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 21
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That the heirs of those who had died, and others who were absent, might not suffer loss in the division, provision was made, that their tenants or those engaged in improving their lands, should receive under their care, the new dividends. Samuel Drake's tenant, John' Loom, was to receive his proportion. Thomas Lyon was to receive his dividend in his own right from his tenant. Samuel Goodwin was to have his proportion as a master of a family. Daniel Finch was to have his dividend according to his tenant, Henry Castle's list of his estate. Phebe and Deborah Bar- low, the sole surviving heirs of Thomas Barlow, were to receive their father's proportion from their tenant, Edward Wilson. Isaac Sherwood and Na- thaniel Perry, were to receive theirs as masters of a family. Sarah Wilson, a daughter of Rev. John Jones, who was first a widow of Thomas Bulkley and at this time the widow of Antony Wilson, was to receive her propor- tion as a master of a family. Ezborn Wakeman, a cousin of the Rev.
* B, Town Votes, p. 28.
A deed of this land was drawn up and dated 19th of January, 1670, and is recorded in B of Town Votes ; but for some reasons, it was neither signed nor witnessed by the Indians or English purchasers. From this time, however, it appears to have been paid for, and regarded as fully pur- chased by the townsmen.
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Samuel Wakeman, was granted a share in the dividend at the rate of £20 estate. Major Gold was voted two hundred and fifty acres to be added to his proportion. Stephen Sherwood in like manner was granted an addition of eighty acres. George Squire, jr., was granted a child's por- tion, according to his list of estate from his father .* The town had voted thus far in attempting to deal righteously with its widows and orphans, when the idea probably occurred to it, that the vote in reference to orphans and widows was sufficient to cover such claims, and the matter was abruptly brought to a conclusion by a vote : "That the town hath put a stop to any farther grant of any commonage forever." John Banks and Cornelius Hull were appointed to advise together, as to the best way to lay out the commons, and make a report to the next town meeting. On the 30th of January the townsmen assembled again and voted the follow- ing plan for distributing the lands within the township.
Whereas ye Town hath already Concluded to divide ye Greatest part of ye Commons to ye Several Inhabitants, ye town hath this day ordered yt yer Shall be a dividend of Land, taken up by ye Several Inhabitants of ye Town yt have Right to Divide, upon both ye Sides of ye Town, to Each Inhabitant proportionable to yr due.
Ye Dimensions of ye field is as hereafter followeth: it is ordered yt ye west Dividend is to begin by Norwalk bounds, and to run back Eight Score rod, and So to Run towards ye Town Eastward from ye Said bounds about two miles and half : and ye Dividend of ye East End of ye Town is to Run from Stratford bounds westward, it is to run a mile and half, Running back Eight Score Rods, if ye Comons will bare it. Those Lots are to be taken into fence, when Each Inhabitant Shall See cause to make Such use of it as they Shall think meet : it is also ordered yt yer Shall be a Line drawn from ye bounds of Strat- ford to ye bounds of Norwalk, leaving Sufficient high wayes between ye farms and ye Divi- dends : it is also ordered yt ye Lands Contained between ye abovesaid two Dividends, Shall be alotted to ye Several Inhabitants proportionably for pastures for men to fence yr when y please, those pastures to begin att ye East End of ye Town att ye hither End of ye East dividend, and So to Run west to ye Mill-River, and to run back into ye woods Eight Score Rods : also ye pastures on ye other Side of ye Mill-River to begin Southward and So to Run Northward, to Run back eight Score rods to ye building Dividend : these pastures are not to be built upon-if any man in future Time Shall build upon his pasture, he Shall forfeit his pasture into ye hands of ye Town. its' also ordered yt ye farmers att Each End of ye Town, Shall have yr pastures adjoyned to yr building Dividends. the town hath also ordered yt ye abovesaid Dividends, both building and pasturing, Shall be taken up by ye Inhabitants of ye Town by house-Row, they to Run as followeth. ye widow Wheeler to begin next to Stratford bounds, and So ye neighbours to take up Successively westward as y Lands lye, till you come to Robt Turney's, he included : then to begin att Edward Adams, and So all those lying between, till you take Goodman Meacars and Goodman Jennings : then to begin att Hendricks and to Run to Mr Wakemans : then to begin att Mr Golds and Willm Hills, and to Run up yt Street till it Issue Wth Jnº Bulkly :
* B, Town Votes, pp. 30, 40.
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then to begin wth Couch and Andrus till farms have yr due next Norwalk bounds, and So to Run Eastward : then to begin att R. Ogdens, to begin his proportion of his building dividend where ye farms Ended, and he is to begin upon ye pastures over ye mill-River Southward. and So ye neighbours Successively, till you come to Mr. Harvie's, he included: then to begin wth Thos. Sherwington, and So up wth yt Street on both sides of ye high way- till you come to Barlow's children, they Included ; each Inhabitant to have yr proportions as this Land ordered to be divided, as the quantity yr of will allow.
The Town hath ordered yt yr Shall be a Common a Cros ye Town bounds adjoining to ye northwest Side of ye abovesaid pastures, to be half a mile broad, to be a Comon for Ever.
The Town hath ordered yt yr Shall be one mile broad from ye abovesaid half mile Common to Run into ye Country to ye End of ye bounds, to Remain a Common for ever ; it is also ordered yt all ye Lands on both Sides of ye mile Common (necessary high wayes Excepted) Shall be laid out to ye Inhabitants of ye Town, yt have Right to divide propor- tionably according to yr Due ; to be laid out by house Row according to ye method pre- scribed in ye abovesaid order, about laying out pastures and building Lots. Widow Wheeler to begin next to Stratford bounds and Simon Couch and Andrews to begin next Norwalk bounds, and So ye neighbourhood to take it up Successively inward, till all have yr proportions.
Jnº. Banks, Sergt. Squire, Cor : Hull and Mr. Harvy are appointed to lay out ye above- said building Lots and pastures, and to lay out wt high wayes they think necessary among ye Said Lots and pastures : also they are appointed to lay to every man his proportion of Lands on ye abovesaid Lands, lying on both Sides of ye mile Common: Every man to begin in his place next to ye half mile Common, and so to Run back to ye End of our bounds, necessary high wayes to be laid out .*
The highway which divided the half mile of common from the mile of common and the Long lots, began a little below Sherwood's grist mill, above Toilesome hill at Bridgeport, ran a little above the Stratfield Bap- tist church, crossed Mill river below Samp-mortar rocks, through the elm groves to the foot of Greenfield hill and the estates of Frederick Bronson Esq., and David Banks, through Hull's farms, past the old school-house ; ran above the Adams' academy at Green's farms, to the blacksmith's shop at Westport, and continued on to the old bridge, which crosses the Sauga- tuck river at Westport. The highway which ran below the half mile of common and the building and pasture lots, is at the present day, mostly in constant use, although some parts of it, like the above highway, has become overgrown with grass, shrubs, and vines. It began at the corner of Division avenue and the King's highway, at Bridgeport, ran to Jack- son's, now Moody's mill, and through chair swamp, forked to the north- west from the King's highway at the Jew cemetery, ran over Holland hill, past General Silliman's estate, to the rear of Osborn's and Round hills, to
* B, Town Votes, p. 41. See Map of Fairfield, Frontispiece.
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Richard Ogden's mill, now Burr Perry's mill, at Mill plain ; there forded Mill river, ran past the estate of the late Abel Beers, over Mill hill, and the grass-grown road, a little north-west of the present turnpike at South- port, crossed the turnpike below Sasco mill-ponds, and the farms of Joel and Francis Buckley, wound from E. Mills' corner, ran over Turkey hill to the farms of William Jennings, T. B. and H. B. Wakeman's, crossed Muddy brook below the Green's Farms church, at Rev. Dr. Hezekiah Ripley's old homestead ; and continued south-west, crossing the New York and New Haven Railroad west of Sherwood's island; re-crossed the railroad. and wound to the road at Compo, which runs due north to Westport village. The King's highway began at the corner of Division street, and ran west of Mountain Grove cemetery and Moody's mill, and is now called the back road to Bridgeport; from the fork of the road at the Jew cemetery south-west to the estate of the late John Gould, of Fairfield, through the main street of Fairfield, and through Mill plain, where it ran to the high- way which lay on the south of the half mile of commons, and the building and pasture lots to Westport.
The views of Long Island Sound and of the surrounding country to be seen from these highways are very beautiful.
It is the intention of the author of this work to give a second and larger map in the second volume, containing the lines of these highways, and of the highways between the Long lots, which were renewed about the middle of the eighteenth century.
The village of Greenfield was afterwards built upon the mile of com- mon, the south-east corner of which is bounded by the road which crosses the main road at the foot of the long hill leading up to the meeting- house. The half mile of common, which extended across the town, formed the division line between the building and pasture lots on the south-east and the Long lots above it. The Long lots commenced on the north-west of the half mile of common, and lay on the east and west sides of the mile of common, which extended to the north limits of the town.
The Rev. Samuel Wakeman was voted a share in the dividends, accord- ing to his proportion of ratable estate. In this dividend, parsonage land was ordered to be set off at the rate of two hundred pounds' estate, and school lands in the same manner. The liberality shown to the Rev. Samuel Wakeman exhibited the spirit of those days, and the high esteem and reverence paid to the minister of God. It was voted that hired servants should not be included as members of a family, thus preventing an over share of land, by increasing the number of heads of families. On the 15th of February the names of Hendrick Henrickson, Daniel Silliman and John
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Applegate were added to the list of dividend sharers, according to their list of estates. Simon Couch and John Andrews, in right of their deceased father Francis Andrews, were voted to receive their dividends only as one master of a family, which lands should be equally divided between them. They were also ordered to divide a portion of land at a place called the Horse-pasture, then in controversy, among the five Bankside farmers.
It was voted that highways should not be " run across any man's build- ing or pasture lot." The town granted Sergeant Seely " for his work about the meeting-house, the high way running through the neck below his house at the creek, & between him & Paul's Neck." By this vote it would appear, that with the repairs which had previously been made upon the meeting- house, it had become a goodly structure, equal to any in the colony in size and in comfortable accommodations.
Particular attention was directed to the Rev. Samuel Wakeman's farm at Saugatuck, by a vote, that he should have the privilege of annexing to it, according to his list of ratable estate, the use of the undivided com- mons for grazing his cattle. The idea appears to have existed that while the boundary line between Norwalk and Fairfield was in dispute, the grant of a large farm to Mr. Wakeman, and the use of land adjoining it, would hold the Norwalk planters at bay ; the influence of a minister in those days being equal to that of the whole town.
Nathaniel Seely, John Wheeler and John Green, were appointed to settle the bounds of the school lands in Sasco. On the 18th of April John Green was granted three acres of land above the bridge over Sasco river, "provided he maintained a gate-way at the front west corner of Daniel Frost's lot, to be well hung with necessary hinges."
On the 19th of April " the meadow at Sasco Neck below the bridge & above the dam, was confirmed to John Banks & those connected with him, in erecting a dam at Pine Creek."
At the same meeting, a new order of dividend was proposed ; which was, that the dividend line between the building lots, pasture lots, and the half mile of common should run as follows :
" There shall be a straight line from Stratford bounds to ye further corner of ye Round- hill, next ye Mill River, so as to clear ye cartway yt runs to Goodman Jackson's beyond Chair-swamp; & from ye said corner of Round-hill ye line is to run straight to Goodman Ogden's chimney of his dwelling ; & from thence ye line is to run straight to ye bounds already appointed near Norwalk bounds ; so as to clear a sufficient highway over Muddy- creek, where ye way goes over from ye farms over ye said creek. Also the town orders that ye tier of pastures that lie on the west side of the Mill-River, shall run in ye same
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range as ye building lots do; & Goodman Ogden to begin next ye building lots, & so ye neighborhood to take up successively, as is formerly ordered." *
Among those who had been nominated in October for the following year at the May election, Major Gold was chosen an assistant of the General Assembly; William Hill and John Burr deputies, and William Hill and Jehu Burr commissioners from Fairfield. Trouble having arisen at Rye, in regard to the discontent of some of the inhabitants with the new order of things, Nathan Gold and John Burr were made two of a committee to "repair thither, to compose the troubles & to procure an orthodox minister to settle there." If the inhabitants of Rye did not concur with the endeavors of the committee, they were invested with authority " to settle a minister for the work of that place," and to grant him a rate of forty pounds, which should be levied on all the inhabitants for this purpose, to be collected by the constable with the colony rate. Simon Couch, of Bankside, was so much aggrieved because the lands, which had been expressly stipulated in the agreement of 1666 should continue in the possession of the Bankside farmers, were included in the dividend lands, that he brought an action against the town for his rights in those lands from his father-in-law Francis Andrews. The matter was referred to Nathan Gold, William Hill and John Burr to settle as speedily as possible ; and if they did not satisfy the said Simon Couch, he was given liberty to present his case to the next October session of the Assembly. Jeremiah Adams gave his note of IOS. to pay for presenting this petition.
Richard Osborn, of Fairfield, was granted " eighty acres of land for his good services in the Pequot war."
John Banks and seven others belonging to the neighboring plantations, were granted liberty to purchase lands of the Indians, provided such pur- chases were at the disposal of the General Assembly, upon the said gentle- men being duly remunerated.
The governor, deputy-governor and the assistants of the Assembly, " were appointed a committee to examine the code of laws prepared by Roger Ludlow in 1650, & revise them for publication." The assistants at the seaside were particularly mentioned in this order. The towns were ordered "to pay for the hire of their deputies horses," while attending the General Assembly. The third Wednesday in June was appointed a day of fasting and prayer.
Upon the return of the magistrates from the General Assembly, a town meeting was held on the 14th of June, when it was voted to divide the
* B, Town Votes, p. 43.
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lands at Compo neck among the inhabitants of the town who owned taxable estates. John Banks, Cornelius Hull, and Francis Bradley were chosen a committee to examine and make report of the quantity and quality of the lands at Compo.
John Banks was chosen an attorney to defend the town, with liberty to employ one or more attorneys under him, at the October term of the Assembly, against the suit of Simon Couch. It was voted that ten pounds annually should be spent in stubbing and ditching the parsonage grounds. John Wheeler and Samuel Morehouse were " appointed husbands of this work." The valuation of the list of estates this year at Fairfield amounted to £9,967. A penny farthing was levied upon all estates for the colony expenses, to be paid in one-third each of peas, Indian corn and wheat. The first Wednesday in November was set apart a day of general thanks- giving, specially for the restoration of health, peace in the colony, and " for the peace as yet, through the goodness of God, enjoyed in their native country."
On account of several persons having expressed dissatisfaction with their building dividends, it was voted January 3Ist, that such persons should return these dividends to the town, and in lieu of them they were granted the same proportion of lands in the rear of these dividends in the half mile of common, provided there should be laid out "a highway twenty rods broad," between the half mile of common and the Long-lots; and eight score rods between them and the former building dividend. Sergeant John Banks, Sergeant Nathaniel Seeley, and Cornelius Hull were appointed a committee to lay out these lots, and also such highways between them as they deemed necessary .*
It was found, however, that even this change did not satisfy all. It was therefore voted, after those who " slipped or jumped their lots were first served, & the highways had been staked out, that others upon giving up their present building dividends should also receive shares in the Half Mile of Common." John Banks, Robert Rumsey, Daniel Lockwood, Jehu Burr, Nathaniel Burr, Obediah Gilbert and Thomas Morehouse, were the first who received the benefit of this last order.
Major Gold, John Burr and William Hill were appointed to settle the claims of Simon Couch and John Smith " to a lawful share in the land dividends, & to allow each, such a proportion of lands as they judged to be right," with the proviso, "that they were not to receive any more than they were entitled to according to their rateable estates." Those who lived on the east end of the town were to have lots set out to them
* B, Town Votes, p 45.
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within the east limits of the half mile common; and those on the west side were to be served in the same way, allowing a twenty rod highway between them and the Long-lots, and a ten instead of an eight-rod high- way between them and the building lots dividend. Sergeant Nathaniel Seeley, Cornelius Hull and John Wheeler, were appointed a committee to lay out these lots.
On the 15th of February, Sergeant John Banks, Henry Jackson and Thomas Staples were ordered " to decisively settle the bounds of the tier of lots over against James Bennet's, on the other side of Uncoa creek." An immediate division of the Compo lands was ordered to be made, against which "Captain Nathan Gold protested." The townsmen, how- ever, remained firm in their determination to claim and divide the said lands, and appointed Sergeant John Banks and Francis Bradley to lay out and settle all the necessary highways in Compo neck. Mr. Jehu Burr and his brother John Burr, were appointed to settle a long controversy between the town and the proprietors of the home lots, lying against the great meadow before the town, according to a vote of the major part of the townsmen. On the 28th of February the committee appointed to examine the lands at Compo neck made a report of "about 300 acres of good land, & 300 of worse land." It was immediately to be divided in two dividends, which were to run as follows:
.
" Ist At ye Island, ye Lots to begin there att ye South End, ye divisible land is 5 acres. 2nd ye pine plane beginning at ye beach, ye first Lots to Run by ye beach and So on to ye high way yt runs to ye Island, and fronts upon an highway running along by ye pound.
3rd Tear fronting against ye Great high way yt runs from ye Sea-beach up to ye Rocks att ye little ponds, ye lots to run over ye hills to ye high way at ye hazekee meadow and over ye Swamp yt Runs to ye muddy Creek, and ye meer Swamp to be accounted meas- ure. and also upon ye high way running from ye Swamp to Compo Creek's mouth : ye Lots to begin by ye high way by ye Sea, and So on northward till they come up to ye Rocks and ye great Swamp there is, an high way runs across two rods wide from ye great high way to Compo Creek's mouth under ye end of ye hill. 4th Tear to begin at ye North End of a piece of upland yt lies on ye north East Side of hazeky meadow, ye lots to run cross ye upland, to run westerly to ye mark'd trees, & So on over hazeky meadow, butting on ye rocks upon ye north west End & on ye north End, and So to run on ye point of Land near Dan'll Frost building lot, ye lots to run cross ye hill to ye marked trees of Each Side of ye hill. ye lots to begin att ye upper End of ye hill next Dan" Frost building lott, and So on untill they come to an high way by a marsh, ye brow of ye hill of Rocks next ye creek is not to be valued in measure. Ye Second Dividend being ye Rock Dividend, is to lye on both Sides of ye high way yt Runs from ye point of rocks to Handford path, and So to ye Lots to run back from ye Said high way as ye tear hath already been Surveyed : yr is to be a good high way left to run from ye great high way to Saugatuck River, & to lye between M: Wakeman's farm and ye Dividends. ye Comittee is to leave necessary high
II
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wayes for M! Wakeman to come to his meadow. ye first Lot to begin next ye high way yt Runs to Saugatuck River by M: Wakeman's farm, and So ye Lots to Run northward to ye end of ye tear, yr, ye lots to Run on ye Tear on ye other side of ye great high way, beginning northward of ye Teer, and So to Run Southward to ye End of ye Teer. he that begins So Successively in ye first Dividend of ye good Land, must also So begin in ye Sec- ond Dividend by ye high way by Mr Wakeman's farm and So on northward as is above ordered." *
A dividend of these lands was made on the 28th of February, to the dividend holders, and recorded on the same day. An interesting record, called the pounder's oath, was made at this time, which shows that the young fruit trees were grown in fields, and held in common by the towns- men. It also shows the care exercised in the healthy growth of fruit trees, which had been brought from England, or raised from imported inocula- tion, grafts, pits and seeds.
THE POUNDER'S OATH.
You A. B. being Sworn pounders for ye Town of Fairfield for ye year Ensuing, and untill new be chosen, and Sworn into your work, do Either of you for your Selves, Swear by ye great and dreadfull name of ye Everliving God, yt you will faithfully perform and Execute ye Offices you are Chosen to, without partiallity to any man, and to Spend So much time in ye Executing your abovesaid work as you Shall Judge necessary for ye pre- servation of ye fruits of ye Comon fields. So help you God in our Lord Jesus Christ.
At the May court of election, Major Gold was continued in his office of assistant of the General Assembly ; Jehu Burr and John Wheeler were chosen deputies, and Jehu Burr and William Hill commissioners for Fair- field. John Banks represented, or was one of the deputies for Rye this year.
John Green was appointed one of a committee to lay necessary high- ways at Rye. John Burr was made one of a committee to lay out a plan- tation north of Norwalk. The deputies were allowed ten shillings extra apiece, for special attendance at this session of the court, to examine the code of laws exhibited for publication. The governor and assistants were appointed to prepare a preface to the book. Deputy John Wheeler of Fairfield, was granted one hundred acres of land. On the 26th of June, the General Assembly held an extra session at Hartford, to take into con- sideration a letter sent by the king of England to Governor Winthrop, announcing his declaration of war with the king of France against Hol- land, ordering the governor and council of Connecticut to send out a proc- lamation of war against the Dutch in America; and to capture all ships
# Vote of Jan. 31, 1672. B, Town Votes, p. 46.
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of merchandise belonging to the States General. They were also notified that a fleet of ships was being made ready to prey upon the commerce of the West Indies, and the English colonies in America; for which rea- son, they were advised to provide for the safety and defense of the ships and vessels lying in their harbors; that all ships leaving the ports should sail in numbers for security, and be commanded by experienced officers. They were to submit to all orders and directions which they should receive, from time to time, from the Duke of York, who had been granted letters of marque and general reprisal against subjects, ships, goods, etc., belonging to Holland. This letter according to direction was immediately sent to Massachusetts .*
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