounds; and Sam Adams and John Griffin chosen fence Viewers whose Diocesse is from the lower end of Mil Swamp to ye fals on both syds ye River." "Mile Swamp" was on the east side of the river, opposite the mouth of Hop Brook, and is now bounded and enclosed by highways.
Two "Way-wardens" were also annually chosen-one on each side of the river. At this period, and onward, the con- dition of their fences, and the insecurity of their crops, were the constant source of anxiety and complaint. They assembled from time to time, in town meeting, and discussed the measures proposed for their relief. They had previously joined fences with the people of Farmington. These were now withdrawn.
"At a Towne Meting by the Inhabitants of Simsbury Defember 31, 1685. Whereas it is found by woefull experience that the Maner and way of the lying of our corne fields in
1685
S. T. R. B. I. P. 36
99
Simsbury: is not a way for the fecuring of our yearly crops: but the said Moode proves exceding prejuditiall to the whol plan- tation: & for the New Moulding, and modling of ye same so as that the whol proprietors concernd in al Improveable lands: may have benefitt their Annual crops prefferved. It is Voted that al the fields from farmington bounds to ye lower end of Timothy phelpes bounds on yt sd field at ye fals on ye eft syde ye river and so from sd fals to farmington bounds all ye fields on the weft syd shal lye in on Comon and Intir Field so that the fenc on ech sid ye river shal run from farmington bounds to the fals lower syd of widow Griffins: & Jofhua Holcomb and John Higley and Jnº Slater are by the inhabitants of Simsbury chofen a committee to lay out said fenc. of yt said field and to setl where it shall stand for ye benefit of the whole. and to stake out and proportion every man proportion of said fence in some Just and equatable way: alfo when called by any others in ye Town lying in commons to stat out their Fences alfo. in som juft and equitable way."
This act of the town was submitted to the Worshipfull Major Talcott and John Allyn, who gave their approval in the following terms:
"Whereas it hath happened so that Farmingtowne Inhabi- tants have drawne of their Fence on the North syde of their Bounds which did formerly met with Simsbury Fences adjoyn- ing south to ye same and thereby laying the common Fields Belonging to Simsbury open. and subject to ruine by all forts of catle and swin. whereby the setlement made by a Committee in the year 1679 cannot be obferved. by the Inhabitants & Proprietors of sª Common Field. we, under written do advife that the way agreed on Defember ye 22 1685 by the proprietors and Inhabitants, for stating and new Modeling every mans proportion of Fence. be obferved and to that end the perfons chofen to lay out every manes proportion: in a juft way be attended with al convenient Speed. Hartford March 25 1685-6. John Talcot John Alin."
But all the measures hitherto adopted by the town were
100
S. T. R. B. I. P. 25-6
apparently of no avail. Instead of being remedied, the evils continued and increased in magnitude.
In 1687, the Selectmen of the town presented to the Gener- al Court, a touching appeal for relief.
"From Simsbury this -1687."
"To this Honnored General Court: the Petition of the underwritten is as followeth:
yt whereas we the Inhabitants of Simsbury. and planters in yt place. and by the bleffing of God upon our labours have bin from year to year. in good hopes and expectation. of a Comfortable and Confiderable harvist as may be made ap- parent by the fair and promifing show upon our lands = yet we are fo deftroyed and devoured one of another: when we have Bestowed our Labours. and charges. and foe apparant- ly good Hopes of a comfortable harvist-yet then to be defftroyed and devoured, one by his Neighbour: and every man of & by one another without reliefe: it is a moft grievious and perplexing confideration. so yt in ye thereof and have tryed many wayes to prevent such Intolerable losses, by laying out fences to such lands, here in Simsbury and enclosures, as has been for vse both for corn and grasse, yet our Orders and Labours has not ben attended, so that to this day our Corn- fields lye exceedingly hazardous, and our labour to be destroyed, which, if there be not som speedy care taken of us, that our meadows and cornfields be secured, and our crops preserved, we shall be very much impoverished :- neither shall we be able to carry on any publique deuties either in ecclesiastical matters or civill affayrs, and seeing it is wondered at, why Simsbury men are so poor, the Judicious may easily discerne the reason of the same: so that in sense thereof we do most earnestly begg, pray and Implore this honnered Court to take us and our most sad estate, into your serious Consideration & find out some way for our reliefe, and Welfare, or else we may labour yearly, and the earth by the blessing of God, bring forth much, yet it will be as it hath been, Frequently destroyed: so that we pray, entreat your Worships to afford vs some reliefe.
Col. Rec. Towns & Lands B. I. P. 227
S. T. R. B. I. P. 24
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And in hopes shall crave leave to subscribe ourselves. Your humble petitioners.
Joshua Holcombe Samuel Wilcoxson John Higley. Selectmen of Simsbury."
Such an appeal was not to be resisted. The General Court responded as follows:
"Oct. 14th 1687. This Court doe appoynt Major John Tallcot, Capt. Samuel Tallcot, Ens. Nath. Stanley and Mr. Ciprian Niccols, or any three of them agreeing, to be a Com- mitte to hear and determin all matters of difficulty concerning fenceing in their comon fields at Simsbury; and what the sd Committee shall agree and determine therein, is to be attended as the issue of that matter, all which the inhabitants to ac- quiesse, and the committe are desired to attend it speedily."
The Committee now appointed made a report in December 1689, directing the mode of fencing the common fields, and designating the proportion to be built by each proprietor.
Following is their report:
"Whereas the Gener11 Court at their Seffions in octobr last did nominat and appoynt Mr. Sam1] Talcott Nathan11 Standly & Cyprian Nicols to confider & settle the matter com- mitted to Vs-Concerning Simsbury Fence According to former act of ye Gener11 Court," ... "having been at fd Towne in Novembr 1687 & takeing a full View of sd Land =& the Proprietors in sd Towne haveing Notice of our Comeing theither Many of them did Mett with us there & gave their Reafons for and againft the enclofing of the sd Lands by a Common Fence and again in Novembr 14 1689, We Sam11 Talcott and Cyprian Nicols haveing been at sd Simsbury Warning being given to the proprietors of sd Land of our Comeing. many of them did meet wth us there and gave their Confent to ye fetlment hereafter mentioned =Others that were detained by ficknesse as we were then Informed, did Readily Confent alfo and others sd they would give no oppofition to what we should Order refpecting the premifes- and Mr John Higley declairing himfelfe willing that his Land Should be
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Col. Rec. III P. 246
S. T. R. B. I. P. 78-9
taken into the Common Field or left our as we thought moft Convenient =And alfo John Griffin did the same for his Land there and fome others Northward of sd Higley declared againft Fencing in a generall field-vpon thefe Confiderations We, Sam" Talcott Nathan11 ftandley & Cyprian Nicols Finding it most for the advantage of ye reft of the proprietors of sd Lands that they be left out of foresaid field: do vpon matture delibera- tion determine & order that all meadow and other Improveable Land that lyeth vpon the River of Simsbury From Farmingtone bounds vnto mr John Higleys ditch. neer the South syde of his Land shall be in one generall field and that Proprietors of saide land shall mak and maintain a good Sufficient Fence, (for the Secureing of the same) according to Law = that is to fay = that the Proprietors of the Land on the East fyde of faid River, shall make and maintaine the Fence on the East fyde of faid River as aforesd from Farmingtone bounds untill it Comes neereft upon a weft lyne againft the South fide of Mr. Higley's Land =or againft the Eaft End of his ditch & then to runn their fence to the River .- And the Proprietors of the Weft fyde sd River shall make and Maintain their Fence as aForesd From Farmingtowne bounds untill it comes to the south syde of said Higleys ditch-which is neer fprufe fwamp with this Proviso (viz) that every mans proportion of Fence shall be neer as may (be) unto his Land. every one to have Liberty to fence the breadth of his owne Land as farre as it fhall fall to his Share & what fence shall fall to any Man to maintaine as his propor- tion more than the breadth of his Land shall be Laid out to him in fome other place, and what fence is already fett up by the Proprietors of fd Land, shall ftill remaine to them as their part of faid fence as farr as it shall be their proportion: but when any perfon shall happen to be removed from his Fence, that perfon yt fhall enjoy his Fence, Shall make him due Satisfaction for it as it shall be valued by two Indifferent men mutually Chofen by them, unlesse the owner thereof feeth caufe to Remove it = the proprietors alfo to mak and maintaine the Fence at both ends of said Gener11 field =only excepting what fhall of right belong to Mr Higley to do at ye North end and to Farmingtown people on the fouth end as their proportion ac-
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cording to Law =and what proportion of fence doth properly belong to the Land that is sett apart for the ufe of the miniftry within the sayd field fhall be errected and made = at the proper Coft and Charg of the whole Towne in gener11 the fence of the whol field to be proportioned to each man according to his Number of Accres of Land in faid field = Regard to be had to the goodnesse of Land and alfo to the place where Each mans Fence stands-fome Land being better than others; and fome places more advantagious for fencing then others and whereas there are divers places on either fyde of the River that by reafon of the deepth of the river or fteepneffe of the Bank of the river-at present need no Fence: we order that as foon as the Selectmen of the towne of Simsbury shall fee caufe to Fence in thofe places, an equall diftribution of the fame fhall be made by them according to the Number of Accres that each perfon hath within said field. And that the fence be ffpeedily made by thofe to whom it fhall be so diftributed & Layd out
and Whereas Levt John Terry Complaynes of wronge don to him by lyeing in a gener11 field we finding his land to lye neer the Middle of it, can no waies eccempt him, from doing his part of sd fence: yet feeing he proffered to make and main- taine two Hundred and forty rods of Common Fence for his part we order that if he fe caufe to make and maintaine sd 240 rods of fence in ye same range with his Neighbours For the enclofing of said field then. that fhall be accepted off as the whole of his proportion but if he refufe to accept of this: then he to bare his part in gener11 fence with others by the fame rule.
All the Fence of the Gener11 field to be layd out by the forementioned rules to the fever11 proprietors of faid field as foon as Conveniently it may = Petter Buell John Slater and John Cafe Junnior are defired by us to proportion and lay out the Fence on the East fyde the River = & Jofhua Holcomb Sam1 Humphries & John Mofes, on the weft sd River-whom we defire to take due Care to lay out the sd fence in fuch places where it may be thought beft for the attaining the end aimed at =who fhall be fatisfied for their paines by the Pro- prietors of sd Generall field
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In teftimony that this is our conclufion & determination by vertue of the act of the Generall Court we have hereunto fubfcribed our hands this 5th of december 1689
Sam11 Talcott. Nath11 Stanley. Cyprian Nicols."
In this report of the Committee, a spirit of fairness and a desire to do right are manifested, worthy of commendation. That there might be no collusion or favoritism shown by those appointed by them to apportion and lay out the fence, they selected men living on the West side of the river to perform this duty on the east side. and the reverse for the other side.
Meantime, while this Committee were deliberating, and before their decision was made known, several "Weataug" men, in the Spring of 1688, whose land lay contiguous, seceded, and entered into an arrangement among themselves, and asso- ciated, under mutual bonds, to maintain a comon fence to protect their own particular fields.
The Order of the Committee, however, seems to have been "acquiessed" in, by the proprietors, and the fence to have been maintained for several years, according to its re- quirements. So well were their crops protected that it was "Voted and agreed by ye Inhabitants of Simfbury that al hogges fhall goe this year (88) without yokes and wringes."
Ten years and more passed without further public Com- plaint, but there was dissatisfaction. In 1703, at a town meet- ing held February 7th, imitating the example set by some of the Weataug men, before mentioned, six of the Hopmeadow men revolted, headed by Thomas Barber, and under their hands, expressed their dissatisfaction with the existing mode, and gave "notice to all and every person concerned in this common field ypon ye river here in Simsbury: that we do wholilly declin from this common way of fenceing and lying in Common. with other parts of sd field - as we hitherto have done. and do defire to lay our land in hope Meadow in a particular field. and pray our neighbours for to fence. and Secure their own lands, for the preservation of their yearly Crops: and to take notice. of this our purpofe and refolution
S. T. R. B. I. P. 69
S. T. R. B. I. P. 62
S. T. R. B. 212 P. 68 (Back of Book)
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to lye in and fo to provide for the fecuring of their Lands Entrd 8th of April 1704 - the above fed published in a town Meeting feb 7th 1703-4 - The above fd acted by us Tho = Barber Sen™ Andrew Robe John Slater Sen™
Peter Buell
Robert Hofkins William Gillit."
This was followed in April of the same year by a mutual engagement signed and published by all the inhabitants of Hopmeadow, by which they set up and established a common field by themselves, extending from the road which crosses the river at Hop-brook, on the South, to the "Dugway," on the North.
It was agreed "that the lyne where this fence shall goe. for this prefent year fhall be on the Weft fide at the front of the home Lotts and afterwards the Meadow fence fhall be at the Reer of fd Home Lotts." Each person was to fence "the Front and Reer of his lot." The agreement was to con- tinue in force seven years. It was signed by all the land holders in Hopmeadow at that time.
But troubles and vexations continued as long as the common field system continued.
106
S. T. R. B. 212 P. 67 (Back of Book)
FIRST CHURCH BUILDING . 1683
XIII
Patent of Simsbury
By an Order of the General Court, passed at its May session in 1685, every township in the Colony was required to take out a Patent for the lands of such township. The reason set forth for the passage of this act was, "for the prevention of future trouble, and that every township's grants of land as it hath been obteyned by gift, purchass or otherwayes, of the natives and grant of this Court, may be settled upon them, their heires, successors and assignes for ever." Ac- cordingly, upon the application of the inhabitants of Simsbury a Patent was issued in these words:
"Whereas the Generall Court of Connecticutt have for- merly Granted unto the proprietors, Inhabitants of Simsbury all those lands both Meadowes and upland within thefe abuttments. upon Farmington Bounds, on the South and to Runne eaft and weft Ten Miles and from the South Bound north Ten Miles and abutts on the wilderneff on the north and on the Wilderneff on the Weft and on Windfor Bounds on the eaft: The whole Tract being Tenn Miles square. the said lands and premifes haveing ben by purchas or otherwife Lawfully obteyned of Indian Native proprietors and by the proprietors, Inhabitants of Simsbury aforesaid and whereas the Inhabitants of Simsbury, in the collony of Connecticut in Newengland have made application to the Governor & Company of the said Collony of Connecticutt affembled in Court the Fourteenth of May 1685 that they may have a patent for Confirmation of the aforesaid lands to them so pur-
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Col. Rec. Vol. III P. 177
T. R. Red Book Pp. 8-9
1685
chafed and Granted to them as aforefayd. & which they have ftood seized & quietly poffeffed of for Som yeares past: without Interruption. Now for a more full Confirmation. of the aforesayd Tracte of Land as it is Butted and Bounded as aforefayd tracts of Land as it is Butted and Bounded as afore- fayed unto the prefent proprietors of the sayd Township of Simsbury. Know ye that the sayd Governor and Company affembled: In Generall Court according to the Commiffion. & by vertue of the power Granted to them. by our late Sover- eigne lord King charles the Second of bleffed Memorie in his late patent Beareing Date the 23 day of Aprill in the Four- teenth year of his sayd Majifties Reigne hath Given and Granted. & by thefe Prefents do give Grant Ratifie and Confirme vnto Major John Tallcott Captain Benjamin New- bery Ensign John Terry Mr John Cafe Mr Jofhua Holcomb Mr Samuell Willcoxsun Mr John Higley Mr Thomas Barber: and unto the reft of the prefent proprietors of the Township of Simsbury and their Heyrs and affigns for ever and to ech of them in such proportion as they have already agreed upon for the divifion of the Same: all that aforesayd Tract and Percells of Land as it is butted and Bounded. together with all the woodes vplands, earable Lands Meadows pastures ponds waters rivers Islands Fishings Huntings Fowleings Mines Mineralls Quarries, & precious stones vpon or within ye sayd Tract of Land with all other profits and Commodities there- unto belonging or in any wife appertayning = And do alfo Grant unto the a Forenamed Major John Talcott Captain Benjamin Newbery Enfign John Terry Mr John Cafe, Mr. John Higley Mr. Jofhua Holcomb Mr. Samuell Willcoxsun Mr. Thomas Barber and the reft of the prefent proprietors Inhabitants of Simsbury their Heyrs and affignes for ever. that the Foresayd Tract of Lands shall be forever hereafter deemed reputed and be an Intire Township of it felfe. to have and to hold the sayd Tracts of Land and premifes. with all and fingular their appurtinances together with the priviledges immunities and Franchises herein given and Granted to the Sayd Major John Talcott Capt Benjamin Newbery Enfign John Terry Mr John Higley Mr John Case Mr Joshua Holcomb
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Mr Sam11 Wilcoxfun Mr Thomas barber and other the prefent proprietors inhabitants of Simsbury. their Heyrs & afsigns forever. and to the only proper Vfe and Behoofe of the Sayd Major John Talcott Capt Benjamin Newbery Ensign John Terry Mr John Higley Mr John Cafe Mr Joshua Holcomb Mr Sam11 Wilcoxsun Mr Thomas Barber & other the prefent proprietors Inhabitants of Simsbury; their Heyrs and assignes for ever. According to the Tenor of his Majisties Manor of Eaft Greenwich in the County of Kent in the Kingdom of England in free and Common Soccage & not in Capittee nor by Knight service they yeilding and paying therefore to our Sovereign Lord the King his Heyers and succeffours only the fifth part of all the oare of gold and Silver which from time to time and at all times here after, shall be gotten there. had or obteyned in leiue of all rents, services, deuties or de- mands whatsoever according to Charter:
in Witneffe whereof we have caufed the Seale of the Collony to be hereunto affixed this eleventh day of Merch one thoufand six hundred eighty five six and in the Second year of the reigne of our Sovereign Lord James the Second by the grace of God of England, Scotland France and Ireland. King defender of the Faith.
Robert Treat Governor
pr Order of the Gener11 Court of Conecticut figned pr John Allyn Secretary."
This was afterwards changed to the following: "Per Order of the Govern" and company of the collony of connecticut Signed by - John Allyn Secretary."
SKETCH OF THE PATENTEES
The original Patentees of Simsbury, as appears by the Patent, were Major John Talcott, Capt. Benjamin Newbery, Ensign John Terry, Mr. John Case, Mr. Joshua Holcomb, Mr. Samuel Wilcoxsun, Mr. John Higley, and Mr. Thomas Barber. Major Talcott and Capt. Newbery never resided in the town, but owing to their position, as proprietors and
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patentees, they always took a deep interest in the manage- ment of its affairs.
I. Major Talcott was one of the leading men of the Colony, being prominent both in civil and military stations. He was ever a reliable and trusty friend of Simsbury. In times of difficulty with the aborigines, or of contentions among the inhabitants, he was always relied upon as their counsellor and advisor. "The Worshipful Major", ever commanded the highest respect of his contemporary inhabitants of the town, who from time to time granted him large tracts of land. One extensive grant was on the eastern slope of the mountain situate north of the Weataug road leading to Hartford. The particular part of the mountain thus granted was called "Talcott's Mountain", which name was afterwards applied to the whole range. As before-mentioned, for his services in securing the title to the lands in Massaco he received 300 acres at "Cherry's Brook."
2. Capt. Benjamin Newbery, though one of the Patentees of Simsbury, was a resident of Windsor, to which town Massaco was considered as belonging as an "Appendix". He came from Dorchester with the early emigration from Massachusetts and settled in Windsor where he became a prominent citizen and took an honorable position among the first settlers of the Connecticut Colony.
In 1663, Capt. Newbery was associated with Messrs. Edward Griswold and Deacon John More, a Committee ap- pointed by the General Court, "to lay out all those lands that are yet undivided at Massaco, to such inhabitants of Windsor as desire and need it."
A grant of land had been made to him in 1661, by a former Committee, lying on the west side of the river, above "the Falls", which bore the name of "Newbery's Plain." This was conveyed after the death of Capt. Newbery in 1692, to Jonas Westover, and the name changed to "Westover's Plain;" which name, with the School District in which it is situated, it still bears. (Changed to Hoskins since the above was written by Mr. Barber).
In 1668 Capt. Newbery, with Deacon John More and Mr.
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Simon Wolcott, was appointed and authorized by the General Court "to further the planting, and well ordering of the planta- tion of Massaco."
This Commission made a distribution and allotment of the lands to the early settlers in the different parts of the plantation, preparatory to its becoming a town.
Capt. Newbery was for many years active and efficient in the public affairs of the Colony, and held the office of "Com- missioner" for Windsor and Simsbury.
3. Ensign John Terry was the son of Stephen Terry. He was born March 6th, 1637, and resided in Windsor till 1677. In that year he purchased of Joseph Parsons the "Cook farm" situated in the bend of the river on the east side, op- posite the "Dug-way." This was the first farm settled and im- proved in Massaco. There is a tradition that John Terry was the first town Clerk of Simsbury, but this could not have been true. The town was organized in 1670, and of course, its clerk chosen at that time. In the Deed from Parsons to John Terry, he is described as "of Windsor." This deed is dated Dec. 1677. He did not come to Simsbury till after the burning of the town in 1676. His name first appears on the town records in 1678, in connection with those of Thomas Barber and others, in a proposition to build a grist mill and a saw mill on Hop brook.
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