USA > Connecticut > Litchfield County > Litchfield > Sketches and chronicles of the town of Litchfield, Connecticut : historical, biographical, and statistical : together with a complete official register of the town > Part 4
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That whosoever hath or ought to have been an Inhabitant, and is a Proprietor of Lands within the said Town of Litchfield, or have de serted and left said Town since difficulties have arisen there on the account of an Enemy, and shall neglect, for the space of one month after the rising of this Assembly, to return to the said Town and there abide, or send some man in their room and stead to perform and do the necessary duties of Watching and Warding, and the like, during
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HISTORY OF LITCHFIELD.
the continuance of the difficulties of the war, shall lose and forfeit all their right and estate in and upon any and all of the Lands aforesaid, and their estate, right and interest therein, unto the Corporation of Connecticut. And Further, it is Provided, That if any other man, being now a Proprietor and Inhabitant, or a Proprietor and ought to have been an Inhabitant in said Town, shall hereafter, during the continuance of fear and danger of the enemy, desert and leave the said Town, or neglect to repair thither and there personally abide, without constantly providing some other sufficient person in his room and stead, there to perform all duties as before mentioned in the case of those who have already deserted, shall likewise forfeit their estates in and to all the lands in the Town aforesaid, unto this Corpora- tion. And Further, it is Provided, That upon complaint made to the Committee of War, at Hartford, of or against any such deserter, upon their satisfaction of the truth thereof, the said Committee shall declare the forfeiture ; and the said Committee are empowered to admit any other person who shall go and abide there in the room of the deserter and perform the necessary duties as aforesaid, and he shall hereafter receive a grant from this Court of the estate escheated as aforesaid for his confirmation therein.
And it i's Further Ordered, That five shillings per week shall be allowed for billeting soldiers in Litchfield for the summer last past."
On the 18th of January, 1724-'5, a meeting of the inhabi- ants of the town was held, on which occasion it was voted that a Committee should be chosen " to consider of and make application to the Council of War in behalf of the Town, for what they judge needful for the peace and safety of the Town in this time of trouble and danger." Rev. Timothy Collins, Mr. Nathaniel Hosford, Lieut. John Buel, Ensign Nathaniel Smith, Sergt. John Stoddard, Mr. Joseph Bird and Mr. John Marsh, were appointed said Committee.
At a Town Meeting held on the 10th of May, 1725, " it was voted and agreed, that there shall forthwith be erected one good and substantial Mount, or place convenient for sentinels to stand in for the better discovering of the enemy and for the safety of said sentinels when upon their watch or ward; that is to say, one Mount at each of the four Forts that were first agreed upon and are already built in said Town, which Mounts shall be built at the Town's cost, by order and at the discretion of such men as the Town shall appoint to oversee and carry on the above said work. At the same Meeting, Voted, That Jo- seph Kilbourn, shall take the care of building the Mount at the · North Fort, and Samuel Culver shall take the care of building
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MEMORIAL.
the Mount at the East Fort, and Jacob Griswold at the West Fort, and Joseph Bird at the South Fort."
During the Legislative Session then next ensuing, the Com- mittee already named presented the following Memorial, viz. :
" To the Honorable Governor, Assistants and Representatives, in Gen- eral Court convened-
The Petition of the Inhabitants of the Town of Litchfield humbly sheweth : That whereas your Petitioners, notwithstanding all that this Honorable Court hath done for us, which we accept with all thank- fulness, remain under great trouble by reason of the war, which hath so much hindered us in our husbandy, which hindrance yet remains upon us, and hath already greatly shortened our crops. If the war continues, we shall scarcely be able to raise our bread-corn or support ourselves in this place, without some relief, either by putting our In- habitants under some pay from the Government, or by some other way as your Honors in your wisdom shall think best for the whole of the Inhabitants ; and that something be further done concerning our non-residents, by reason of whose absence we are great sufferers ; and that some act be made concerning liberty in garrison-houses ; and that some money be granted for finishing our Garrisons, which we are very unable to do ourselves. All which your humble Petitioners submit to your Honors' great wisdom ; and that you may be made a rich and lasting blessing in your day and generation, your Petitioners shall, as in duty bound, ever pray.
Dated at Litchfield the 25th day of May, A. D, 1725.
JOHN MARSH, NATHANIEL HOSFORD, TIMOTHY COLLINS, JOHN BUEL, JOSEPH BIRD,
Committee or
Agents Town of
Litchfield."
The Upper House appointed His Honor the Deputy Gov- ernor and Major Wolcott a Committee on the Litchfield Me- morial ; Major John Burr and Messrs. Seymour and Leete were appointed a similar Committee on the part of the Lower House. The following Resolutions, which soon after passed both Houses, probably emanated from them :
"THIS Assembly, taking into consideration the difficulties of the Town of Litchfield in this time of trouble with the Indians, and that sundry persons claiming Rights in said Town are not resident in the same, have therefore Resolved :
1. That each person claiming a Right or Rights in said Town, that shall not be constantly residing in said Town, shall pay and forfeit, towards defraying the public charges in defending the same, the sum of £30 per annum for each Right he claims, and so pro rata for any time he shall be absent without allowance from Capt. Marsh, John
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HISTORY OF LITCHFIELD.
Buel and Nathaniel Hosford, or any two of them ; and by the same rule of proportion for part Rights. And if any such claimer shall neglect payment of the said forfeiture at the time and to the Commit- tee hereafter appointed in this Act, the said Committee are hereby fully empowered to sell so much of the Lands in Litchfield claimed by such non-resident person, as will answer the sum so forfeited ; and all sales and alienations made of such Lands by the Committee, shall be good for the holding the same to the grantees and their heirs forever.
And this Assembly appoint Major Roger Wolcott, Capt. Nathaniel Stanley, Esq., and Mr. Thomas Seymour, a Committee to take account of all forfeitures that shall arise by force of this act, and upon the non- payment of the same, to make sale of the Lands as aforesaid.
And it is Further Ordered, That all such forfeitures shall be paid to the said Committee at the State House in Hartford, on the first Monday in June, which will be in the year 1726 ; and the said Com- mittee are to deliver all such sum or sums as they shall receive by force of this act, unto the Treasurer of this Colony, taking his receipt for the same-the said Committee to make their accounts with the Assembly in October, provided nevertheless that the Right of Joseph Harris is saved from any forfeiture by force of this act. And it is further provided, that if any such claimer shall keep an able-bodied soldier in said Litchfield, who shall attend duty as the Inhabitants do, such claimer shall be excused for his non-residence during such time.
2. And it is Further Enacted, That all houses that are fortified in said Town, shall be free for the use of the people and soldiers in the garrison.
3. That the Inhabitants of said Town shall be allowed five shill- ings and six pence per week for billeting soldiers.
4. That Mounts shall be built in the Forts that are already made in said Town, at the public cost of the Colony ; and Capt. Marsh, John Buel and Nathaniel Hosford, or any two of them, are appointed to build the same, keeping fair accounts of their doings herein, and lay the same before the Committee for the War, who are directed to give orders to the Treasurer to pay what shall be justly due to them for their services.
5. That all able-bodied young men that are dwellers in said Town and are eighteen years old and upwards, and have no right to any Lands in said Town, and shall constantly reside therein until October next, and do duty with the Inhabitants, shall be allowed three shillings per week out of the Public Treasury, until October next, unless the Committee for the War in Hartford shall order to the contrary for part of said time.
6. That every able-bodied man that is fit for service to the accep- tance of the commissioned officers, that hath a Right in said Town, and shall constantly reside therein and do his duty according to the command of the captain until October next, shall be allowed out of the Treasury eighteen pence per week, unless the Committee for the War shall order to the contrary for part of the time."
In consequence of the provision of the 4th Resolution, it was
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THE INDIAN WAR CONTINUES.
" Voted, That the persons appointed by the Town to take the care of building the Mounts at the Forts, shall proceed no farther by virtue of their orders from the Town, that so the Mounts may be built at the charge of the Colony."
At the same Legislative Session, Messrs. Nathaniel Wat- son, of Windsor, and Matthew Woodruff, of Farmington, each presented a petition for a bounty for having shot an Indian during the preceding summer, while in the King's service at Litchfield. The statements of Messrs. Samuel Beebe, Shubael Griswold and Joseph Pinney, on the subject, are on file in Hartford. The following is from Mr. Beebe :
" SAMUEL BEEBE, of lawful age, testifieth and saith-That he heard Matthew Woodruff say that he thought he had not struck the Indian that he shot at, but thought he had overshot him. The next morning we went out to the place where we had the fight, and then said Wat- son went to the place where he stood when he shot at the Indian, and then directed a man to the spot where the Indian stood that he shot at, and there was the blood found very plentiful; and those that were there, followed the blood to the place where we did think the said In- dian did die, and further. The Indian that said Watson shot at, was about six or seven rods from the place where the Indian stood that Woodruff shot at. SAMUEL BEEBE.
Litchfield, May the 24, 1725."
The annexed Petition is also copied from the colonial files :
" To the Honorable JOSEPH TALCOTT, Governor of His Majesty's . Colony of Connecticut-Whereas, When your humble Petitioners were impressed to come up to Litchfield to keep garrison, we were encour- aged by our officers to come, because it was but for a little while we should be continued here, just till the Inhabitants could get their seed into the ground. That business being over, and our necessity to be at home being very great, we humbly pray your Honor to dismiss or ex- change us by the beginning of June ; whereby your Honor will great- ly oblige your Humble Petioners. JOSEPH ROSE,
Litchfield, May 23, 1725.
In behalf of the rest."
During the summer of 1725, the war with the Eastern Indians still continued, though it does not appear that the people of Litchfield suffered in consequence, except by being kept in a state of suspense and anxiety. At the October session of the Legislature, it was voted that " forasmuch as the continuance of the unhappy war between Massachusetts and the Eastern Indians is likely to endanger our frontiers, and the county of Hampshire, this Assembly empowers the Governor and the Committee of War at Hartford, to impress and send forth such forces as they shall think needful to defend our own frontiers ;
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HISTORY OF LITCHFIELD.
and in case of a threatened attack upon Hampshire county, a force may be sent to aid them, but they are not compelled to keep garrison there."
It is not until a year later, (October, 1726,) that the records give indication that any immediate danger was apprehended by the people of this town. At this date, " upon news that the Indian enemy were coming down upon our frontiers," it was resolved " that there be forthwith thirty effective men raised in the towns of New Haven and Wallingford, to march to Litch- field, to be under the direction and command of Capt. John Marsh, of Litchfield, for the defense of said town-twenty of whom shall be raised in New Haven, and ten in Wallingford ; and that a Sergeant march with them directly from each of said towns ; and that the Major of the county make out his orders to the Captain in said town accordingly."
Twenty effective men were at the same time ordered imme- diately to be raised in Milford, and marched to New Milford, to be under the command of Capt. Stephen Nobles, for the de- fense of that town.
Captains John Marsh and Stephen Nobles were directed at once to " send forth small scouts, to call, and, in the name of the Assembly, to command, all the friendly Indians to retire to their respective towns or places where they belong, and not to be seen in the woods except with Englishmen." The friend, ly Indians were to be employed for the defense of the frontiers- and for scouting-and were to be paid eighteen pence per day while engaged in the latter service, and twelve pence per day for warding and keeping garrison in towns. Five men were directed to be sent from Woodbury for the defense of Shepaug until the danger should be over. Captains Minor and Preston were directed to order their Lieutenants to see to it that the men were forthwith sent. These men were placed under the command of Lieut. Ephraim Warner.
Though Litchfield had been nominally incorporated, " with all the powers and privileges of the other towns in this colony," in 1719, she was yet without a Patent, or Town Charter. It appears to have been regarded by the settlers as a matter of importance as well as of etiquette, that the town should be
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APPLICATION FOR A PATENT.
more fully recognized and protected, by letters patent under the great colonial seal. Accordingly, in May, 1723, John Marsh was appointed by his fellow-townsmen an Agent to apply to the General Assembly for this purpose-who presented to that body the following Petition :
"To the Honorable Governor, Council and Representatives, in Gen- eral Court assembled at Hartford, May 9th, A. D. 1723. The Pe- tition of JOHN MARSH, Agent for the Town of Litchfield, humbly sheweth :
That this Honorable Assembly did give and grant to the Inhabi- tants of said town of Litchfield, all that land lying north of the town of Waterbury, and to begin at Waterbury north-west corner, and from thence to run in a west line to Shepaug river and to bound east on Waterbury river, and west by said Shepaug, and to run north seven miles and a half; as more at large by the record of said grant may appear.
That the Inhabitants of said Litchfield, for great and valuable con- siderations, have made a purchase of the said Lands of the towns of Hartford and Windsor, who had a claim thereto by virtue of a grant anciently made by this Assembly to them.
That the Inhabitants aforesaid have, through many fatigues, perils and dangers, removed themselves and families thither, and undergone the great hardships of settling a new town ; the which your Honors will easily conceive to be attended with, since it is so remote a settle- ment and a frontier to the government. So that if the blessing of Heaven shall rest upon them, as it hath hitherto seemed to smile upon the undertaking, there is a prospect that they in a short time may be- come numerous, and succeed in some measure proportionable to the views they first had therein.
That the Inhabitants, excited by an observation made on the unhap- py disputes that have oft arisen in towns by a long delay of settling and ascertaining their bounds, and determining the property of the Lands within, and being desirous in time to secure themselves from such uncomfortable and almost undoing disputes, have procured their lines to be run and necessary monuments to be made therein, on the north and south of said Litchfield, the procuring whereof (our present low circumstances considered, we being in our infancy,) must needs be very burthensome.
The said Inhabitants, by their Agent aforesaid, do therefore humbly pray this Honorable Assembly to give them a more particular grant of the said town, and confirmation thereof, by a Patent under the seal of the Government, in due form, and your Honors' humble petitioners shall, as in duty bound, ever pray. JOHN MARSH."
No sooner was this application known, than Woodbury sent in a remonstrance, particularly objecting to the southern bounds of Litchfield, as claimed by her. A Patent, however,
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HISTORY OF LITCHFIELD.
was drawn up in due form, bearing date, May 19, 1724. For some cause, (probably on account of the continued remon- strances of Woodbury,) the instrument was not officially grant- ed to the parties applying therefor, until several years subse- quent to its date. In May, 1731, Messrs. John Bird and Ben- jamin Hosford, "Agents for the Proprietors of the Town of Litchfield," presented a Memorial to the Legislature, stating that they are yet without a Patent, and praying that " the difficulty and contention and impoverishing lawsuits, because of an unsettled line, may be prevented by a Patent according to our purchase and grant," as is therein expressed. The Legislature, in response, gave directions that the proprietors of Woodbury should be notified of the application, and warned to appear before the Assembly, and show cause, if any they had, why the memorial should not be granted. As nothing further is found relating to the matter, it is presumed that the petition was this time successful. A copy of the Patent is here given, viz. :
" THE Governor and Company of the English Colony of Connecticut in New England, to all to whom these Presents shall come, GREETING :
KNOW YE, THAT the said Governor and Company, by virtue of the power granted unto them by our late sovereign, King Charles the Second, of blessed memory, in and by His Majesty's Patent, under the great seal of England, dated the twenty-third day of April, in the four- teenth year of His Majesty's reign, and in pursuance thereof and in General Court assembled, according to charter, did, by their act, made May fourteenth, Anno Domini, 1719, upon the humble petition of Lieut. John Marsh, of Hartford, within the said Colony, and Dea. John Buell, of Lebanon, grant unto the said John Marsh and John Buell, and partners, settlers, being in the whole fifty-seven in number, liberty to settle a town westward of Farmington, in the county of Hartford, at a place called Bantam, which town was to be in length east and west, eight miles, three quarters, and twenty-eight rods, and in breadth, seven miles and an half-to be bounded east on Mattatuck river, west part on Shepaug river and part on the wilderness, north by the wilderness, and south by Waterbury bounds and a west line from Waterbury corner to the said Shepaug river. And Ordered, that the said town should be called by the name of LITCHFIED, as more fully appears by the said act. The said Governor and Company, by virtue of the aforesaid power, and by their special act bearing even date with these presents, for divers good causes and considerations them hereunto moving, have given, granted, and by these presents, for themselves, their heirs and successors, do fully, clearly and abso-
----
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THE PATENT.
lutely give, grant, ratify and confirm, unto the said John Marsh and John Buell, and the rest of the said partners, settlers of said tract of land [in their actual, full and peaceable possession and seizin being] and to their heirs and assigns, and such as shall legally succeed and represent them, forever, [in such proportions as they, the said partners and settlers, or any of them, respectively, have right in and are law- fully possessed of the same,] all the said tract of land now called and known by the name of Litchfield, in the county of Hartford aforesaid, be the same more or less, butted and bounded as followeth, viz: Be- ginning at the north east corner, at a tree with stones about it, standing in the crotch of Mattatuck river aforesaid, and running southerly by the side of said river until it meets with Waterbury bounds, where is a well known white oak tree standing about fifteen rods west of said Mattatuck river, anciently marked with IS : IN: From thence run- ning west twenty three degrees thirty minutes south, to two white oak trees growing out of one root, with stones about them, and west one mile and a half to Waterbury north west corner bound mark; and from thence west five degrees thirty minutes north to Shepaug river, where is a tree and stones about it butting upon Waterbury township ; then beginning at the first mentioned tree by Mattatuck river and run- ning westward into the wilderness, to an oak tree marked and stones laid around it ; then south to a crotch in the Shepaug river ; and thence by the westermost branch of Shepaug river to Woodbury bounds. And also all and singular, the lands, trees, woods, underwoods, wood- grounds, uplands, arable lands, meadows, moors, marshes, pastures, ponds, waters, rivers, brooks, fishings, fowlings, huntings, mines, min- erals, quarries, and precious stones, upon and within the said land. And all other rights, members, hereditaments, easements and com- modities whatsoever, to the same belonging or in any wise appertaining, so butted and bounded as is herein before particularly expressed or mentioned, and the reversion or the reversions, remainder or remain- ders, rights, royalties, privileges, powers or jurisdictions whatsoever, of and in all and singular the said tract of land and premises hereby granted, and of and in any and every part and parcel thereof. And the rents, services and profits to the same incident, belonging or apper- taining-To Have and to Hold all the said tract of land, and all and singular other the premises hereby given or granted, or mentioned, or intended to be granted, with all the privileges and appurtenances thereof, unto the said John Marsh and John Buell, and the rest of the partners, settlers of the same, their heirs and assigns, to their only proper use, benefit and behoof, forever ; and to and for no other use, intent or purpose whatsoever. And the said Governor and Company, for themselves and their successors, have given and granted, and by these presents do give and grant, unto the said John Marsh and John Buell, and the rest of the partners, settlers of the tract of land herein before granted, their heirs and assigns; the said tract of land so butted and bounded as aforesaid, shall from time to time and at all times for- ever hereafter, be deemed, reputed, denominated, and be an entire town of itself, and shall be called and known by the name of LITCHFIELD,
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HISTORY OF LITCHFIELD.
in the county of Hartford, and that the aforesaid partners, settlers and inhabitants thereof, shall and lawfully may from time to time and at all times, forever hereafter have, use, exercise and enjoy all such rights, powers, privileges, immunities and franchises, in and among them- selves, as are given, granted, allowed, used, exercised and enjoyed, to, by, and amongst the proper inhabitants of other towns in this Colony, according to common approved custom and observance ; and that the said tract of land and premises hereby granted as aforesaid, and ap- purtenances, shall remain, continue and be unto the said John Marsh and John Buell, and the rest of the partners, settlers, their heirs and assigns, in proportion aforesaid forever, a good, peaceable, pure, per- fect, absolute and indefeasible estate of inheritance in fee simple, to be holden of His Majesty, his heirs and successors, as of His Majesty's Manor of East Greenwich in the County of Kent, in the Kingdom of England, in free and common soccage, and not in capite, nor by Knight's service-Yielding therefor, and paying unto our Sovereign Lord, King George, his heirs and successors forever, one fifth part of all ore of gold and silver which, from time to time and at all times forever hereafter, shall be there gotten, had or obtained, in lieu of all services, duties and demands whatsoever.
IN WITNESS WHEREOF, The said Governor and Company have caused the Seal of the said Colony to be hereunto affixed.
Dated at Hartford, May the 19th day, Anno regni regis Decimo Georgii Mag'a Britt'@, Fran'@, Hybern'a, Annoque Domini, One Thousand Seven Hundred and Twenty-Four, 1724.
G. SALTONSTALL, Governor.
By order of the Governor and Company in General Court assembled.
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