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 16
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It is also provided yt if in future time Sasqua Indians, ye property partains to them or their children, if they should want some land to plant on, ye town of Fairfield is to allow them some land to plant on for their livelyhood within their bounds, in such places as they shall appoint, & ye sd Indians Doe also sell liberty to ye town of Fair- field, to bee commoners in all their land beyond the above sd six miles : ye Indians are to fence their land sufficiently : In witness of all ye above sd, ye sd Indians, have here- unto set their hands this 20. March 1662
Witnessed : Musquot X his mark Solamorton's
Nim X rods marke Anthony's X mk
Poppoos X his mark
Tospee X his mark
Witteren X his mark
Panuncamo X his mark James alias X his mark
Wotussawatum
Cramheag's Squaw
Solamorten's Sister X his mark.
Wissahoes Wompegan X his mark
These 4 names subscribed signed, ye witnesses wit- nessed, but they were here not present with them.
We whose names are underwritten, being under age when this sale was made fully consent to ye above sd sale, as Witness our hand this 16th October 1679.
Creconoes X mark Chickins X his mark.
Witness-William Hill, Recorder. Robt. Bisburn John Basset John * Jones mk.
This is a true copy according to ye originall record, & recorded by me this 25. Janty 1685.
Nathan Gold-Recorder. A, Town Deeds, p. 439. [Indorsed] Sasqua Deed, 20. March 166%.
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Whereas there is a deed of sale written of Sasqua land, & ye Indians had showed ye English yt Sasqua did run west as farre as ye Muddy Creeke, & so to run into ye country; & whereas it doth now appear yt some of Norwalk Indians are ye true proprietors of part of this tract of land : this Day Being ye Irth of April 61, ye sd Norwalk Indians & Sasqua Indians, both meeting together, have agreed : ye sd Norwalk proprietors being contented with ye within sale of ye tract of land : shall be extended west as farr as ye Muddy Creek near Compo, & so to run up into ye Country unto Aspatuck river : & they doe by these presents acknowle yt all ye sd land as far as ye Muddy Creeke shall for ye future partaine to ye inhabitants of Fairfield & to their heirs for ever : In witness whereof they have hereunto set their hands this IIth April 1661 : ye creek above called ye Muddy Creek : ye Indian's name is Werappamaucke
Momechemen X mk Weenam X mk Tospee X mk Quanumscoes X mk Aucan X mk
Wee whose names are underwritten doe acknowledge yt ye Indians have received thir- teen Coats, 2 yards apiece, & ye rest in Wampum, which is all yt Uncoway Englishmen were to pay them for ye Sasqua land, & as farre as ye Muddy Creeke. Witness or hands this IIth Aprill 1661 :
Witnesse Mamachin X mk Weenam X mk
Panoucamus X mk Muskot X mk James X his mark.
The above are true copies wording to ye originall compared and Recorded by me, Nathan gold, Recorder
This 25. of Feruary 1685 .*
[Indorsed] Sasqua Land-April 11. 1661
The Bankside farmers were not at all pleased with what they con- sidered to be an unwarrantable liberty on the part of the town of Fairfield, in obtaining this grant from the General Court, as well as taking a formal purchase of the Indians, of whom they had previously purchased their lands. A contention arose between them and the town, which was not fully settled for nearly fifty years.
In order that particular attention should be paid towards educating the children of the town, the following vote was passed : " Whereas the town hath formerly voted that the school master shall have ten pounds towards his wages out of the town rate, it is now ordered the fifty pounds that remains of his wages, shall be paid by the masters & parents of such children as need teaching, from six years old & upwards. And if any shall send their children under six years, or girls, they shall be esteemed payable scholars. Sergeant Squire & Robert Turney are appointed to
* A, Town Deeds, 672, 673.
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go to each family in the town, & make trial what scholars are to be payable scholars to the school, & bring in a list of the names to the secretary, that there may be a rate made to pay the school master." This appears to have been the first and only school in the town, and was without doubt kept in the building used as a school and town house. The Rev. John Jones was probably the first school teacher, and Rev. Samuel Wakeman, who followed him, appears to have been a school teacher before he became a minister.
At the annual election, Nathan Gold was chosen a magistrate of the General Court, and Jehu Burr and John Banks deputies .* Thomas Pell and Alexander Knowles were made assistants of the particular court at Fairfield, and if either of them declined to act, William Hill was to supply the office. The planters of Norwalk complained to the court of the Fair- field planters having trespassed upon their lands, and demanded twenty pounds damages, which was granted. John Banks of Fairfield, Richard Olmstead of Norwalk, and Joseph Judson of Stratford, were appointed to run a line from the south, northward to the extent of their bounds between Fairfield and Stratford, and also across the northern limits of the town. A petition, which Governor John Winthrop had prepared to send to the king of England, in reference to obtaining a charter, was read before the court and accepted. Governor Winthrop, deputy governor George Willis, Mr. Allin, secretary William Whiting, and the Rev. Messrs. Wareham, Stone, and Hooker were appointed a committee to complete the address and draw up a petition to be presented to his Majesty for a patent. Governor Winthrop was made an agent to go to England, and enlist the favor of Lord Say and Seale and certain other lords and nobles in favor of the petition ; and to present it to the king. A letter of credit was given him in June, to draw on five hundred pounds recovered from the Fenwick estate, towards defraying the expenses and obtaining the patent. A penny on the pound was levied on all estates to defray the general expenses of the colony. The list of estates in Fairfield this year amounted £10,423, 4s.
The third Wednesday in October was " appointed to be kept a solemn Thanksgiving throughout the Colony for God's mercies in ye remaining fruits of the earth, & for peace, & that God is pleased to free us from ye mortality yt ye plantations have been afflicted with." The restraint placed upon Indians carrying guns through the town was annulled, pro- vided that not more than ten Indians at a time passed through any town.
On the 6th of January, John Cable and John Banks were granted " all the waste meadow in the south-west-end, & in Sasco neck, which lay above
* Col. Rec. Conn., I., 365, 366.
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a dam that it was proposed should be made, to prevent the tide from over- flowing the meadows." This dam was to be made over Pine-creek, with a sluice to draw out the fresh water above it. Any planter who wished to join in the enterprise, provided he performed an equal share in draining the creek and building the dam, was to share in the distribution of the salt meadows. If the dam should prove insufficient for the purpose, or be allowed to go to decay, the lands were to revert to the town. At a General Court, held on March 13th, fifteen shillings was allowed for every wolf killed within the limits of a town. Leather sealers were allowed 18s. for every dicker of sealed leather, 18d. half a dicker, and 4d. a single hide. At the May election Lieutenant Nathan Gold was chosen an assistant in the General Court, and Cornelius Hull and Samuel Drake deputies. The first act of the court was to remove the export duty on corn.
Owing to vessels bringing tobacco into the harbors of the colony, with- out paying the lawful custom, under a pretense of waiting for the procla- mation of King Charles to his subjects in the colony, specially in regard to the transportation of tobacco to England and other countries, "a custom of 25s. pr. hogshead or 2d. per pound was laid upon all merchants or masters of vessels" disposing of the weed. Instead of cavalry forces meeting in one body to drill, they were now allowed to be exercised with the militia under the calvary officers of the towns, unless some superior officer was present ; but on general training days, "they were to unite as one entire body of horse." Owing to too much tanned leather being carried out of the colony, it was ordered that none should be exported without an order from the court of magistrates, under a penalty of for- feiting the hides. Liberty was granted the town of Huntington, Long Island, which was admitted to the jurisdiction of Connecticut in May, 1660, to appeal in civil actions to the particular courts of Fairfield or Stratford .*
At a town meeting held in Fairfield, June 19, Richard Ogden was refused an application for a grant of four acres of land, for the use of the mill on Mill river. It was voted that the mill-dam and trench should be finished without delay. John Banks and William Ward were appointed to oversee the work, and if needed to cause a new dam and trench to be made. Thomas Sherwood, being the miller of the new mill on Mill river, was allowed the toll of the grist until Ogden's mill was done, provided he kept the " running gear in order." Ogden's mill was completed in October, and the committee were authorized to pay him what had been agreed upon, and to deliver up the mill to his care. A tax was levied upon the inhabit-
* Col. Rec. Conn., I., 382.
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ants of the town to pay for its erection ; and John Cable, Obediah Gil- bert, and Samuel Drake were appointed to lay out the land the town had agreed to give Ogden adjoining the mill. A fine of 6d. was laid upon every man who did not attend the town meetings, and stay until they closed, except with consent of the town. At the assembling of the General Court at Hartford on the 9th of October, Governor Winthrop, Deputy Governor John Mason, twelve magistrates, and twenty-three deputies from the towns were present, to hear the reading of the new charter granted by King Charles II. Governor Winthrop had received every possible assistance from Lord Say and Seale, the Earl of Manchester, chamberlain of his Majesty's household, and other noblemen who had favored the Puritan settlements in New England. Governor Winthrop possessed a valuable ring, which had been given his father by Charles I., which he presented to the new king. Charles was so much pleased to receive this ring, which brought back remembrances of a father to whom he had been devotedly attached, that he listened with great favor to the petition, and on the 23d of April, 1662, gave the colony of Connecticut his letters patent under the great seal of England. The charter granted in free and common socage all the lands embraced in the old Connecticut or Warwick patent to the colony, in nearly the same form and words of the petition, with most ample and liberal privileges to those gentlemen whose names were mentioned in the petition. Major Nathan Gold's name was included in the charter .* This charter did not reach New England until some time in August, when it was first read to the commissioners of the united colonies at Boston, September 4-16. A special session of the General Court of Connecticut was called to meet at Hartford on the 9th of October, to receive and hear the reading of the charter. Major Nathan Gold, Cornelius Hull, and Samuel Drake were present from Fairfield.
After the reading of the charter to the freemen, it was " declared to belong to them & their successors." Mr. Willis, John Talcot, and Lieu- tenant John Allyn were authorized to take it into their care, and to make oath before the court " for the due discharge of the trust committed to them." The magistrates and freemen then proceeded to establish the order of the courts, and the civil and military officers of the colony, under the charter. " All the laws & orders of the colony were to stand in full force & virtue, unless contrary to the tenor of the charter.". The officers elected in May were confirmed by the freemen. From this time the General Court was called the General Assembly, by which name it was designated in the new charter. The constables of the respective towns
* Trumbull's Hist. Conn., I., 258.
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were ordered without delay, "to gather into their hands all the corn due from their towns, to discharge the colonie's engagement for the charter." They were instructed to exercise due care to receive this tax "in two third's wheat and one third peas, dry & merchantable." If any persons failed to pay their taxes, the constables were to seize upon any- thing " within doors or without," and to dispose of the same to make up the sum needed. They were also authorized " to hire or press any persons, carts, boats or canoes that were necessary to transport the corn and peas to New London," whence it would be shipped to England. The deputies of the towns were requested to see that the constables attended to their duties, and to take receipts from masters of vessels, "for the whole pro- portion of corn for each town," which was to be assigned to a committee at New London .* Nathan Gold of Fairfield, Mathew Camfield of Nor- walk, and Samuel Sherman of Stratford, or any two of them, were appointed to hire vessels to " transport the corn from the seaside towns to New London," the expense of which "the colony was to pay out of the next years rate." The old seal of the colony was ordered to continue in use. The grant of the new charter, and the liberal privileges it afforded to all who should settle in Connecticut, was hailed throughout the colony with great rejoicing. The planters of New Haven, who had been strong supporters of Cromwell against the royal party, found themselves with the towns of their colony, both in Connecticut and on Long Island, embraced within the limits of the new patent, and therefore subject to the laws of the Connecticut colony.
The long dispute about the Connecticut boundary lines betwen Massa- chusetts on the east, and Governor Stuyvesant on the west, was defined in the limits of the charter, which, "included all the territories, islands, rivers, &c., lying between the Narragansett Bay & the north boundary line of the Massachusetts colony," south to the sea or ocean " & in longi- tude as the line, the same as the Massachusetts company from East to West." With more precipitation perhaps than was wise, the towns of Stamford and Guilford immediately tendered their persons and estates to to Connecticut, and were received into the jurisdiction. Captain John Youngs was sent a deputy from Southold, Long Island, to tender the persons and estates of that town to the Connecticut Assembly. He appears to have greatly enjoyed this privilege, and had been so loud in his efforts to induce the other English towns on the Island, included within the province of New Amsterdam, to follow the same example, that Governor Stuyvesant sent an agent with a letter of remonstrance to the
* Col. Rec. Conn., I., 385.
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Assembly, to the effect that unless some restraint was placed upon Captain John Youngs' seditious proceeding, just grounds would be given to the States General and the West India Company " to demand, & by such means as they in their wisdom should think meet, to recover all that tract of land between Greenwich & the Fresh river." The Assembly authorized Captain Youngs to show Governor Stuyvesant's agent the new charter, and to inform him that they " desired the Honourable Lord Stuyvesant would not in anywise encumber or molest his Majestie's sub- jects comprehended within the limits of the patent by any impositions, that thereby more than probable inconveniences may be prevented."
The Assembly then proceeded to notify the inhabitants of Westchester, who had previously been within the limits of the province of New Am- sterdam, that their plantation was included within the limits of the new charter, " & to dispose of themselves as might be most conducable to their tranquility." Greenwich was also taken into the colony. Nathan Gold and Assistants Camfield and Sherman were appointed to hold a court at Fairfield, to settle all controversies according to the tenor of the char- ter ; and the towns of Stamford, Greenwich and Westchester were referred to the said court for this purpose. Among those admitted freemen of the colony under the new charter, was Thomas Pell of Fairfield ; and Richard (Vowels) Fowles, who had been living at Fairfield, was made a constable of Greenwich. Huntington, Setauket and Oyster Bay were also received into the colony, and with the other newly admitted towns, were taxed towards paying for the charter. Captain Youngs was appointed a particu- lar magistrate to hold a court with the other magistrates on Long Island, who were to act with the Fairfield magistrates in cases of an obstinate character. He was also authorized " to give notice to Lieutenant Garde- ner & all the other towns on the Island," to attend the General Assembly at the next May election. Any freeman who had committed a " scandal- ous offense was ordered to be disfranchised." The salary of the troopers which had been annulled, was renewed. The court declared that the Hartford train-band should have pre-eminence over all the companies in the colony. The court ordered " free trade in all places in the colony ; " and ali imposed customs were repealed. John Green, Richard Harvey, Joseph Mead, Richard Webb, Joseph Weed and Peter Ferris, from the towns below Norwalk, were accepted freemen of the colony, and ordered to take the freeman's oath before Assistant Nathan Gold, at the next court held at Fairfield. Lieutenant Robert Seeley was " offered fifteen pounds, & a house belonging to the Sea-Brook fort repaired for his use, if he would reside : there, & take care of the ammunition." A tax of a penny on the
*
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pound was levied, to pay the colony expenses, "to be paid in wheat, peas, Indian corn or pork at current prices." Before adjourning, the court appointed "Wednesday come fortnight, to be set apart throughout the colony for a solemn day of Thanksgiving, for ye mercies y' God hath extended to this Colony ye yeare past, & particularly for ye good success God hath given to ye endeavours of our Hond Governor, in obtaining our Charter of his Majestie our Soveraigne : also for His gracious answer of our prayer in ye late drought in sending raine ; & for abatement of sick- ness & for ye hopes we have of settlement in ye waies of peace & right- eousness." *
At a town meeting held at Fairfield on the twenty-third of February, it was voted that every owner of a home-lot should maintain a good fence around his premises, or make restitution to his neighbor for any damages that might occur. For every day's neglect of this duty the owner was required to pay the fence viewers. John Banks, Thomas Staples and Samuel Drake, were voted a committee to have fences made in the great meadow before the town east of Paul's Neck; and they were to be paid according to the number of acres they fenced in, by the owners of the fields. If. there was any suitable plowing land belonging to the swamp land in this great meadow, it was to be devoted to the use of the Rev. Samuel Wakeman, to be improved at the town's pleasure. At the same meeting it was voted, that a day in the summer should be set apart for burning the fields, " & that the day should be made known to the inhabit- ants, by the drummer beating his drum from Goodman Try's to Cornelius Hull's; & on that day every man was to repair to his fences to secure them." A fine was imposed upon any one who should damage the new fences by burning the fields at any other time.
The General Assembly met at Hartford on the IIth of March. The particular cause for calling the Assembly together at this time was to make peace with New Haven, whose governor and magistrates were greatly incensed that their colony should have been included within the limits of the new patent. They had declared before the Connecticut Assembly at the time the charter was received, that they would not submit to the authority of Connecticut, and forthwith they made an appeal to the king. A letter was read from Governor Winthrop, who had returned to Eng- land, urging that force should not be used against New Haven ; that he had promised no injury should be done to that colony, and that the union of the two colonies should be a voluntary act. He hoped upon his return to effect an amicable union. This letter did not change the course of the
" Col. Rec. Conn., I., 390.
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Connecticut magistrates, and, in consequence of "this unbrotherly & unrighteous management," New Haven declared that they still appealed to his Majesty, "& that, exceedingly grieved & afflicted, they, in the sight of God, angels, & men, testified against such proceedings." John Adams of Fairfield was granted three hundred acres of land near New London, thirty acres of which adjoined the land of his father, in considera- tion of which he was to relinquish his right to his lands at Fairfield. At the May election Lieutenant Gold was elected a magistrate of the General Assembly, and Jehu Burr and Cornelius Hull deputies from Fairfield. Three pounds were allowed by the Assembly towards defraying the expenses of Fairfield, Stratford and Norwalk, for " transporting their corn to New London."
The expenses of the particular courts held at Fairfield, Stratford and Norwalk from March '61-62 not yet settled, were ordered to be paid out of the colonial treasury. It was also ordered that a particular court should be held at Fairfield for the plantations at the seaside, on the first Wednesday in November, " unless some extraordinary occasion should call for one more court the same year." Lieutenant Gold was appointed one of a commit- tee to settle with the Indian chief, Hammonasset, in regard to his lands in the eastern part of the colony, which afterwards comprised the townships of Clinton and Killingsworth. He was also made one of another com- mittee, to settle troubles which had arisen about the towns of Stamford and Westchester.
Richard Olmstead, Joseph Judson and John Banks made a report to the Assembly, that they had completed the boundary line between Strat- ford and Fairfield ; that they began at the place agreed upon by the two towns, " & have run almost two points from the north point towards the north-west, & run & measured to the extent of twelve miles ; & also have run the due cross-line at the end, which line runs on the south side of a spruce swamp, commonly called Monhantic, & so ends at the mouth of ye Brook, commonly called by the English, the half way brook, being above Paugusit.". The court ordered the deputies of the towns to meet at the May and October terms of the Assembly without further notice, according to the charter, and to bring certificates from the constables of their elec- tion. The constables were ordered to have charge of the watchmen of the towns, and to accompany them "where there was an approach of an enemy or by fire," and "to give notice thereof by fireing their guns, & crying Fire ! Fire ! Arms ! Arms!" In case they met any persons walk- ing in the street at an unseasonable hour, they were to examine them, and unless they could give a good account of themselves, they were to be sent
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to the constable and from the constable to the magistrate, "to give an account of their unseasonable walking." The watchmen were to begin their round of duty "in the evening by the shutting in of the day light ; & they were to continue on guard until the break of day," under a pen- alty,of Is. for every default .*
Owing to the Indians entering the towns in the night, the Assembly ordered " that whatsoever Indian should be found walking up & down in any town in this corporation, after the day light shutting in, except he give sufficient reason, shall forfeit 20$ 5d to the public treasury, & 58 to the informer ; or else be severely whipped with six stripes at least." It was ordered that this law should be published to the Indians. The list of estates presented to the October term of court from Fairfield was £11,030, 9s. 8d. A rate of a penny on a pound was levied on the estates in the towns, to defray the expenses of the colony. John Hurd and Joseph Judson of Stratford, were appointed to settle the boundary line between Fairfield and Norwalk, at the charge of the two towns. The Assembly thanked Governor Winthrop for his great pains in procuring the charter. The last Wednesday in October was " set apart throughout the colony, for a solemn day of thanksgiving for the mercies God has extended to us the past year, in the return of our honoured Governor; the recovery of our deputy governor out of his late sickness, the plentiful harvest, a season- able abatement of the waters, & continuance of peace & health among us."
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