USA > Connecticut > Windham County > History of Windham County, Connecticut. Volume I, 1600-1760 > Part 15
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XIX.
QUINEBAUG LAND SETTLEMENT. VARIOUS IMPROVEMENTS.
W ITH land laid out, a church, minister and meeting-house, Plain- field was far from being settled. The loss of her western territory and the unsettled condition of her various bounds gave her great uneasiness. The original layers-out of the town had failed to complete their work, and none of its boundaries were satisfactorily determined. Though she had freely and voluntarily relinquished to Canterbury the valley south of Peagscomsuck Island, she now fell back from her agreement, and insisted upon the first grant of the General Court, making the Quinebaug the boundary between the towns. Preston encroached much farther on the south than to a cer- tain red oak tree, which should have sufficed her. To make up these
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losses on the south and west, there was still vacant territory on the north and east that might be annexed to her, and to secure this became one of the chief objects of the town. April 27, 1704, being " sensible that they were in great need of enlargement, partly by Preston extend- ing too far north and Canterbury coming upon us on the west side," the town voted to petition for enlargement-" William Marsh to go with petition and discourse with the honored governor as to en- largement and do with him as far as he can, as he may find it needful on ye town's behalf." Major Fitch was desired "to join with them concerning Preston as upon choice he did formerly with Thomas Williams." As the result of this action, the General Court, May 10, 1705, received the following petition :-
" Whereas, the honorable Court has been pleased to permit ye inhabitants east of the Quinebaug to be distinct and a town by ourselves, the breadth whereof at the south end doth not exceed six miles east from said Quinebang, if said river be continued as our west border, which we do not doubt seeing ye honorable Court has been pleased so to state it, in May, this time two years past, for we do look upon it, yt ve grants of our Hon. Court are like ye laws of the Medes and Persians, unalterable, and we dare not entertain such diminutive thoughts of our Honorable Rulers, yt they will act like children to grant a thing one Court and yn to take it away ye next (if they were able). And as for the breadth of our town at the north end it doth not exceed two and three-quarter miles, which we verily persuade ourselves this Hon. Court will not determine a sufficiency for us, whereby we may be able to bear a part to all public charges which will be needful, especially, inasmuch as it is with the Hon. Court to grant us a further enlargement without any real prejudice to any grant or plantation yt already is or may hereafter be granted; therefore beg you to grant yt our bounds may extend east to ye dividing line between Rhode Island and ys Colony, which is esteemed three miles or less from our present east bounds, and but a small part of it good for improvement, generally a barren pine land; also, pray to be enlarged three miles north, and then hope, by the blessing of God, as we are always willing so we shall be able, to maintain public charges in church and commonwealth -- but if the Court think our request too much, though we are fully satisfied they would not if acquainted with our cirenmstances, we will leave it to your Honors to grant what they make think convenient, so as to maintain necessary charges as becomes Christians, and humbly pray that bounds east and northi may be settled according to law, and Preston bounds likewise settled and bounds next to river further confirmed, and oblige your poor petitioners-
Stephen Hall. James Deane.
Nathaniel Jewell. Benjamin Palmer. William Marsh."
No action is reported upon this petition, nor upon another the following year asking for a new survey of the Preston bound.
While thus negotiating for enlargement, the town continued her dis- tribution of present possessions. In February, 1705, a committee was appointed "to finish the laying out the divisons of meadows-i. e., five and one-fourth acres to each inhabitant, and those that have not had their part to make their pitch and present it to the committee." It was also voted, " That all the land in Plainfield without the General Field to be laid out into five equal parts-Stephen Hall, Joshua Whitney, John Smith, William Marsh and Joseph Parkhurst a committee to do
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it." A committee was also chosen to lay out leading ways into the General Field and a way to Canterbury. A mill had been some time in operation on Mill Brook, and a cart-bridge over it, and now the high- way leading to it was turned eastward "to miss the two flows and with as much conveniency as may be, lead to the north part of Plain- field." A highway, six rods wide, was laid out from Preston line to the extent of the north bounds of the town, with two crossings at Moosup's River for publie convenience. Connecting with this road was a highway through the General Field, between John Spalding's and Thomas Pierce's, and "so over the brook on the west side of Moosup's Hill to Moosup's River and so down the river." A corn-mill, set up on this river by Isaac Wheeler, in 1705 or 1706, making it needful for the town to have a common way thither, " Deacon Warren was appointed to act in that affair; where it may be most beneficial and convenient for the town and least prejudicial to any particular person." A road was laid out by the inhabitants of Moosup for their own convenience, from the north bound of the town to this mill, "beginning north side of Joseph Parkhurst's house, and thence by trees marked to the east of Isaac Shepard's house, and so east by Sergeant Howe's house, through Isaac and Ephraim Wheeler's lot to Moosup's River." The proper care and culture of the public cornfield called for frequent enact- ments, and in April, 1706, the town voted, " That there shall no cows, cattle or horses be suffered to go in the General Field, at liberty, from the first of April to the fourth of October, upon the penalty of six- pence a head, and if any cattle go upon the grain, the owners to pay five-pence per head to the owners of the grain as they shall be found in."
As the title to the lands of Plainfield was still unsettled and fresh law-suits and contentions constantly arising, another attempt was made in 1706, to settle the unhappy differences between the Honorable Governor and Major James Fitch, and six competent gentlemen were commissioned by the General Court to repair to the place of difference and there to inform themselves of the true state of that matter, medi- ate between the parties and endeavor an amicable compromise ; with sufficient power to search records and examine evidences-while all actions at law depending between the parties were ordered to be sus- pended till after this investigation, when it was hoped that the cause of these actions and suits and of all their troubles and vexations would be brought to a final issue.
In accordance with these instructions, the appointed commissioners- Joseph Curtis, Esq., Rev. James Noyes, Timothy Woodbridge, Captain Abraham Fowler and Captain Matthew Allen proceeded carefully to investigate the Quinebaug land claims, examining the grants and the
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bounds therein specified, and taking testimony from Quinebaugs, Mohegans, Narragansets, Pequots and Nipmucks-the aged John Acquitamog, of Woodstock, testifying that he was present at the time of Winthrop's purchase, and saw the trucking-cloth, red cotton, wam- pum, tobacco-pipes, &c., given by the Governor to Aguntus in payment. The commissioners adjudged that Hyems' deed to Winthrop was defective. " (1.) That it is without any valuable consideration. (2.) With respect unto the uncertain quantity of land therein conveyed, having but one certain boundary, Pawtucket, and one probable bound, a fort on Egunk Hill." They found that the General Court had allowed the Governor's purchase, whichi had its weight; but they also found that Uncas's east bounds, as settled by the General Court's committee, take in the greatest part of the Quinebaug Country and runs to the aforesaid Falls," or Pawtucket, and that the Court had granted leave to dispose of it to Owaneco, and had confirmed his sales of land to Major Fitch and others. With what now appears the vital point of the whole controversy-the right of either Hyems or Uncas to hold or convey the land-the commissioners had no concern, and probably, as at the previous investigation, it was provided that what was done by them " should not confirme. or invalidate the title of any Indian sachem."
Having examined all facts that came within their instructions, the commissioners next endeavored to effect the "amicable compromise," and easily persuaded Governor Winthrop and his brother, who must have seen that their claim was not legally tenable, to renounce their right to the remaining lands at the Quinebaug to the Government of Connecticut, upon condition of receiving each a thousand acres, one in the north part of Plainfield, and the other of Canterbury township. A settlement upon this basis was assented to and concluded, October, 1706, between the Honorable Governor and the Council and Repre- sentatives in the General Court, and the usual legal instruments of quit-claim and confirmation interchanged and recorded. At the same date, upon the request of the proprietors and inhabitants of the town of Plainfield, the Assembly granted them a Patent for confirmation of the lands in their township under the seal of the Colony. This happy termination of their many conflicts and difficulties greatly rejoiced the inhabitants of Plainfield. The bounds of their town were now first laid down and accurately described by Captain John Prents, the surveyor of New London County. The Quinebaug River was made the west bound of the town, and the Preston line settled to present satisfac- tion. The instruments confirming this amicable settlement were received with appropriate formalities. Their old friend, the Rev. Mr. Noyes, was invited "to go to the Governor and take the deed from the Governor
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to the town, in the town's behalf, and to deliver the bill to his Honor the Governor upon his Honor delivering the deed to the person sent by the town." The person sent was William Marsh, who received the deed from Mr. Noyes and presented it to the town authorities. January 1, 1707, it was voted, "That the present town-committee keep the town's Patent until the town orders it otherwise ; " also, " That what the town owes to Mr. Caleb Stanley, Lieutenant Hollister and the County Surveyor for laying out the town and attaining the deed of the Governor and attaining a patent-the town will take care and pay as soon as may be."
This settlement, so satisfactory to the people of Plainfield, gave great offence to Major Fitch and other Quinebaug proprietors and to the inhabitants of Canterbury, who, in May, 1707, most earnestly remonstrated against " a certain pretended patent or deed of settlement of all the lands in Plainfield and part of the lands in Canterbury to a certain number of persons particularly named," which conveyance they declared to be " unjust, unequal, unreasonable and contrary to law, justice and equity :"-
"1. Contrary to the nature of granting townships, namely, to grant to particular men the whole in fee simple, thereby to exclude others coming in- to said towns or the impeopling the place and putting a stop to the increase and growth of the Colony.
2. Patent unjust, in that much of the land granted to your petitioners in Plainfield is comprehended in it.
3. Wrong, erroneous and very unjust, in that it includes several particular men's lands and estates, which they had bought by good purchase of Owaneco.
4. Contains lands that were in controversy.
Finally, we may say that if you do not see cause to vacate said unjust and illegal deed, yt it can in no wise take away the lands of her Majesty's subjects, or those such who have a good and perfect title from a good authority under the Corporation seal, and more than twenty years passed, nor however, will it in law disable this Colony or any authority therein to try any difference about the titles, the whole Colony being bound by warrants in said patent-the land to the grantees and their heirs for ever."
To this violent remonstrance from the irascible Major, was added a request from the selectmen of Canterbury that their bounds might not be altered as established in 1702-3-wherefore, to prevent any trouble or damage to that township or other of its inhabitants, the Assembly declared " the said patent to be void," and ordered "a new patent to be granted according to usual form, if desired. Cost allowed to Canter- bury contra Plainfield is £1. 1s. cash and £2. 4s. 7d. pay."
Whether " desired " or not, the new patent was not made out, and Plainfield continued to hold possession of all the land east of the . Quinebaug, defending herself in actions brought against her by her Canterbury neighbors and ordering a land-rate to pay the executions obtained by them, leaving it to the selectmen to draw on some persons and mitigate the rate of others " as they see cause." The land division
QUINEBAUG LAND SETTLEMENT. 129
ordered two years before was now perfected and distributed-all the land in Plainfield, exclusive of the meadows and General Field being divided into five sections, called "eighths." The first and most south- ernmost included John Gallup, Sen., John Smith, Ebenezer Harris, John Fellows, Peter Crary and son and Ben Adam Gallup. The second eighth-north of and adjoining the first-was taken up by Henry Stevens, Deacon William Douglas, William Gallup, Joseph Coit, Tho. Stevens, Jun., and Samuel Shepard. In the third, northi of the second, were Benj. Palmer, Joshua Whitney, Nathaniel Jewell, Stephen Hall, Thomas Williams, Benjamin Spalding, Sen., Timothy Pierce and Joseph Spalding. The fourth division, abutting south on the third and north on Moosup River, comprised Thomas Stevens, Sen., James Kingsbury, Ed. Yeomans, William Marsh, Jacob Warren, John Spalding, the heirs of Thomas Pierce and Edward Spalding ; " while Matthias Button, Ephraim and Isaac Wheeler, Samuel Howe, James Deane, Joseph Parkhurst and John Yeomans belonged to the fifth eighth, north of Moosup," whose bounds began at the Indian Ford- way and extended west to the Quinebaug. Various meadows, de- signated as Snake, Apple-tree and Half, were laid out in divisions of five and one-fourth acres to each proprietor. Black Hill was also laid out and distributed, with the exception of twelve acres bound over to Thomas Williams and Joshua Whitney, in security for four pounds in money lent to the town. William Green, Robert Williams and Francis Smith were allowed each a hundred acres and house-lot near Egunk Hill, they bearing their proportion of charge for maintaining an ortho- dox ministry and other town charges and paying the town certain specified sums of money. January 2, 1707, it was voted, " That there be forty twelve-acre divisions laid out within the General Field, which is the third twelve-acre division within said field, and also a second division of interval in sixty proportions, each man making his pitch according to his draft." Twenty acres of land were freely granted to Thomas Kingsbury, "providentially cast into Plainfield after long captivity, having lost all that he had by the enemy." Liberty was also given to Indian Thomas "to prepare three acres of land that he had already broken up," and Ephraim Warren was allowed "to enjoy his labor in getting fencing stuff in cedar swamp without molestation from the town." John Fellows was appointed "to have inspection of cedar swamps, and if any one not belonging to the town take timber or rails to seize the same and prosecute on behalf of the town." As Canterbury men continued to appropriate cedar and valley land by virtue of the original compact, a committee of five men was chosen, July 8, 1707, "To consider some way which may be most beneficial
17
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HISTORY OF WINDHAM COUNTY.
to defend the town's rights or for the defence of persons orderly settled in the town."
Now that Plainfield had come into full possession of her territory, she was deemed competent to bear her part of public charges. The list of estates presented in October, 1707, valued them at £1,265; her inhabitants were about fifty. John Fellows was sent as her first repre- sentative to the General Court in May, 1708. Thomas Williams was now lieutenant of her train-band; Timothy Pierce, ensign. October, 1708, her estates were valued at £1,890; her male inhabitants num- bered fifty-five.
Although the inhabitants of Plainfield in their first mutual agree- ment had charged the selectmen to take special care in the matter of schools, no public provision was made for them till December, 1707, when "part of the country land was allowed for the encouragement of a school," and Lieutenant Williams, Joseph Spalding and Deacon Douglas directed "to take care that there be one." A year later, the town voted, "To send to Mr. James Deane to see if we can agree with him to be schoolmaster," who agreed to undertake that office for half a year, " for what the county allows and what parents and masters of children shall agree with me for."
Mr. Coit was married soon after his settlement to Miss Experience Wheeler, of Stonington, and continued to officiate in the pastoral office to general satisfaction. In 1708, a contribution was ordered for him above his salary, " Palmer and Button to see what each will give," and in the following year his salary was "increased to £60, in grain and. provision pay as yearly stated by General Court-those paying money to have one-third abated."
The care of the numerous "ways " about the town involved much charge and labor, and so many complaints were brought that, February, 1707, the town voted, " That if any person complains to the committee for want of a convenient way, the committee taking a view and finding that complaint was made without cause, the person so complaining shall pay the committee for their time." The Quinebaug and Moosup Rivers were still inimical to the peace of the town. The Shepards had control of the best crossing places and used it for their own advantage. Com- plaint being made that Isaac Shepard endeavored to hinder persons passing Moosup River where it was thought to be most convenient, the town appointed a committee "to see where the river might be most conveniently cros't and lay out a convenient by-way across it." Attempts were repeatedly made to bridge the " tedious " and trouble- some Quinebaug. Committees were appointed to discourse with the selectmen of Canterbury concerning the best way or ways for crossing,
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and a bridge was actually accomplished in 1709, probably by private enterprise as no town action is reported.
The increase in the yield of grain making more mills needful, James Hilliard, in 1709, received from the town several acres of land north of Moosup for his encouragement to maintain a sufficient corn-mill, "the grantee, to the best of his endeavor, to maintain a sufficiency of corn- meal for the use of the town." To protect their fields from the depredations of birds it was voted, " That they who bring black-birds' heads to any one of the selectmen shall be allowed by the town one penny a head, provided they be killed before the 15th of May; for a crow, sixpence per head." Any one that killed a rattle-snake and brought the tail with some of the flesh on it, was allowed twopence per tail. Indian Jeremy and his brother David, having killed two wolves, were each allowed ten shillings for encouragement of such work.
Cattle, though not troublesome, required occasional restraint, and a pound was ordered in 1708, "in the senter of the town, near the meeting-house." A rate was levied for "the pound, stox and bords for meeting-house." Money was also given to the selectmen to buy a " book of records, a black staff and waits " for the town. A committee was chosen to discourse with those men who had served as a guard upon the Sabbath and agree with them, and John Deane, their sergeant, was allowed nine pounds of powder out of the town stock for their use.
In 1710, it was voted, "That the present meeting-house be decently finished, by finishing the seats below and sealing also, and also the sealing above and making the galleries and all to be made decent and comfortable to meet in, to attend upon the public worship of God." Every householder in town was required to give to the Widow Samans " one peck of Indian corn a year in consideration for her to sweep the meeting house ; so long as she doth it, the corne to be carried to her." It was also agreed, " That the place which has been for several years improved by the inhabitants for the burial of the dead shall abide and remain for that use," and a committee was chosen "to see and appoint what quantity of land might be needful, and also to stake a convenient way for the inhabitants to go unto the same as they have occasion, and also to appoint a place for the Indians to bury their dead." This Indian Burying Ground, rendered so needful by the rapid decay of the Quinebaugs, was situated in the eastern part of the town, in a place where it is said chiefs and Sagamores and many previous generations of the tribe had been deposited.
As all the available public land was now distributed, such new in- habitants as from time to time appeared purchased their farms and homesteads from previous proprietors. Daniel Lawrence settled south
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HISTORY OF WINDHAM COUNTY. .
of Plainfield village about 1708, and became a prominent public man. Sons of proprietors, as they came to man's estate, were admitted inhabit- ants. In 1709, John Hutchins, Daniel Lawrence, Ephraim Fellows, Ephraim Kingsbury, Benj. Spalding, Jun., Henry Stevens, Jun., Edward Spalding, Jun., and John Hall had liberty to vote for town officers. James Deane still served as town-clerk. Thomas Williams was appointed, in 1700, a Justice of Peace for the County of New London. The representatives serving during this period were John Fellows, Thomas Williams, Joshua Whitney and John Smith. In 1711, Plain- field attained to the dignity of a full train-band, Thomas Williams being confirmed as captain, Timothy Pierce as lieutenant, and William Douglas as ensign, and a rate was ere long ordered to pay for "the cullers and to procure other necessary banners for the company."
A fourth twelve-acre division was laid out in the General Field and " Jots drawn for it" at a public meeting, February 7, 1710 .. A new committee was also chosen to act in fencing this Field, which agreed, " That all the proprietors should maintain their divisions of fence, lots not disposed of done at the town's cost." North proprietors to secure the north and northeast end against ye river from the north- east corner of our General Field to the mouth of Blackwell's Brook ; Benjamin Spalding and all south of him secure to the new bridge, and that part of the fence between Robert Green's and Tracy's ; proprietors south of the new bridge secure that part of the field from Major Fitch's Neck to Norwich line."
The public travel through Plainfield had now become very great, so that the governments of both Connecticut and Rhode Island were constrained to provide for its better accommodation. In 1711, the General Assembly of Rhode Island ordered, " That a highway should be laid out from Providence through Providence, Warwick and West Greenwich to Plainfield." Representations were made to the General Assembly of Connecticut, that travelers from the westward to Boston and Providence met with great difficulty, and were exposed to great danger for want of a suitable country road through Plainfield, both from the centre and south parts of the town to its eastern bounds, whereupon it was enacted, October, 1712, "That the selectmen of Plainfield do take immediate care, by a jury or otherwise as the law directs, to lay out the two roads above-mentioned within their own town ; and also, that the said selectmen continue the said country road or roads up to the river lying about one mile and a half to the eastward of Francis Smith's-to be done at the charge of this Government so far as it extends to the eastward of the bounds of the said town."
William Marsh, John Fellows and Thomas Stevens were appointed by the town to carry out this enactment, and straitway laid out a high-
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way from the Quinebaug River to the east bound of the town, crossing the "third eighth " and the site of Plainfield village. The land needful was given by the proprietors-Joshua Whitney, Benjamin Spalding, Nathaniel Jewell, Daniel Lawrence, John Hall and John Smith,-"in consideration that it is convenient and necessary for travelers, being the nearest and best way to and from Providence, Boston, Rhode Island, Narraganset and many other places, and convenient for town and country." " A miry slough, eastward from Daniel Lawrence's," was transformed into "a good and sufficient causeway " by the labor of some of the inhabitants. The road was laid out four rods wide and eight rods at some parts of Egunk Hill for the convenience of loaded carts. The committee continued it beyond the bounds of the town to the Moosup ford-way, where a safe and sufficient bridge was con- structed at the expense of the Colony, by Miles Jordan and Francis Smith, in 1714. Rhode Island's part of this highway was completed the same year and thrown open to the public, so that communication with Providence and other large towns was very greatly facilitated.
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