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 18
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Soon after this happy adjustment of the long-disputed boundaries, New Haven called a special court, and resolved, that while they could not approve of the course Connecticut had pursued towards them, nevertheless, " when an authentic copy of the determination of his Majestie's Commis- sioners is published, to be recorded to us, if thereby it shall appear to our committee, that we are by his Majestie's authority, now put under Con-
* That no grave-stones were erected to the memory of Mr. Jones or to any of his family is an absurdity. The country abounded with stones. The Blue Stone quarry at Greenfield. and the granite quarry at Pequonnock, with other suitable stones, offered an abundant supply of material. The very reverence entertained for Mr. Jones' position and years, would have led his people, as well as his family, to mark his grave, as many of the oldest inhabitants had grave-stones. See Mrs. Burr Perry's Grave-Yards of Fairfield.
+ Trumbull's Hist. of Conn., I., 525.
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necticut patent, we shall submit, by a necessity brought upon us, by the means of Connecticut aforesaid ; but with a salvo jure of our former rights & claims, as a people, who have not yet been heard, in point of plea."
On the 5th of January following, Governor Leete met with the General Court of New Haven again, when a letter was sent to the General Assembly of Connecticut, in which they said : "we now signify that having seen the copies of his Majestie's Commissioners determination (deciding the bounds betwixt his higness the Duke of York & Connecticut Charter), we do declare our submission thereunto, according to the true intent of our vote unto which we refer you." As their governor and magistrates had been chosen for the year, they also stated that they would make no change until the year had expired. From this time the union of the two colonies was fully settled, and thus Connecticut came to be possessed for so many years of the two capitals, Hartford and New Haven.
At a meeting of the General Assembly of Connecticut on the 20th of April, a series of propositions was presented by the Duke of York's com- missioners, the first of which was to the effect, that all the inhabitants in the colony should take the oath of allegiance in the king's name. To this the Assembly replied, that according to his Majestie's charter, a governor had been chosen, who had appointed meet persons to administer the oath of allegiance, which had already generally been administered, " & that it had been & shall be in his Majestie's name." To the second proposition, that all men of competent estates and civil conversation, though differing in judgment, may be admitted freemen, and have liberty to choose their civil and military officers, a reply was sent, " that this had always been done in the Connecticut colony." To the third proposition, that all persons should be allowed to enjoy the worship of God in whatever way they pleased, provided it did not tend to disturb the public, or hinder the main- tenance of the ministers regularly chosen in any town or parish, the reply was, " that they did not know of any one who had been troubled by us for attending his conscience, provided he had not disturbed the public." To the fourth proposition, that all laws derogatory to his Majesty should be repealed, the answer was, " they were not aware that there were any such laws, but if such existed they were repealed upon the receipt of the char- ter." A proposition from Colonel Nichols, that gentlemen should be appointed to assist in case of foreign invasion, was referred to the May term.
The governor and the other officers of New Haven were nominated to be assistants of the General Assembly of Connecticut. It was also unani- mously voted that all the former disagreements and actings, "on the part of the New Haven colony, so far as they concerned the Connecticut
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colony, be buried in perpetual oblivion never to be called to account." An effort to effect a more speedy way for conveying public letters through the towns, was left to the consideration of the other colonies. A committee was appointed to draw up a reply to a motion which had been made about the claims of the Duke of Hamilton. A reply was soon after sent to the effect, that the grant of Connecticut to certain nobles and gen- tlemen was made long prior to the Marquis of Hamilton's ; that it had been with great difficulty that the planters of Connecticut had subdued the Indians, spread over the tract of country they claimed ; " & that was little compensation for the blood & treasures they had expended in consequence of it, & defending it in his Majest e's interests against the Dutch & other foreigners ; that they had with great labor & expense cultivated the lands to their own & his Majesties interests; & that his Majesty, of his grace, had been pleased to confirm it to them by his royal charter, in which these reasons had been recognized."
At a town meeting held in Fairfield on the 29th of April it was voted, " That upon Wednesdays every fortnight after the conference meetings, there shall be a townsmen's meeting for the attentions of the town's occa- sions."
At the election in May, Lieutenant Gold was elected an assistant of the General Court, and John Banks and Thomas Pell, deputies from Fairfield Several magistrates were chosen from New Haven, and deputies from each of the towns formerly within that jurisdiction were present. Richard Laws was made a magistrate for the towns of Stamford, Greenwich and Rye, " & also to assist in the execution of justice in the courts of Fairfield & Stratford." The villages of Hastings and Rye were united in one planta- tion ; and Lieutenant Gold, and John Banks were appointed with Mr. Laws, to settle whatever disputes existed between the two places, and to run the boundary line between Stamford and Greenwich .* The second Wednesday in June was appointed a day of fasting and prayer in the colony. A gen- eral session of the Assembly was held on the 6th of July, to take into con- sideration such active measures as were necessary for a threatened invasion by the Dutch. War had been declared between England and Holland, and Admiral De Ruyter with a large force had been ordered to New York. The king had warned his subjects in the colonies to place themselves in a posture of defense. Committees were appointed in each town to guard the coast and to give notice of the approach of the enemy. Lieutenant
* The villages of Rye and Hastings remained within the Connecticut colony limits until 1683. when, by the terms of agreement between the agents of the two colonies for the determination of their bounds, a new line was established, and Rye was annexed to New York.
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Gold, Assistants Sherman, Camfield, Judson, Laws, and Lieutenant Olm- stead, or any three of them, were appointed a committee to guard the towns from Stratford to Rye, and to order the best way for relief in case of an attack. Happily, De Ruyter was needed at home, consequently the colonies and the Duke of York's commissioners were not molested.
The keys of the town pound were given to Henry Lyon ; and if any persons did not redeem their cattle from the pound within twenty-four hours after being notified, the marshal was ordered to make sale of some part of the creatures at an outcry, twenty men at least being present. The overplus of the poundage was to be paid to the owner. On the 30th of September the townsmen ordered that the meadows should be sown with English grass-seed.
The choice of a new minister at Fairfield was happily made on the 30th of September, at which time the Rev. Samuel Wakeman was elected " by a free vote" of the townsmen, " to take upon him the office of a pastor." It was also voted : "He is to make use of the parsonage land while he teacheth, & is a pastor among us." No mention is made in the town records of Mr. Wakeman having been the assistant of the Rev. Mr. Jones, but he undoubtedly occupied that position. He had not long been estab- lished in his ministerial office, before he was called upon to take an active part in the questions of church discipline. One of the chief difficulties with which our ancestors were obliged to contend, was the confusion of church with state affairs, by which the chief magistrates of the General Court and of the towns, undertook to make laws for the government of the churches, whereby a strange intermingling of ecclesiastical and civil affairs was brought about. In order to settle the various questions which had arisen in regard to church membership, baptism, etc., the General Court in October of the following year, ordered that a synod should be called to consider and debate these matters, and that the questions to be presented to the elders and ministers should "be publicly disputed to an issue." Both the General Courts and the commissioners of the united colonies, advised a council of ministers and teaching elders from all the towns in the New England colonies. The ministers of Connecticut, however, were opposed to such a council, and consequently it did not take place at this time.
In the month of October the General Assembly ordered that the county courts should be held at New Haven, the first on the second Tuesday in June, the other on the third Thursday in November, which courts were to consist of " not less than two Assistants with two or more Commissioners, or five judges at least, for the trial of all cases, except limb
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or banishment." Thus the first county courts were established .* Every town was ordered to have a town-brand, and a person appointed to mark horses and enter them on the records, with their color and age. The brands were to be in letters on the near shoulder. The letter F was made the Fairfield mark. A penalty of 20s. for any horse sold without due attention to this order was required. The list of estates at Fairfield this year were valued at £11,253, 12s. Two superior courts or courts of assistants, consisting of seven judges at least, were ordered to be held yearly at Hartford, the first on Tuesday before the General Assembly in May, and the other on Tuesday before the October Assembly, to which court the county courts might appeal in cases of capital crime, " respect- ing life, limb or banishment." All appeals to the court of assistants were to be tried before a jury, if the case required. Instead of the four quarterly courts held at Hartford, two county courts were ordered to be held in March and September as formerly. The last Wednesday in November was appointed a thanksgiving day in all the towns "to return praise to God for his great mercy to us, for the continuance of our liberties & privi- leges both Civil & Ecclesiastical; & for our peace, & preventing those troubles that we feared by foreign enemies ; & for the blessings of the fruit of the earth & the general health in the plantations."
All the towns in Connecticut had at this time every reason to rejoice for the many blessings bestowed upon them. The conservative course begun by Roger Ludlow and his associates in the first planting of the colony, and the liberal spirit of the constitution, both in civil and ecclesi- astical affairs, especially in the freedom of its civil franchise, had placed the colony far in advance of its sister colonies, and obtained for it the favor of the king, as well as of his Majesty's commissioners.
Soon after Colonel Nichols had been made governor of New York, Sir Robert Carr, George Cartright and Samuel Maverick went to Boston, and at once entered upon the business assigned them, of examining the validity of the English claims. In Massachusetts they went so far as to interfere with the established laws, especially in regard to their civil franchise, and to dictate that all men of a good and honest conversation, should be allowed the liberties of freemen without being church members.
Massachusetts resented the course of the king's commissioners, and while their chief ministers and magistrates expressed their loyalty to the king, they tenaciously adhered to their charter privileges. Highly indig- nant at this opposition, the royal commissioners made a very unfavorable report of their mode of government. An address which had been pre-
* Conn. Col. Rec., I., 25.
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pared by Governor Winthrop and Secretary David Clark, and which was ordered in October to be presented to the king by Secretary Bennet (then secretary of state and afterwards Lord Arlington), in regard to the claims of the Duke and Duchess of Hamilton, was most graciously received. On the Ioth of April a letter was dispatched to the governor and council of the colony of Connecticut, wherein the gracious manner in which the king's commissioners had been received by them was acknowledged, and " the dutifulness & obedience of the colony highly commended," inas- much as it seemed " to be set off with more luster by the contrary deport- ment of the colony of Massachusetts, as if by their refractoriness they have designed to recommend & heighten the merits of your compliance with our directions, for the peaceable & good government of our subjects in those parts ; you may therefore assure yourselves that we shall never be unmindful of your loyal & dutiful behaviour ; but shall upon all occasions, take notice of it to your advantage, promising you our constant protec- tion & royal favor, in all things that may concern your safety, peace & welfare."
At a town meeting held at Fairfield on the 15th of December, John Banks was appointed "to make diligent inquiry in regard to those persons who entertained strangers without the consent of the town." All the common swamps and lands, large highways excepted, were ordered to be sold by John Banks, the treasurer, in parcels, at an outcry the first Monday of the next April. Cornelius Hull was " granted liberty to change the land for his hop garden, for any other place upon the Aspetuck river in like quantity." Liberty was granted for any one to erect a fulling mill in the town. Peter Coley was chosen to seal the weights and measures, and to be a sworn packer of meats. Lieutenant Gold, John Banks and Wil- liam Hill were appointed a committee to meet with the farmers of Maxu- mux, " to treat with them concerning what relation they stand to us, & what the said committee shall do in the premises the town will stand to."
The Bankside farmers had asserted their independence, and in defiance of the efforts of the townsmen to include them within their limits, they assumed their rights on the strength of their first purchase of the Maxu- mux lands of the Indians. They had fenced in a large meadow north of Sherwood's island and Gallop's gap, called the horse pasture. A herds- man was always on watch to care for both horses, cattle and sheep. There was still another meadow called Plaistead's meadow, which came to be disputed between the farmers and the town, afterwards called the Gained meadow. Cornelius Hull was appointed an agent and attorney for money
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due the town from the planters for grass-seed, which had been sold them by Mr. Burr, for sowing the common meadows.
At the court of election in May, Nathan Gold was made an assistant of the General Assembly, John Burr and John Banks, deputies, and William Hill and John Banks, commissioners for Fairfield .* About this time Nathan Gold received the title of Major.
John Banks was made one of a committee to examine the value of a tract of land, which the Indian sachem Tauntonimo had sold to Richard Baldwin, of Milford ; and also to report to the Assembly "if the land at Paugussett was fit for a township."
Any two assistants or commissioners were given liberty to administer the oath of fidelity to the king, in their respective towns, and to such of the neighboring towns as had no assistants. If any refused to take this oath, their names were to be presented to the next General Assembly. Major Gold, in his office of assistant, with Assistant Sherman, of Strat- ford, was appointed to administer this oath at Fairfield. The commis- sioners were invested with the same power as the assistants, within the limits of the towns in which they lived. It was ordered " that the terri- tory lying between the east bounds of Stratford to the west bounds of Rye, should be called the County of Fairfield; & that the County Court should be held at Fairfield, on the second Tuesday in March, & the first Tuesday in November yearly. Each County Court was to consist of at least one Assistant & two Commissioners to act as judges." Three assistants might act as judges in case the commissioners neglected their duty. A special court could be called by the assistants or commissioners in extraordinary cases, provided it was no expense to the colony.
Attachments on property for debt were not to be sold without a hear- ing before the higher courts. Wills and inventories were to be exhibited before the county court, and the distribution of estates made by the same court, either according to the will or the decision of the court. That orphans might be protected from injustice on the part of those who had the care of their property, all sales of their houses or real estate were made null and void, without the sanction of the General Assembly ; and all receipts over and above the appraisal value of property were to be paid over to the lawful heirs at the settlement of an estate, and the property, kept in good repair by those appointed as administrators.t The magistrates of the towns were instructed to agree upon some effectual course to prevent the spread of contagious diseases from vessels coming into port. Persons who attempted to vote at the annual elections, who had not been made freemen
* Col. Rec. Conn., II., 31. + Col. Rec. Conn., II., 39.
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of the colony, were " fined five pounds for each transgression." William Hill was appointed clerk of the county court of Fairfield.
The committee appointed by the town to settle with the Bankside farmers, entered into a final agreement with them. This was the second . agreement made with the town, and was as follows :
1
" Articles of Agreement between Nathan Gold, John Banks, John Burr, Cor. Hull & William Hill, on behalf of the town of Fairfield, of the one party, & the farmers at Maxa- mus, alias called Bankside on the other party, witnesseth :
Imprimis. It is agreed that the above said farmers & the town of Fairfield shall for the future be one township. The above said farmers do adjoin their mile as an addi- tion to the bounds of the town of Fairfield ; & said farmers are to be equal in town privi- liges & charges, according to their proportion, with the rest of the inhabitants of the town of Fairfield. The said farmers are to be subject to town orders about fencing or whatever else shall be ordered, as any other inhabitants of the town of Fairfield are.
2. It is agreed that the farmers shall possess as their propriety all such land & meadows as they have already in fence, with all such mowable marsh as lieth without fence, as is on the east side of Compo creek, leading up to Muddy river, which they have now in their possession. 3. That if said farmers desire it, there shall be laid forth to each farmer, in some convenient place, fifteen acres of upland for their use & propriety. 4. It is agreed that John Green shall enjoy freely five acres he possesseth on the west side of Compo creek, to be to him & his heirs forever, if the town see good to grant it. 5. It is agreed that there shall be maintained out of the town treasury, a sufficient foot-bridge over Sasco & the Mill rivers. 6 It is agreed that the farmers shall appoint at some inhabitant's house. within half a mile of the meeting-house, where notices shall be left of any town meeting which shall be to them a sufficient warning. 7. It is agreed that such
agreement as said farmers have already entered into about a bridge over Gallup's Gap going to their lands, shall be abiding as formerly, each with the other, notwithstanding the above agreement of the farmers with the town. 8. It is agreed that such Indian deeds, whether by gift or purchase, shall be surrendered up to the town upon considera- tion of the premises by the farmers. 9. It is agreed that the farmers' west bridge near their houses, which now lieth over the creek, shall for the future be maintained out of the town treasury. The farmers with cows are not to pay to the town herd. 10. It is agreed that the true meaning of the above said third article concerning the grant of more land, doth only respect the five first farmers that settled there, viz. : Thomas Newton, Daniel Frost, Henry Gray, John Green & Francis Andrews. 11. It is agreed that the farmers' grant unto Robt. Beacham of two acres of land, which now lieth within fence, shall remain good & valid to the true performance. All the above said parties have hereunto set their hands this 29th day of June, 1666 .*
Daniel Frost. John Green. Simon Couch. Henry F. Smith."
Francis Andrews having died before this agreement was made, he is
* State Archives, Hartford, Conn., B, Town Votes, p. 22.
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represented by his son Daniel Frost and his son-in-law Simon Crouch or Couch, and Henry F. Smith. Josiah Harvey was granted from the town three hundred acres of land above the Mill river. One Mr. Blacklidge " was ordered to leave the town & not take up his residence here." Any one who killed a bear between this and the next town meeting, was to receive " fifty shillings for each old bear, & for each cub twenty shil- lings." An extra session of the General Assembly met at Hartford on the 26th of July, to make preparations for the reduction of the French and Dutch in America, especially the French in Canada. King Charles had declared war against the Dutch on the 25th of February, 1665. This war had grown out of the jealously which the English entertained towards Holland, for, in spite of all the efforts which had been made to "extend their trade, they had been baffled by their vigilant rivals to their loss & dishonor." The Dutch had also made settlement at New Africa, from whence the first guineas coined in England were made.
A fleet of ninety-eight sail was fitted out, and placed under the com- mand of the Duke of York, and under him by Prince Rupert and the Earl of Sandwich. A battle took place June 3d off the coast of Suffolk, when the Dutch were vanquished, with the loss of nineteen ships sunk and taken, while the English lost but one ship. This victory so alarmed Louis XIV., lest the English should gain control over the sea, both in naval and commercial interests, that he resolved to assist the Dutch, and declared war against England January 16 (1666). He was soon after joined by the King of Denmark. This league is known by the name of the Triple Alliance. On the 18th of the following month, the governor and council of Connecticut received a letter from the king, with orders to supply themselves with " ships & land forces, to subdue their troublesome neigh- bors." Forty horsemen were ordered to be sent immediately to Spring- field, to accompany the troops to be sent by Captain Pinchion to Fort Albany. A committee was appointed to wait upon Major Gold, to require him to accept of a commission to the office the colony had chosen him to fill.
A committee to conduct necessary measures to carry on the war was appointed. Every town was ordered to place the militia and seamen in proper order, for an offensive and defensive war. Strict orders were issued against firing off guns in the towns, save upon the approach of enemies, under a fine of five pounds, or two months' imprisonment. Every soldier, upon an alarm of danger, was ordered to repair with alacrity to the place appointed by the chief officers for meeting, under a penalty of five pounds, imprisonment or corporal punishment, unless good reason
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of inabilty to attend was given. The king's letter to the governor and council of the colony was read before the Assembly on the 3Ist of July. It was voted that the governor and deputy governor should enlist the Indians to assist in case of an invasion. The pike bearers of the train- bands in the plantations, were ordered to supply themselves " with pikes, not less than fourteen foot long, well headed with iron." The selectmen were ordered to purchase poles and fit them up for the use of the militia " as town stock." Out of every hundred soldiers, twenty pikes were to be kept in readiness, and to be prepared as speedily as possible. The destruction made by this war, combined with the dreadful plague, and the great fire which visited London this year," were looked upon as judgments from heaven, and led the king and his cabinet to make overtures of peace, which was effected at Breda in May, 1677.+ Thus the towns in the colony were saved a few years longer from the calamities of a war with the French and Indians. In August the townsmen of Fairfield voted that any one who left the gates open which guarded the common fields, if they were capable of being shut, should be fined five shillings. Thomas Oliver and others, who had been engaged in building a bridge over the Uncowa river, were desired to finish it on their own account; but if in the future the town should see fit to have bars, or a gate, for the safety of cattle it should be paid for out of the treasury. A horse-bridge was ordered to be made over the mouth of Sasco creek.
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