USA > Connecticut > Fairfield County > Fairfield > The history of Fairfield, Fairfield County, Connecticut, from the settlement of the town in 1639 to 1818. Vol. I > Part 15
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Any person found under the influence of liquor "in a private house" was fined 20s. for every such transgression ; and the owner of the house made subject to a fine of Ios. The constables were required to make dili- gent search for all such offenders. Corn or malt was forbidden to be dis- tilled into liquor. In the month of March the General Court ordered that each town in the colony should provide its mills " with a toll-dish of just a quart, also a pottle-dish of two quarts, a pint dish, and an instrument to strike with, fit for the purpose," all of which should be sealed by the sealers of weights and measures. At the May election Lieutenant Nathan Gold was chosen a magistrate to attend the General Court, and Cornelius Hull and John Wheeler deputies. For some time a strife had existed between Fairfield and Stratford about the care of the Pequonnock Indians. Strat- ford claimed that they belonged .to Fairfield, which Fairfield resented on the ground that they were not within the limits of the town. A petition, dated March 7th, was carried to the General Court for a final settlement of the dispute by the deputies from Fairfield. They represented that Fair- field was much straightened in land, on account of the Bankside farmers encroaching on their western limits ; that they were obliged to provide for their own Indians, and therefore ought not to have the care of the Pequon- nock Indians laid upon them ; that the lands claimed by the Pequonnock Indians at Golden-hill belonged to that tribe, they having reserved it to
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themselves from the beginning of the settlements. They represented that there were about four hundred Indians to be cared for. They said that Henry Wakeley of Pequonnock complained that Fairfield oppressed Strat- ford with their Indians; and that Mr. Ludlow, in petitioning for the largeness of the early bounds of the town, " alleged that there were many Indians to provide for." They said that Stratford claimed the greatest part of the Pequonnock lands upon which the Indians lived. Finally, they left the Indians to plead for their rights themselves.
It appears that some of the planters of Stratford had encroached upon the Golden-hill reservation, which caused great dissatisfaction among the Pequonnock Indians. On account of these encroachments, they com- plained that they had not enough planting land to supply them with corn, etc., for their families. At the same time they refused to move from Golden-hill. The court decided that Golden-hill lawfully belonged to the Pequonnock Indians, and ordered " that according unto the desire of the Indians, that they may quietly possess & enjoy from henceforth & for the future, all that parcel of land called Gold-Hill ; " that a committee should be immediately appointed to lay out land for their benefit at Fairfield ; and that the committee should lay out as much land in Fairfield for the use and accommodation of the Stratford planters " as might be most con- venient for them, equal in quantity & quality to the Golden-hill lands." In case the Stratford men were unwilling to accept of the lands set off for them in Fairfield, the committee were to decide " how much & in what kind " the inhabitants of Fairfield should pay Stratford by way of satisfac- tion. Finally it was concluded " that, the land called Gold Hill surren- dered by Stratford unto the Pequonnock Indians-shall from henceforth be accounted full satisfaction for them unto the Indians; " and that neither they nor their successors should make any further claims or demands of land from Stratford; but from that time they should be "accounted Fairfield Indians," and to be provided for by the inhabitants of that town. It was also ordered that if the Pequonnock Indians should at any time relinquish or desert Gold-hill, the land should return to the Stratford plan- tation, which should pay back to Fairfield one-half of the sum they had received for the said land. Mathew Camfield, Mr. Fitch, Richard Olm- stead and Nathaniel Ely, of Norwalk, were appointed a committee to bound out eighty acres at Gold-hill, " beginning at the foot of ye hill where ye wigwams stood, & so to run upward on the hill, & within Fairfield bounds as above mentioned, & to return what they did in the matter to the next General Court." The assistants or magistrates of the towns were given power to make attachments, levy rates, to grant replevins, to
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punish drunkenness, lying and theft " within their precincts according to law."
Magistrates were amenable only to the General Court for any error committed. The 29th of June was appointed to be kept a day of fasting and prayer " partly for England & partly for our own Country in regard to the unsettled state of affairs in both places & partly for the season ; . . that God may prevent evils that may be feared, & that He would bless the religious counsels of the colonies, & bring them to a good issue." The unhappy state of affairs in England at the time of Cromwell's death had resulted in the early withdrawal of his son from the position his father and the army had bestowed upon him.
The New England colonies greatly feared that King Charles II. would be placed upon the throne of England. The favor which they had received from Cromwell both in political and ecclesiastical affairs, relieved them for the time being from the dread of a governor sent out from England, or of the yoke of Episcopacy. Prince Charles had been acknowledged king by Scotland and Ireland in 1650; and it was known that there existed in England, especially in the army, a strong party in his favor.
The Long Parliament had been summoned, and had been made to give way to the old Rump Parliament. Generals Monk, Lambert and others had been appointed to command the army. Ambition on the part of the political and military leaders resulted in the office of the Protector, the Parliament and the army being arrayed against each other. Meanwhile the royalists, taking advantage of the situation, resolved on a rise in several counties. The jails were filled by Parliament with their open or secret enemies. "Throughout the three kingdoms there prevailed nothing but melancholy fears ; among the nobility & gentry, of a bloody massacre & extermination ; for the rest of the people, a perpetual servitude beneath military despotism of the worst kind." It was under these circumstances that Fairfield and the other towns in Connecticut were called to spend a day in fasting and prayer.
The list of freeholders and the value of their estates at Fairfield this year were : persons, 80 ; estates, §10,442. A tax of one and a half penny upon the pound was levied upon the town to defray the public expenses. " In consideration of God's goodness," the last day of November was appointed a day of public thanksgiving throughout the colony, "for ye fruitful & seasonable harvest, & ye general restoration of health to ye plantations."
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CHAPTER III
1660-1670
PROGRESS OF FAIRFIELD
Prosperity of Fairfield .- Military laws .- Change in the Constitution for the election of governors. -Pequonnock Indians .- First cavalry force of Fairfield .- Thanksgiving .- Patent desired .- Affairs in England .- Fairfield's acknowledged allegiance to Charles II .- Annual tax .- Sasqua lands .- Rate of dividend .- Town officers .- James Beers .- Freemen .- Indian deed of Sas- qua .- Assistants and deputies of 1661 .- Norwalk and Stratford bounds .- Schools .- Efforts to obtain a charter .- Tax .- Wolves .- Leather sealers .- Assistants and deputies of 1662 .- Corn and tobacco .- Cavalry drill .- Fence committee .- Richard Ogden's mill .- The charter. -Stamford .- Captain John Youngs .- Salary of troopers. - Free trade .- Burning fields .- Trouble with New Haven .- John Adams .- Assistants and deputies of 1663 .- Particular Courts at Fairfield .- Boundary .- Watchmen .- Indians forbidden to enter towns at night. - New Haven and New Amsterdam .- Rights of town officers .- Henry Rowland, tavern keeper. -Thomas Pell's purchase of Westchester, etc .- Grant to the Duke of York .- Captain John Scott .- Public fast .- Fleet from England to reduce the Dutch .- Surrender of the Dutch .- Ecclesiastical liberties .- Union with New Haven colony .- War between England and Hol- land .- Pounds .- Rev. Samuel Wakeman .- List of estates .- Superior Courts at Hartford .- The King favors Connecticut .- Bankside farmers .- Fairfield county .- Property taken for debts .- Bears. - Fairfield to prepare troops, militia and vessels for the war .- Peace between England, France and Holland .- Public thanksgiving .- Strangers not to live in Fairfield .- Town notes .- County prisons .- Grant of land to Major Nathan Gold .- County troops .- Ecclesiastical assembly and committee .- Assistants and deputies of 1669 .-- Riding pace .- Lawful measures.
THE third decade in the history of Fairfield opens with events of considerable importance to the town. Its growth within the last ten years had been rapid, both in population and wealth, and it was fast becoming the leading town of the western part of the Connecticut colony. It was the center of navigation, and of the county courts. Its exports of grain and timber were large; and the planters began to realize what it was to be in easy circumstances. The Indians, however, were proving more mischievous and dangerous than ever; their carriage was insolent and defiant ; but, since the troubles with the Dutch, the town had kept a well-organized militia for its defense.
On the assembling of the General Court in February, a law was passed giving the military officers of each town power to call out and appoint as many of the train-bands annually as the order of the court required for each plantation, to attend the public meetings, provided no one person was compelled to keep guard more than one year .*
* Col. Rec. Conn., I., 344
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In April, the General Court took into consideration the wisdom of altering the fourth provision of the Constitution, respecting the election of a governor for the term of two years only. They recommended for the approval of the freemen of the colony, that the number of years should not be limited. They also " ordered the secretary to insert the same in the warrants for the choice of deputies," and requested that the returns of the freemen from remote plantations should be made by proxies through the deputies of the towns. Thus the long journeys to attend the elections at Hartford were avoided. At the May election, Lieutenant Nathan Gold was elected one of the magistrates of the General Court, and John Wheeler and Cornelius Hull were chosen deputies from Fairfield. Immediately after the election the change submitted to the freemen was made. It was voted "that the particular in ye 4th law respecting the choice of the governor should be altered, & that for the future there shall be liberty of a free choice yearly, either of the same person or another, as may be thought meet, without prejudice to ye law or breach thereof." *
The committee appointed to set off eighty acres on Golden-hill to the Pequonnock Indians, made a report to the court, that they had settled the bounds of the reservation according to their instructions ; and included the reservation within the limits of Fairfield ; and also that Fairfield had paid twenty pounds to Stratford for the said land. A law was passed "that neither an Indian nor a negro servant should be required to train, watch or ward in the colony." The price of sheep in the list of rates was ordered to be reckoned at 15s. per head. Jehu Burr was appointed a grand juror, to inquire into the misdemeanor and breaches of the laws at Fair- field. A law was passed that no Indian should be allowed to dwell within a quarter of a mile of any town in the colony ; nor any strange Indian be entertained in any one of the towns, under a penalty of 40s. a month. Guns carried into the towns by Indians were liable to be seized and not redeemed under a penalty of Ios. No Indian was allowed to dwell in the towns " except he was known to be of an honest conversation, & accepted by a major part of the town ;" nor were they allowed to sell their lands or houses without the consent of the towns in which they lived. Liberty was granted to Fairfield, Stratford and Norwalk to gather out of the three towns " a small cavalry troop of horse, with two meet officers added to exercise them, of their own choosing ; & the troopers to be such as are approved by Lieutenant Nathan Gold, Mr. Fairchild & Mr. Camfield ; the officers to be approved by the General Court. And for proportion they
* Col. Rec., Conn., I., 347.
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are to take 7 out of Stratford, 7 out of Fairfield, & 4 out of Norwalk." * This was the first cavalry force of Fairfield. Lieutenant Nathan Gold, William Hill, Judges Alexander Knowles and Camfield, were appointed to settle the difference between the Norwalk inhabitants and the Indians in that place.
In the month of October a final settlement was made with the heirs of Mr. Fenwick, in regard to the purchase of the Saybrook fort and the Connecticut patent. The annual tax laid upon all the towns in the colony towards purchasing the fort and the old Connecticut patent, had been a heavy drain upon the treasury. A considerable uneasiness existed in the colony after Mr. Fenwick's death, on account of this purchase not having been settled, or a formal quit-claim of the fort and charter made over to the colony. The question had been agitated from time to time, and at the May election the court had ordered a strict investigation to be made into the true value of all estates within the colony, in order that a final payment might be made to Mr. John Cullick and Elizabeth his wife, the heirs of Mr. Fenwick. A committee was appointed for this purpose, and at the assembling of the General Court in October, they reported that they had prepared the accounts of the colony for a final settlement. The court then ordered them to draw up proper instruments towards perfect- ing the sale, to which the governor was authorized to affix the colonial seal. On the 7th of October the long desired settlement was made with Mr. John Cullick and his wife, the heirs of Mr. Fenwick, who gave a full discharge to the colony of Connecticut " for all sums of money due to the said Fenwick, his heirs or assigns, by virtue of the agreement made with Mr. Fenwick or purchase of the river's mouth." At the final investigation of the committee, it was discovered that the colony had paid Mr. Fenwick and his heirs five hundred pounds over and above the original agreement. This was an important event for the Connecticut colony, and one which gave great satisfaction to all the towns in the jurisdiction. Wednesday, the 4th of October, was set apart as a day " of public thanksgiving to God for his mercy in our Peace, Plenty, Health & Liberties that we enjoy."
The leading gentlemen in the colony were aware that they did not in reality possess any of the lands within the colony bounds, except such as were included in the old patent ; and while they now held a legal claim from the heirs of Mr. Fenwick to this patent, they had no confirmation of the same from England. To gain this most desirable end now became their chief aim, and no more favorable opportunity had presented itself than the condition of political affairs in England. The ambitious conten-
* Col. Rec. Conn., I., 351.
1661]
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PROGRESS OF FAIRFIELD
tions between Parliament and the army resulted in the ascendancy of the army ; and General Monk, who was in supreme command, conceived it to be a fitting opportunity to invite Prince Charles to return to the throne of his father. A new Parliament was summoned on the 25th of April, 1660, which was called the Convention Parliament .. On the 27th a motion was made for the restoration of the king. On the 8th of May Charles II. was proclaimed king in the palace yard of Whitehall, and at Temple Bar. General Monk advanced to meet him at Dover, and attended him to London, where, on the 29th of May, which was his birthday, amid the wildest enthusiasm and acclamations, he received the greetings of his people.
When this news reached New England it was universally resolved by the magistrates and freemen of the Connecticut colony, to acknowledge their allegiance to the king, and declare themselves " his loyal & faithful subjects. And do further include if necessary, that we should humbly petition his Majesty for grace & favour, & for ye continuance & confor- mation of such privileges & Liberties as are necessary, for the comfortable & peaceable settlement of the colony." It was voted, that the five hundred pounds, which Captain John Cullick was to return to the colony, should be improved towards purchasing a new patent.
Fairfield, Stratford, and Norwalk failed to send in their list of estates, consequently the court ordered the treasurer " to summon the delinquents to answer for their transgression." He was also ordered to send warrants to the seaside plantations, to gather their rates " at such seasons as might prevent the inconvenience that usually falls out, in failing of their pay- ments." The prospect of obtaining a new charter stimulated the plant- ers to make provisions for distributing their town lands, and settling their boundaries. At a town meeting held at Fairfield, January 3, it was voted, that there should be a new planting field in the Sasqua fields, " to accom- modate all such inhabitants as were in need of land over ye Mill river above Crecroes brook, upon ye neck there." To such inhabitants as desired land, six acres were allowed to a family, and as much more or less as they pleased. The planters were not to receive these lands as their own, but to have the use of them for ten years. At the end of that time they were to seed them down as common lands. It was also voted that the fields under improvement should be fenced; and that those who neglected to fence their fields should forfeit them to others who would. That partiality might not be shown, it was agreed that the fields should be drawn by a lottery. A committee was appointed to lay out the great fields, and also each planter's field; and the planters were to pay them
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for their trouble. At the same town meeting, Henry Jackson, George Squire, and John Wheeler were appointed to lay out the lands on the east side of the Uncoa creek ; and Jehu Burr and Cornelius Hull were " to lay out the common highways in the great field & meadow on the west side of the Uncoa creek." It has already been mentioned that the planters living on either side of the centre of Fairfield, were called the east and west farmers. At a town meeting, held on the 20th of January, it was voted that three hundred and twenty acres of land should be laid out in proportion as follows: "To a master of a family half an acre; to a wife a quarter of an acre, to a child a quarter of an acre, & to every hun- dred pounds estate two acres, & so proportionally either more or less." Jehu Burr, Thomas Staples, John Banks and William Ward, were appointed a committee to lay out the large fields at both ends of the town, and each family's proportion of land. Every head of a family was ordered to carry in to the town recorder, the number of his children and their ages within a week, under a penalty of forfeiting the land due to such children. At a town meeting, held on the Ioth of February, Lieu- tenant Nathan Gold, William Hill, Jehu Burr, Alexander Knowles, John Burr, William Ward and John Banks, were chosen townsmen for the year. Nathaniel Seeley was chosen town marshal, and William Hill recorder. John Banks and Cornelius Hull were appointed to measure each man's dividend of land at the further end of Sasco neck, both upland and meadow, " & if land enough was found, to lay out a high way there." They were given power to exchange lands among the planters, and to make a report of the common or undivided lands within the township. "Eight acres was confirmed to James Beers, that the Indians gave him in Sasco field or Southport."
At a town meeting, held on the Ioth of February, it was voted : " Whereas the inhabitants of the town have this day drawn lots for a divi- dend, ye lots to begin on land next to Daniel Frost's farm in Sasco field ; & so to run from his land eastward, until ye land already surveyed at Sasco be laid out. And from thence to ye land surveyed at the place called Mr. Gold's meadow ; & from thence to ye land surveyed at Old Pequon- nock." If any planter did not like his dividend in the two last places, he was at liberty to throw it up and take another place, " provided he did not take land nearer to the meeting-house than where his dividend fell." It was voted that these lands should be given up at the end of eight instead of ten years, after " sowing them with hay seed." Jehu Burr and John Banks were appointed to lay out each man's proportion of land. Nathan- iel Seeley and Sergeant George Squire were appointed to lay out the east
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field, and Joshua and John Knowles the west field. On the 12th of Feb- ruary, the townsmen voted that ten acres of upland, which the town had exchanged with Lieutenant Nathan Gold, and six acres of hassock or salt meadow, should be laid out to belong to the town mill, for the use of the miller. This upland is the hill on the south-east side of the present Black Rock bridge, called the Old Mill-hill. It was voted that the town should employ a man to farm the land, and to run the mill, who was allowed the sixteenth part of the grist, which was usually called the toll.
Owing to frequent shooting at marks, "it was ordered that a fine of IOS. should be exacted of every one who should shoot within a mile of the town, except towards the sea," half to the informer and the other half to the town.
A fine of 15s. a head was laid upon any one who should turn cattle or hogs into the new planting fields without a keeper, before the field was broken up. A new pound was ordered to be erected at the town's expense, and the old one disposed of to the best advantage. By an act of the General Court, all grants, sales of lands or mortgages were only made legal by the signature or mark of the grantor-with that of two witnesses attached, which should also be recorded. A law giving one magistrate power to commit persons to prison without bail was repealed, and the recorder was cautioned to secure the interests of the grantee until the issue had been decided by a legal trial. A lawful record of any grant bargain, sale, or mortgage, was made binding, provided (if no written deed, was made) "it was witnessed by one witness & the recorder .*
At a freemen's meeting, held the last Tuesday in April " at Fairfield, Robert Silliman, Jr., James Burrs, Samuel Bradley, Jr., Thomas Harvey, Ebenezer Lyon, & Eliphalet Hill were made freemen, & took the freeman's oath." The first Wednesday in April was appointed a day of fasting and prayer " to seek the favor of God in ye occasions of ye ensueing yeare ; & yt God would direct us in those ways that may conduce to our settle- ment in peace & privileges; & that peace & truth may be settled in England." According to the grant of the General Court in 1649, that the west bounds of Fairfield should extend to within two miles of the Saugatuck river, a formal quit-claim deed was taken from the Maxu- mux and Sasqua Indians on the 20th of March. As the Norwalk Indians laid claim to a right in these lands, a quit-claim deed was received from them on the IIth of April. The following deeds copied from Letter A of Fairfield Town Deeds, gives the names of the chief sachems of Sasqua, Maxumux and Norwalk at that time.
* Col. Rec. Conn., I., 358.
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DEED OF SASQUA.
Know all men by these presents, yt wee whose names are underwritten, have sold, & doe by these presents, sell, alienate & assigne over unto ye Inhabitants of Fairefield, all thet tract of land commonly called Sasqua, bounded on ye north-east with ye land called Uncaway, on ye south-west with ye land at Maximus, ye line on southwest runs close to ye English farmes at Maximus, & this tract of land is for run from ye sea strait up into the country six miles at ye least, taking in all ye land yt lye within that length south-west to sd bounds, between us & ye farmes, (or-if Sasqua land run on ye farme's mile, yt land also to be included,) & doe to close with ye land yt we purchased of Poquonock Indians, as by a writing made undr their hand, Dated ye 20th March 1656: ye Inhabi- tants of Fairfield, they & their heirs, are to possesse & enjoy this land forever, in as free & full a manner as wee have done : we have sold all ye above sd tract of land, with all ye priviledges appurtenances, as Rivers, trees, ponds or whatever privilidges thereunto pertaining to ye said Inhabitants, for a consideration yt. fully satisfies us ; only we will have liberty of hunting in ye woods,-only we are to set noe traps within ye six mile: Wee also acknowledge yt we are true proprietors of ye above sd land: We also acknowledge wee haven given in ye Indian field before this sale, eight acres of land to James Beers, in witness of all which we have hereunto set to ye hands this 20. March 166º.
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