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 28
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On the 15th of October, Sir Edward Randolph was appointed by William Braithwait, deputy for New England. This step added to the former fears of the colonists, but Governor Leete addressed a letter to the king's commissioners of custom at London on the 24th of January, in which he gives assurances of the fidelity of the Connecticut planters, and promises "to grant Mr. Randolph such necessary aid & assistance as might be requisite." He closed his letter by saying : "If any Lords of the Privy Council or Treasury will concern themselves to father our light, in this or anything proper to our loyalty, we shall thankfully accept the same, and do our duty therein." At the May election Major Gold was made an assistant of the General Assembly, John Wheeler and Richard Hubbel, deputies, and Jehu Burr and John Burr, commissioners. For services rendered the colony in and about Middletown, and for injuries received, Henry Wakeley of Pequonnock, was granted two hundred acres of land, which was laid out to his heirs some years afterwards, west of Newtown, between Fairfield and Danbury.
The law prohibiting the importation of deer skins, so largely used for clothing, was repealed, with the proviso, that if any one within a month before transportation, gave notice at a town meeting, or by a writing fastened upon the tavern or mill door, and should find a purchaser for his skins in the town or colony, at six pence per pound, in wheat or money, he should not send the skins out of the colony, under a forfeiture of the full value of as many skins shipped as the purchaser desired.
The restraint laid upon grain by the governor and council during Philip's war, was also removed. Seven years were allowed for collecting
* B, Town Votes, Dec. 21, 1680.
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. HISTORY OF FAIRFIELD [168 1
debts. Besides two pence allowed by law on the shilling to the collector of taxes, he was also allowed four pence for every mile traveled, and necessary ferryage, in case of levying for non-payment. On account of a great abuse in the colony in branding horses, private persons were for- bidden to brand them. Each owner was required to take his horse to the regularly appointed brander of the town in which he lived, under a penalty of 40s. No bargain or sale of any horse was made binding, unless recorded in the town Brand Book, where he was sold .*
It was also ordered that " if any person should take up, or brand or mark any horse contrary to this order, he shall pay for the first offense five pounds to the treasury, or be whipt ten lashes on the naked body ; for the second offense he shall pay ten pounds or be whipped twenty lashes ; for the third offense he shall be committed to the house of correction, & there be kept at hard labor & with coarse diet for six months, & be whipped once a quarter severely, or pay a fine of twenty pounds." All stray horses not branded, over two years old, were to be sent to the con- stable, who was to cry them for three days in the three next towns; and if no owner appeared by the end of three weeks, he, with the advice of the nearest assistant or commissioner, was to sell them, or mark them for the use of the county. t
That commerce might be facilitated, encouragement was given by the Assembly to ship-builders; and that none but good ships might be built, a law was passed, " that before vessels of over fifteen tons were planked, the owner or builder should repair to the nearest magistrate or commis- sioner, who should appoint one or more capable persons to examine the work & workmen, as was usual in England, under a penalty of ten pounds." Black Rock became for many years a resort for ship-builders, and vessels of considerable size were built and launched from its ship- yards. Smaller vessels were built at Southport, at Palmer's ship-yard.
On the 18th of May, the Indians gave a quit claim deed of the Old Indian Field to the townsmen of Fairfield. On the 25th of July, Richard Thayre addressed a letter to Governor Leete, in which he stated that he was employed by the executors of John Wampus, to make inquisition after the estate which his father, Romanoak, gave him; that he had applied to William Hill, the town recorder, for information in regard to the claim of Wampus, " who stated that he had the evidences in his cus- tody, but would not deliver them or copies of them, without the advice of Major Gold ; " that on the 22d of July he had summoned the recorder to give his evidence before the magistrates of the town, which he had refused
* Letter B, of Fairfield Town Votes. + Col. Rec. Conn., III., 79.
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to do. Finally he demanded an order from the governor to be allowed to measure the lands Wampus claimed. On the same day the governor and assistants replied, that they were willing to allow all lawful acts in this as in other cases, " but to suffer strangers to draw lines within townships, without order or consent of the town, we think not safe to encourage." * This appears to have ended all claims which Wampus or White laid to the Aspetuck lands. At the October session of the General Assembly, the county rates were reduced to two cents on the pound, but if any per- son paid his full rate in money, one-third of his tax was abated.
Fully resolved to resist all claims and demands made on the colony, save under the laws of the General Assembly, an order was issued, "that no Brief craving the collection of the good people in this colony, shall be read or attended to in any plantation, without the sanction of the governor & his council; & by their direction into what towns & congregations it shall pass, except for some special occasion, for some distressed or afflicted person." The court of assistants for the future was made a court of admiralty. "In the months of June, July & August a drought prevailed throughout the country, which caused great loss of corn & grass, valued at many thousand pounds." There was a great deal of sickness from a malignant fever, " of which many died." In December, a list of the num- ber of acres, and the value of the estates granted to the inhabitants of Fair- field was recorded. A second list was recorded on the 30th of December following of the building lots, pasture lots and long lots, granted to the inhabitants in 1670. This list is invaluable in its exactness of the number of acres, rods, quarter acres and feet ; as well as the width of the long lots belonging to each land dividend holder. +
A vote was passed on the 30th of December, that Faul's Neck should be laid out with sufficient highways about it.
The Indians having removed from the Old Indian Field, and transferred their right to the planters of Fairfield, on the 10th of March it was voted, at a town meeting, to divide the said field among the lawful land dividend holders. John Wheeler and Samuel Morehouse were appointed to survey and lay out each planter's proportion. At a town meeting held on the 25th of April, Josiah Harvey was granted " a parcell of land in pay for thirty-eight shillings he lent the military company of Fairfield, toward purchasing a set of colors."
At the May election Major Gold was made an assistant of the General Assembly ; Jehu Burr and John Banks deputies ; and Jehu Burr and John
* Vol. I. Towns and Lands. State Archives of Conn., p. 196. Col. Rec. Conn., III., 282. + See Appendix.
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Burr commissioners. A heavy fine was imposed upon the guard at meet- ing-houses neglecting their duty. Major Gold was made one of a com- mittee to settle a dispute between the Potatuck Indians and the planters of Woodbury. John Banks was appointed one of a committee to audit the colony accounts; and also the accounts between the colony and Hartford county. The last Thursday in May was appointed a day of fasting and prayer in every town in the colony, "to beseech the Lord to bless the fruits of the fields, the trees & and all the labors of our hands ; " to grant them their civil and religious liberties, " & to continue to be their defense in the midst of them." Sore sickness and many deaths had occurred in the colony ; and the blight upon the fruit and harvest of the previous year was regarded a judgment from God for the sins of the people.
At the October session of the Assembly it was ordered : "that a sign post should be set up near the center of every town," where, " proclama- tions, sales of houses & lands, or any other occasion should be set up to be read." The sign post at Fairfield was erected upon the green, directly opposite the meeting-house.
The colony tax was at this time reduced to a penny half-penny on the pound. On account of numerous unruly persons thrusting them- selves into the towns, contrary to the law that only accepted persons by a vote of the townsmen, should be allowed to live in the towns, whereby much mischief had been made, a fine of twenty shillings per week was laid upon all persons who should in any capacity take up their residence in any part of the colony, except apprentices and servants bought for hire. Vagrants or suspected persons "without certificates that they were per- sons of good behaviors," were ordered to be sent from constable to constable to the place from whence they came.
The towns on Long Island Sound had for some years past been much annoyed with pirates, who had been especially troublesome within the past year. Some of them were captured, but they caused considerable uneasiness, on account of their seizing vessels going out to sea, and prey- ing upon the cattle and grain along the coast. A law was passed that all persons captured on board vessels of a suspicious character, should be sent to the common jail, and " two & two chained together, legs & hands, sent to the place from which they came."
On the 10th of February the number of acres, quarter acres, rods and feet, were laid out to the land dividend holders, according to the list of March 10th in the Old Indian Field .* During this year the first and second Compo dividends were also assigned to the lawful holders. At the May
* See Appendix.
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election Major Gold was made an assistant, Jehu Burr and John Banks deputies, and Jehu and John Burr commissioners. In order to bring money into the colony and increase trade, the Assembly ordered that all silver pieces of eight, Mexican, pillar or Spanish money, and civil pieces, should be valued and passed at six shillings apiece; half pieces and quarter pieces to be valued proportionally. Good Peru pieces were to be valued at five shillings, and all smaller pieces accordingly. John Banks was again appointed one of a committee to audit the treasurer's account with the colony.
Independent of the former perplexities, Edward Randolph having received a power of attorney from the heirs of the Duke and Duchess of Hamilton for a renewal of their claims in New England, he appeared before the commissioners of the united colonies at Boston on the 30th of June, with a view of establishing their assumed title. But as the duke's patent exhibited by Randolph, had no proper signature or seal affixed to it, an answer was returned by the governor and council on the 18th of December: "That it was presumed the said original deed was never com- pleted according to law; " and "that there is no evidence of the ratifica- tion of the deed from the Great Council of Plymouth;" that even if such a deed had ever existed, " the grantees had not complied with the conditions or considerations on which all the grants of the Plymouth Council were founded, by propagating the Gospel, & planting a colony to the enlarge- ment of the king's dominions ; " and that they had never taken possession, purchased the native right, or made any legal claim to the territory.
That the grant or patent from the council to Lord Say and Seal, Lord Brooke, etc., in 1631, preceded that to the Marquis of Hamilton, and included the greater part of the same territory; and that this patent, assigned to Connecticut, was confirmed by the charter of Charles II., who, in his letter of April 23, 1664, " was pleased to call his grant a renewing of our charter." That the duke having failed to make known his preten- sions, the colonists of Connecticut had purchased the native right, and under the protection of the King's Letters Patent and special encourage- ment, had planted and improved, etc., and engaged in chargeable and bloody wars to secure their rights, etc.
That the duke's title, if his deed had been good, fails by the statute of limitation, he not pursuing his title in twenty years .*
In the midst of great and bitter trials, the last Wednesday in October was appointed a day of public thanksgiving throughout the colony for mercies bestowed in relieving, in a measure, the sore sickness which had
* Col. Rec. Conn., III., 335, 336.
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prevailed ; for sparing as much fruit as they had enjoyed; and for con- tinuing their civil and religious liberties. At the same time, a day of prayer and fasting was ordered to be kept the last Wednesday in Novem- ber, with prayers for the continuation of their civil and religious liberties, and for the mercy of God's loving-kindness in their hour of great depres- sion and sorrow.
The arrival of Dongan as governor of New York about this time, who laid claim to all the territory twenty miles east of the Hudson river, was made a cause for calling the General Assembly together on the 14th of November, with the hope of bringing about some satisfactory settlement, in regard to the boundary line between the province of New York and Connecticut. Deputy-governor Bishop, Major Gold, Captain John Allen, and William Pitkin, were appointed a committee to visit Governor Dongan, with instructions to extend to him the congratulations of the Assembly upon his arrival at New England, and his highness' territories in America. They were further instructed to grant Governor Dongan's claim of twenty miles east of the Hudson to the Mamaroneck river, and to use all amicable endeavors to make this river the western bounds of the colony of Con- necticut. At the same time the Assembly took occasion to address a letter to the king of England, in which they refute the charges made against them by Edward Randolph, as sympathizers with the conspirators in the late treasonable Rye-house plot, against his Majesty's person and kingdom. They declared that they would "make it manifest by their words & works, prayers & practices, that we are men of other principles ; & do heartily return thanks to Almighty God for the preservation of your Majesty's government, & do account it our duty to make supplications, prayers, intercessions for kings, especially your Majesty & government, & all in authority, that under them we may lead a quiet & peaceable life in all godlyness & honesty." In conclusion, they most humbly prayed the king for the continuation of their former privileges and liberties contained in his royal charter, " that our poor beginnings may prosper under your shadow to the glory. of God, & the enlargement of your majesties dominions, &c." *
Without delay Major Gold and the other members of the committee visited Governor Dongan, and after due deliberation brought about an agreement with him that the boundary line, "should begin at Byram river where it falleth into the Sound, at a place called Lyon's Point, t-in
* Col. Rec. Conn., III., 136, 138.
+ Col. Rec. Conn., III., 330. Thomas Lyon was one of the planters who removed from Fairfield to Greenwich, after whom Lyon's Point received its name.
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every place twenty miles distant from the Hudson river, between the ter- ritories of New York & the colony of Connecticut-to extend northward to the south line of the Massachusetts colony."
At the May election Major Gold was again chosen an assistant, Jehu Burr and John Tyler deputies, and Jehu and John Burr commissioners. The Assembly, approving of the agreement between their committee and Governor Dongan, appointed John Banks and Jehu Burr, with Jonathan Selleck of Stamford, to meet Governor Dongan's committee to survey and lay out the boundary line between New York and Connecticut. John Banks and Jehu Burr, with Cornelius Hull, were appointed to measure out to Samuel Rogers of New London, three hundred acres of land granted to him at the last October Assembly. Jehu Burr and John Burr, with Thomas Fitch of Norwalk, were made a committee to order a planta- tion " above Norwalk or Fairfield," at Paquiage or Danbury, " & to receive inhabitants to plant there."
Again the last Thursday in May was appointed a day of fasting and prayer throughout the colony. Constant complaints having reached the king that no law existed in the colony for the punishment of pirates, a letter by his order was addressed to the governor and council of Connec- ticut, requiring that a law, accompanying his letter, should be enforced for the suppression of piracy. Governor Treat called an extra session of the Assembly on the 5th of July, at which time the king's act was accepted, and all the magistrates and assistants throughout the colony were given authority to raise necessary forces for its enforcement. In October Jehu Burr was made one of a committee to audit the treasurer's account. Pieces of eight shillings were reduced to six, and smaller pieces in the same proportion.
Special acts were passed this year by the General Court for the sup- pression of vice in the colony. The select-men, constables and grand jury- men in every plantation, were ordered "to have a special care in their respective places to promote the due & full attendance of the laws made in May 1676," under a penalty of Ios for every neglect of the said laws."
The evils which had crept into Fairfield, as well as many other towns in Connecticut, were in striking contrast to the happy state of morality of the early days of the settlements. Of these days one writer says :
" Profane swearing, drunkenness, & beggars are but rare in the compass of this patent, through the circumspection of the magistrates, & the providence of God hitherto, the poor there living by their labors & great wages, proportionably, better than the rich, by their flocks, which, without exceeding great care, quickly waste."}
* Col. Rec. Conn., II., 280-283. + Lechford's Plain Dealing, p. 67.
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Another writer states :
" I thank God, I have lived in a Colony of many thousand English almost these twelve years, & am held a very sociable man ; yet I may confidently say, I never heard but one oath sworn, nor never saw one man drunk-in all this time I can call to mind." *
The Rev. Hugh Peters wrote in 1660 :
" In seven years, among thousands there dwelling, I never saw any drunk, nor heard any oath, nor (saw) any begging, nor Sabbath broken."
Cotton Mather states :
" I have read a printed sermon, which was preached before both houses of parlia- ment, the Lord Mayor of London, & the Assembly of Divines; the greatest audience in the world; & in that sermon the preacher had this passage, ' I have lived in a country where in seven years I never saw a beggar, nor heard one oath, nor looked upon a drunkard. Shall I tell you where this Utopia was ? 'TWAS NEW ENGLAND.'" +
The fate of wars, increase of comforts and luxuries, a more frequent communication with foreign parts, and the one constant demand above all others of civil and ecclesiastical liberties, with the unhappy state of affairs in the mother country, were the causes which led so many to deviate from the early morality of the planters and their families. Emigrants, from time to time, of different thought and training, had settled in the towns and sown the seeds of evil and insubordination. Perhaps no town in Connecticut made greater efforts than Fairfield to keep these intruders from dwelling within its limits.
Owing to great neglect of the public highways, a law was passed appointing surveyors, duly sworn to their duty, in each town, to clear the main highways of all " sloughs, bushes, trees & stones, & keep them in good repair " from Hartford to New Haven, and from New Haven through Fairfield to Greenwich. The town of Fairfield sustained a great loss at this time in the death of John Banks, who died on the 12th of December. For many years, as has appeared in this history, he was one of the most respected and useful lawyers and citizens in the colony of Connecticut. Few men in New England were more highly esteemed for wisdom, trust, and executive ability. Year after year he traveled from place to place, in the exercise of his official appointments. Now, after a well spent life of great usefulness, he was gathered, with the fathers of Connecticut, to his rest.
The committee for running the boundary line between New York and Connecticut, having completed their work, made a report of the same to the governors of Connecticut and New York, which was accepted and ratified by them at Stratford, on the 23d of February.
* Ward's Simple Cobbler of Agawam (1647), p. 67. + Magnalia, Vol. I., B. I., p. 95.
X
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The death of Charles II., which occurred on the 6th of. February, was immediately announced by letter to the governor of Connecticut by the Lords of the Council, with orders to proclaim his late Majesty's only brother and heir, James II., successor to the throne of England. Assur- ances were given that the new king had, by his most gracious proclama- tion, signified his royal pleasure, that all persons in office at the time of his brother's death, should continue in the same, until his pleasure should be further known. On the 19th of April, this letter reached Governor Treat, who summoned his council to Hartford on the 22d of the month, when it was " ordered that his Majestie James the Second be proclaimed King of England, Scotland, France & Ireland, at Hartford, at two o'clock on the same day, & in all the other county towns of the colony forthwith."
A mounted herald was immediately sent from Hartford to New Haven, through Fairfield and Stamford, proclaiming with trumpet's warn- ing notes, the accession of the new king. The same day a letter of condolence for the loss of his brother, the late king, was addressed to King James, with assurances of their fidelity to the crown; and craving from him the continuation of their liberties granted them by "King Charles the Second of happy memory."
The colonists had but little to expect from the new king; but they hoped by their early avowal of loyalty, to win his good will. Again at the May election Major Gold was made an assistant; Jehu Burr and Thomas Jones deputies, and Jehu and John Burr commissioners. Nathan- iel Seely was commissioned lieutenant of the Fairfield train-band. John Burr and Josiah Harvey were made members of a committee to run boundary lines between Stamford and Greenwich and Stamford and Nor- walk. At the same time Jonathan Selleck, Jonathan Pitman and Joseph Judd, were made a committee to run the long disputed boundary line between Norwalk and Fairfield.
Fully alive to the approaching danger of being deprived of their chartered privileges at almost any moment, the Assembly ordered that every township in the colony should take out letters patent under the Charter of Charles II. of the Governor and Company of Connecticut, which should confirm to the owners of estates and to their heirs, all grants of lands which had been obtained by gifts, purchase or other- wise, of the natives; which patent should be sealed with the seal of the colony, and signed by the governor and secretary in the name of the Assembly, and entered upon record. It was voted that this patent, or a record of the same, should be sufficient evidence of its validity for all and every township, to all intents and purposes, for the hold-
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ing of the said lands firm to them, their heirs, successors and assigns forever.
The magistrates of the towns hastened to comply with this order. Major Gold, and deputies Jehu Burr and Thomas Jones, secured a patent for Fairfield on the 26th of the month, of which the following is a true copy :
FAIRFIELD PATENT.
The General Court of Connecticut have formerly granted to the proprietors of the inhabitants of the Town of Fairfield, all those lands both meadow & upland within these abutments upon the sea towards the south about seven miles in breadth, & in length from the sea into the wilderness twelve miles, & upon Stratford bounds on the east, & the wilderness north, & in Norwalk bounds on the west, only a parcel of land between their bounds & Saugatuck river, that is likewise granted to the said Fairfield, provided, the said Saugatuck do not exceed two miles from the bounds of the said Fairfield, the said lands, having been by purchase or otherwise lawfully obtained of the Indian native proprietors; & whereas the proprietors, the foresaid inhabitants of Fairfield, in the colony of Connecti- cut, have made application to the Governor & company of the said colony of Connecticut, assembled in court, May, 25 1685, that they may have a patent for confirmation of the aforesaid land, so purchased & granted to them, as aforesaid, & which they have, stood, seized, & quietly possessed of for many years, last past, without interruption. Now for a more full confirmation of the aforesaid tract of land, as it is butted & bounded as aforesaid unto the present proprietors of the said Township of Fairfield in the possession & enjoyment of the premises, know ye that the said Governor & company assembled in General Court according to the commission granted to us by his Majestie in our charter, have given, granted, & by these present do give, grant, ratify & confirm unto Major Nathan Gold, Mr. Samuel Wakeman, Mr. Jehu Burr, Mr. John Burr, Mr. Thomas Sta- ples, Mr. John Green, Mr. Joseph Lockwood, Mr. John Wheeler, Mr. Richard Hubbell, Mr. George Squire, & Mr. Isaac Wheeler, & the rest of the present proprietors of the Township of Fairfield, their heirs, successors & assigns forever, according to the tenor of East Greenwich in Kent in free & common socage & not in capitte, nor by Knights' service, they to make improvements of the same, as they are capable according to the custom of the country, yielding, rendering, & paying therefor to the Sovereign Lord, the King, his heirs & successors, his due, according to charter.
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