USA > Connecticut > Middlesex County > Durham > History of Durham, Connecticut, from the first grant of land in 1662 to 1866 > Part 2
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THE PETITION GRANTED.
This petition was granted. A committee appointed by the General Court made their report, November, 1699, "that they had laid out a Town plat in the south part of Coginchaug, bounded north by Caleb Seaward's land, east by John Stone's land, south by Abraham Pierson's land, and west by the Guilford Farms." The Committee that laid out the first Town plat, Nov. 1699, were Nathaniel White, Thomas Yale, John Griswold, and Daniel Brainard. This Town plat was evidently laid out under the Guilford influence. Another committee was appointed by the General Court, May 13th, 1703, namely Mr. John Griswold, Mr. Caleb Stanley and Mr. John Hooker, to act with the in- habitants of Coginchaug. These laid out a new Town plat, evidently under the Hartford influence, where the town was after- wards built. Asa motive to induce settlers to come in, it was, at the advice of this General Court, agreed by the owners of the farms already granted, that they would surrender a "fourth part of their lands," so that such persons as should come in to settle as inhabitants, should have a common right to all the undivided and ungranted land and to the fourth part thus surrendered. This arrangement was a wise one, and proved to be satisfactory to immigrants, as it was likewise to the owners of the farms.
CHANGE OF TOWN PLAT.
The Committee who laid out the second Town plat, performed their duties judiciously. The old plat was given up by Legis- lative enactment for the new one. The ground on which the new Town plat was laid, was admirably adapted to the purpose. It was a ridge of land running North and South, a mile and a
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HISTORY OF DURHAM.
half in length, sloping off towards the East and the West. On the summit of this ridge running North and South, a street was laid out by the Committee, eight rods wide, as stated in the Town Records, reaching from the Wadsworth place on the South, to the Swathel place on the North, called the " Broad street" and the "Great street." Parallel to this, at a suitable distance, was laid out another street of the same length, as it appears, six rods or more wide, which has been called the "Back lane." East of the Broad street, and parallel with it, at a suitable distance, a third street was laid out, now known as "Brick lane," or "Cherry lane ;" it was of the same length as the Broad street, but what was the original width of it, does not appear. Other streets were also laid out; near the Wadsworth place, opposite the Green, at the Quarry, at Simeon S. Scranton's, and at the site of the North School House. The street past the house now known as having belonged to Dennis Camp, was substituted for the street laid out by the Committee past Francis Hubbard's house. Many years subsequently to the laying out of the Town plat, a narrow street was laid out by the town from the | Broad Street to Crooked lane, so called, after much delay and opposition. The breadth of these cross streets appears to have been something like five rods. I have not been able to find the exact width put down in the record. The proprietors or the Town seem in some cases to have used their discretionary power as to adhering to the action of the Legislative committee. Individuals have also encroached on these streets, thus sacrific- ing the rights of the town to their own interests.
DOINGS OF THE GENERAL COURT RESPECTING THE TOWN PLAT.
"It is agreed by the proprietors and owners of ye farms, granted by the General Assembly at Coginchaug, that each pro- prietor or owner, shall lay out of the two ranges of Farms, such a part of their respective proprieties on that side of their res- pective farms which adjoined Mr. Talcott's land, as shall be judged sufficient for a good Town plat, and that house lots shall be laid out in the said Town plat for a convenient number of in- habitants, and a reasonable value to recompense for the first cost of the said land and laying the same out, shall be set upon each of
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TERRITORY.
said lots, which each inhabitant that takes up a lot there, shall pay to the proprietors, and the money so received be divided among the respective proprietors, according to the number of lots which each of them shall so throw up to make the Town plat ; wherefore the proprietors or owners of the said ranges of farms, who, for the settlement of a plantation at the said Cogin- chaug, have relinquished and thrown up a proportion of their lands, in the only convenient place there for a settlement of in- habitants, do pray this Honorable Court that whereas in March, 1700, the Assembly did grant that a township should be laid out at Coginchaug, whereupon a Town plat hath been laid out in such a place, of the said Township, as cannot receive many, or en- courage any inhabitants who are to settle there; so that the land thereabouts is like to lay waste and unimproved ; this As- sembly would now grant that the Town plat should be removed from ye sd place, where it hath been and is laid out and car- ried to ye place so set apart by the proprietors for the sd use ; which all persons that have viewed the sd lands consider as the only convenient place for erecting houses and settling inhabi- tants, and may be the means of procuring a flourishing planta- tion there in a short time."
Passed in the upper House.
E. KIMBERLEY, Secretary.
Passed in the lower House, May 22d, 1703, provided the land be sold at a reasonable price."
ELEAZAR STENT, Secretary.
THE NAME CHANGED.
" At a Court of Election holden at Hartford, May 11th, 1704. This Court grants the petition of Mr. Samuel Russell, Mr. Gur- don Saltonstall, Mr. James Steel, Mr. Benjamin Talcott, Mr. Nathaniel Talcott, and the rest of the proprietors of the farms of Cocinchauge, concerning the settlements of the said Cocin- chauge, they laying down the one fourth part of their several farms for the better accommodation of inhabitants to be re- ceived there, which quarter part, together with such common land there that hath not already been granted away by the General Court, shall be laid out by the said farmers as a com-
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HISTORY OF DURHAM.
mittee in house lots, and other allotments to such persons as shall offer themselves for inhabitants there, and are qualified for inhabitants according to law, which plantation shall be called by the name of Durham, and have this figure for a brand for their horse kind, viz: D -. And whereas, the town of Killing- worth have formerly had a grant of land within the bounds of Cockinchauge, it is ordered that if they will lay down a quarter part thereof for the accommodation of the plantation as the above farmers do, then they shall have liberty to appoint a pro- portionable number of themselves to be joined with the Commit- tee of Farmers for the laying out and disposing of the land to inhabitants as is before expressed."
The town of Killingworth preferred another arrangement to the one here offered by the General Court.
" A court of election held at Hartford, May 11th, 1704. Ordered and enacted by this Court that the Farmers or proprie- tors at Caukinchauge, viz: those proprietors on the east side do run their lines and mark their bounds within one year, and give notice to their adjoining Neighbors, but that if they do not so bound their farms, that then the surveyor of the County of Hartford shall measure and bound said farms upon the charge of the proprietors."
" At a General Court held at Hartford, May ye 13th, 1708. This Assembly doth grant unto Mr. Hezekiah Talcott, Joseph Seaward, Caleb Seaward, David Robinson, John Sutliff, Sam- uel Fairchilde, and James Wadsworth together with ye rest of ye inhabitantes and Proprietors in the Township of Durham, except- ing the town of Killingworth, or any Proprietors of Land in Durham, yt are Inhabetantes of Killingworth, and concerned in ye Agreement heareafter mentioned, their Heires, suckcessors and As- signees, that Tract of land lying and being between ye township of Middletown and ye townshipes of Guilford and Killingworth, and ye Township of Haddam and ye Township of Wallingford ye said Tractof Land being bounded as followeth : to ye east or castwardly by ye Township of Haddam aforesd ; to ye west or westwardly by ye township of Wallingford aforesd ; to ye north or north wardly
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TERRITORY.
by ye Township of Middletown aforesd; to ye South or south- wardly by ye Townshipes of Guilford and Killingworth together with all and singular Rights, Preveledges, Profites, Members and Timber, Timber Trees, Wood, underwood, Mines, Mineralls (reserving only ye fifth Part of ye Silver and Gold Oare to her Majestye) Stones, Quarries, Water, Water Courses, and all other Apurtenances thereon or thereunto belonging, or in any wise thereunto apurtaining, be by ye major Part of ye sd inhabitantes and proprietors, (excepting as above excepted) granted and dis- posed of, not prejudising former Grantes of Farmes unto pertec- ular Persons (particularly not to prejudis ye farmes formerly layde out unto Mr. Samuel Willyes, Esqr., Mr Samuel Talcott and Mr. John Whiting, as they were lately survayed anew by Wil- lyam Tomson, surveyer of ye County of New Haven, Octobr ye 17th, 1704 which sd Farmes are heareby saved to ye sd oregenall Grantees or thos yt now clayme under them) all ye Owners of ye aforementioned Farmes within ye Township to allow necessary Highways through sd Farmes, also not prejudising Artecles of an agreement made and concluded Janewary ye 29th, 1707-8 by Cometes impowered by sd Townes of Killingworth and Dur- ham. And also this Assembly doth grant unto ye sd in- habitantes, viz: unto thos of them which are or hereafter shall be quallefied ackording to law annually, (being regularly called together) ye liberty of chuseing their own ordenary offesers as fully and amplely as any Town in this Collony of Conecticut and ye sd Offesers being so chosen and quallefyed acording to Law, shall have power to act (within their own precenets,) as fully and amplely as Offesers in any Town in this Colony. And this Assembly doth also order yt ye above sd Persones shall for themselves and ye rest of ye Inhabitantes in ye sd Township of Durham their heirs, suek- sessors and Assignes as above sd, shall have a Pattent for ye more full and ample Confermation of ye sd Tract of Land, together with all and singular ye Rightes and Preveledges thereon, or thereunto belonging as above is mentioned, the sd Pattent to be signed by ye Honerable ye Governer and Secretary in ye name and Be- half of ye Governer and Company.
A Trew copie of ye Act of ye Generll Assembly of May ye 13th, 1708, conserning ye Town of Durham acording to ye import thereof.
TST. ELEAZAR KIMBERLY, Secretary.
3
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HISTORY OF DURHAM.
DURHAM PATENT.
"To ALL PEOPLE unto whom this present Act and Deed shall come, Greeting: WHEREAS, by letters patents from his late Majesty King Charles the second, under the Great Scal of England, bearing date at Westminster, in the fourteenth year of his Reign, his said Majesty was pleased upon diverse good considirations therein mentioned to give and grant for himself, his Heirs and Successors to John Winthrop, Esq., and several others his loving Subjects in the said Letters patent named and and incorporated by the Name of Governor and Company of the English Colony of Connecticut in America their Successors, and assigns forever all that part of his Dominion, contained, compre- hended, and being within certain limitts sett and fixed for the Bounds and Extent of the said Colony of Connecticut, with all firm Lands, Soyles, Havens, Ports, Rivers, Waters, Mines, Mine- rals, fishings, precious Stones, Quarries, and all singular other Commodities, Jurisdictions, Royalties, Priviledges and prelimina- ries, Franchises and Hereditaments whatsoever within the Tract of Land, Islands and Bounds of the said Colony.
To HAVE AND TO HOLD unto the said Governor and Com- pany their Heirs and Successors, and assigns forever in Trust and for the use of themselves and their associates the freemen of the said Colony their Heirs and Assigns forever to be holden of his said Majesty, his Heirs and Successors in free and Common Soccage, &c., reserving only the payment of One fifth part of all the Gold and Silver Oar, &c., which shall happen to be found- had, gotten &c., unto his said Majesty his Heirs and Successors ; as in and by the said Letters Patent, Relation being thereto had, doth and will more fully appear. AND WHEREAS, the proprie- tors, Inhabitants of the Town of Durham within the said Colo- ny, Have granted unto them by the Governor and Company in General Court assembled, May 13th, 1708, all that tract of Land, both upland and meadow Grounds and Soiles, with the members and Appurtenances thereof called and known by the NAME OF DURHAM, which said Tract of Land is butted and bounded as followeth, viz: East or Eastwardly by the Township of Haddam ; West or Westwardly by the Township of Walling- ford; North or Northwardly by the Township of Middletown ;
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TERRITORY.
South or Southwardly by the Townships of Guilford and Killing- worth. AND WHEREAS they having for some years past stood quietly and peaceably possessed thereof, and the same now being in their lawfull peaceable and Quiet, Seizen and Possession, and now applying themselves to the Governor and Company afore- said in General Court assembled for a more full Confirmation by Patent Deed or Conveyance according to Law. KNOW, THERE- FORE, All Men that for further and full Confirmation and sure making of all the aforesd Tract of Land, granted at aforesaid, with all the Rights, Members and Appurtenances thereof and the improvements made thereupon, and that the same be held by the Grantees hereafter mentioned, according to the true Im- port and intent of the aforesaid Letters Patent from his Majesty King Charles the second. We the said Governor and Company of the aforesaid English Colony of Connecticut, in New Eng- land in America, being now assembled in General Court, in dis- charge of our Trust and by Vertue of the Power derived to us in and by the said Letters Patent, have Given, Granted, Con- veyed, Confirmed, Enfeofed and firmly made over, and do by these Presents for Ourselves our Heirs and Successors fully and absolutely give, Grant and Convey, Enfeof, Rattifie, Confirm and make over unto Mr. Hezekiah Talcot, Joseph Seward, Caleb Seward, Mr. David Robinson, John Sutliff, Samuel Fair- child and James Wadsworth and all others the present proprietors and inhabetants of Durham aforesaid, (excepting the town of Killingworth or any Proprietor of Land, in Durham that are In- habitants of Killingworth, and are concerned in the agreements made Janry the 29th, 1707-8, between the Towns of Killing- worth and Durham) their Heirs and Assigns forever.
All the afore mentioned Tracts of Land, both Upland and Meadow Grounds and Soiles whatsoever contained within the Limitts and Boundaries above expressed to be by a major Part of of the Proprietors and Inhabitants disposed off, not prejudceing former Grants of Farms nor Articles of Agreements as afore- mentioned, made January 29th, 1707-8, (being fully Expressed and Limitted unto the said Proprietors and Inhabitants by the aforementioned General Court,) and now in their Actual and peaceable possession called and known by the Name of Durham with all the Wood and underwoods, Commons, Pastures, Herbage
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HISTORY OF DURHAM.
Feeding, Stones, Rivers, Rivuletts, Ponds, Waters, precious Stones, Quarries, Emoluments, Commodities, Heredetaments, Priviledges and appurtenances thereto belonging or any wise ap- pertaining and therewith Used, Occupied and enjoyed also all the Estate, Right, Title, Interests, Claim or Demand which We the said Governor and Company by Vertue of the aforesd Letters Patent ever have have had, or which we our Heirs and Success- ors can or might Have or Challenge in time to Come of in or to the said Land and premises or to any part or parcell thereof, or the Housing, Buildings and Appurtenances thereof.
To HAVE AND TO HOLD all the above granted Premeses to the said Hezekiah Talcott, Joseph Seward, Caleb Seward, David Robinson, John Sutliff, Samuel Fairchild and James Wads- worth and to the rest of the Proprietors and Inhabitants of Dur- ham aforesaid, (except what is above Excepted) their Heirs and Assigns, or others lawfully Deriving from them, forever to be holden in free and Common Soccage, and not in Capita nor by Knight Service, rendering and paying unto our Sovereign Lady the Qeen, her Heirs and Successors, one fifth part of all Gold and Silver Oar, which shall be there had or gotten in any part thereof, in Lieu of all Rents, Services and Demands whatsoever.
IN WITNESS whereof, We, the said Governor and Company, have caused the Seal of the Colony to be hereunto affixed the Twenty and first Day of May in the seventh Year of the Reign of Our Sovereign Lady ANN of Great Britain and Ireland's Queen, Anno Dom. 1708.
G. SALTONSTALL, Governor.
By order of the Honble the Governor and General Assem- bly.
ELEAZAR KIMBERLY, Secretary.
We can easily understand with what exultation the inhabi- tants of Durham received this patent from the Governor. They were now a Town in the full sense of the word. They now had the right to discuss in Town meetings all matters of public interest, to enroll all the able bodied men in the militia, to raise money to support the ministry, and schools and highways and the poor; to elect and instruct their representatives. They had now all the rights of the other Towns of the State, greater rights
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TERRITORY.
than the Towns of England. The township was a territorial parish ; the town was the religious congregation ; the independ- ent church was established by law ; the minister was elected by the people, who annually made grants for his support. See Bancroft's History, Vol. IV., p. 149.
THE PATENTEES OR PROPRIETORS.
At the time the patent was issued, the number of adults males, was thirty-four, most of them heads of families. Their names were Caleb Seaward, John Seaward, Joseph Seaward, David Robinson, and Joel Parmelee, from Guilford ; the Rev. Nathaniel Chauncey, Isaac Chauncey, Robert Coe, Joseph Coe, Samuel Fairchild, James Curtis, Ezekiel Hawley and Benjamin Baldwin, from Stratford; Richard Beach and Benjamin Beach, supposed to have been from the same place; James Baldwin, Samuel Camp, William Roberts, Samuel Sanford and Thomas Wheeler, from Milford; Joseph Gaylord, Joseph Gaylord, Jr., John Gaylord, Joseph Hickox and Stephen Hickox, from Water- bury ; Joseph Norton and Samuel Norton, from Saybrook ; John Sutliff and Nathaniel Sutliff, from Deerfield; James Wadsworth from Farmington ; Jonathan Wells, from Hatfield; Henry Crane, from Killingworth ; Hezekiah Taleott, from Hartford; and Eze- kiel Buck, from Weathersfield. These were regarded as original proprietors.
They were joined by John Norton, from Saybrook ; by the An- cestors of the Lymans, Parsons, and Strongs, from Northampton ; of the Newtons, Guernseys, Tibbalses, Merwins and Canfields from Milford; of the Pickets, from Stratford; of the Bateses, from Haddam; and of the Hulls from Killingworth ; and of the Fowlers from Guilford. In later periods, families have settled in the Town by the name of Hall, Hart, Bishop, Scranton, Chedsey, from Guilford; of Smith and Johnson from Middle- town, of Chalker and Loveland from Saybrook, and of Butler from Branford. The first white child born in the Town was Ephraim Seaward, son of Caleb Seaward, the first settler, who lived just north of where George Atwell now lives. He was born Aug. 6, 1700; and died in 1780. In 1756 there were 799 in- habitants, exclusive of Haddam quarter, in which there may have been 100 or 150 more. In 1776 there was 1076. 1n 1840 -1095. In 1860-1131.
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HISTORY OF DURHAM.
THE FIRST TOWN MEETING HELD AT DURHAM.
" Dec. 24th, 1706. Mr. Nathaniel Sutliff was chosen Constable for the Town of Durham for ye year ensuing. Caleb Seaward was chosen Towne Clerke for ye Town of Durham.
At ye same meeting Joseph Seward, Joseph Gailord, and Samuel Fairchild were chosen Selectmen for ye year ensuing.
Thomas Wheeler and Joseph Hickox were at ye same meeting chosen Surveyors of Highways for ye year ensuing, also Samuel Sanford and Joel Parmalee were chosen Fence Viewers for ye year ensuing.
At ye same meeting Joseph Seward and Robert Coe were chosen listers for ye year ensuing.
At ye same meeting Caleb Seward was chosen Collector for ye year ensuing. Also John Sutlief was at ye same meeting chosen Culler for ye year ensuing for the town of Durham.
At the same meeting it was voted, that the place for ye Town Pound shall be for ye time being between Nathaniel Sutliff and John Sutliff on ye east side of the street.
At ye same meeting ye desire of the town was voted for the town of Durham to be annexed to ye County of New Haven."
This first town meeting was held before the patent was issued or any act of incorporation was passed by the General Assembly, but not before that Assembly had acted so far as to afford evi- dence that a patent would be granted. The settlers were in haste to become a town, but they acted with due submission to the Assembly.
" At a Town meeting April 7, 1707. The town by voate de- clare their minds that they would have, and by this vote ein- power ye Selectmen, by themselves, or by an atturney em- powered by them, to make application to the General Assembly in May next, that the sd General Assembly would decide to settle ye bounds between ye Town of Kenelworth, and the Town of Durham, and explain the meaning of the elause, [up to Coginchaug swamp] which clause is in a former and additional grant to Kenelworth aforesaid, and under color of which grant they do pretend to the land within the Township of Durham."
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TERRITORY.
" At the same meeting James Wadsworth was appointed to prefer this application on behalf of the Town of Durham to the General Assembly in their session in Hartford in May next."
Thus Durham at the very first and before being incorporated found itself involved in a dispute with Kennelworth as to territorial boundary. The above vote was a very judicious one; Kennelworth acted liberally, and the Assembly very proper- ly returned to Durham what had been taken from Coginchaug. When the annexation of Haddam Quarter was pending, Dur- ham, by a vote in Town meeting, refused to make application to the Assembly that the transfer from Haddam should be made. In the first case Durham stood upon its rights ; in the other it respected the rights of Haddam.
LANDS GRANTED FOR PUBLIC USES.
"At a town meeting, Feb. 16, 1707. The Town by vote doth grant two allotments, in every division of land herein granted, for the encouragement of the ministry ; and one of said allotments the town by vote doth grant unto the minister and his heirs forever who shall here be settled in the gospel ministry ; and the other allotment to be and remain for the support of the ministry in the Town of Durham forever, but only with that proviso, that if there should be not, or so often as there should be no orthodox dispenser of the word resident here, that doth publicly dispense the same here in this Town, that then the whole profit of said allotment shall be unto the town, and is hereby reserved for the Town." The condition of grant was that the land should " remain," and that the "profit" only should be unto the Town, if there should be and so often as there should be no "orthodox dispenser of the word resident here." Under this vote, and as a gift from the proprietors, to the Town, as many as five pieces of land were allotted to the support of the ministry forever.
As many as five pieces of land were allotted by the proprie- tors to the Town, and by the Town given to Mr. Chauncey, the first minister, and his heirs forever.
Lands were granted by the proprietors for a burying ground between the Broad street and the Back lane, reaching from a certain point on the north to Allyn's brook on the south. South of this end of Allyn's brook, and of the same width between
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HISTORY OF DURHAM.
the two streets, land was granted to the first minister to belong to him and his heirs. Four other pieces of land were allotted to him. Land was also granted south of the ministers' lot, and of the same width between the same streets, reaching to Samuel Camp's land, now Mr. Canfield's land, for a public green, des- cribed in the language of the proprietors' clerk as the "Meeting house place."
The gift of five pieces of land to Mr. Chauncey, the first Minister, on condition that he should continue as their minister, was in accordance with the primitive practice of the congrega- tion of Connecticut to give land or money, or other property, to a minister as his "settlement." This "settlement " is based on the idea that the minister should stay where he is ordained, not that he alights there for a temporary resting place. A "settle- ment" thus served to bind the contract, as earnest money does other contracts.
When my minister in my youth, the Rev. John Elliott of Madison, sitting with the Committee of the parish at a table in negotiating terms of his settlement, accepted of the terms they offered-"It is done," said he bringing his hand down on the table, "I will live with you and die with you, and lay my bones with you." His bones lie in the grave yard there with the bones of his people. A "settlement " indicated a union for life between a minister and his people, almost as sacred as the marriage union.
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