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 29
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In witness whereof we have cauced the seal of the colony to be hereunto affixed this 26 of May, 1685, in the first year of the reign of our Sovereign Lord, James the Second of England, Scotland, & Ireland, King, defender of the faith, &c.
By order of the General Court of Connecticut.
Signed, Robert Treat, Gov. John Allen, Sec. *
" Col. Rec. Deeds, Patents, etc. State Archives, Vol. II. The name of the governor and sec- retary were first subscribed to the patents of 1685, but on the 30th of May, 1687, this mode of signing was changed, by adding to the Secretary's subscription, "per order of the Goven' & Company of Connecticut ;" and by order of the court, all town patents were re-signed .- Col. Rec. Conn., III., Note, p. 177.
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A letter was addressed to King James with promises of faith and allegiance, humbly seeking his clemency and protection for the colony of Connecticut, "first planted in the days of his royal father of happy mem- ory, & by the bounty & goodness of their late Sovereign." To this letter an answer was returned, dated June 26, in which King James assured them of his royal care and protection " in the preservation of their rights, & in the defense & security of their states," with a special request, "that the Governor of Connecticut signify the same to the inhabitants of the colony." Under the excuse for necessary repairs for the navy, he wrote that he had levied a tax upon all tobacco and sugar imported into England; but that it might not be oppressive to planters and merchants, the tax was to be collected only from retailers, in England, according to their lawful rates. These flattering assurances gave but short lived hope to the colony, and were made all the more despicable in their eyes, by the perfidious conduct of the king a few weeks later.
Edward Randolph having pursued his resolution to undermine the chartered rights of Connecticut, and in fact all the English colonies in America, received on the 5th of May, from the Lords of the Committee of Trade and Foreign Plantations, a letter, requesting him to prepare a paper of complaints against them, which should justify writs of quo warranto being granted. In reply, Randolph returned the following articles of mis- demeanor; and urged that no time should be lost in sending quo war- rantos. The first charge made by him against the governor and com- pany of Connecticut was, " that they had made laws contrary to the laws of England ; under which head he reports that only magistrates were allowed to join persons in wedlock." Second, "that they imposed fines upon the people, & converted them to their own use." Third, " that they enforced the oath of fidelity upon the people, without administering the oath of supremacy & allegiance to the king, as directed in their charter." Fourth, " that they denied the people the exercise of the religion of the Church of England, arbitrarily fining those who refused to go to their con- gregational assemblies." Fifth, " that his majesties subjects could not obtain justice in the courts of Connecticut." Sixth, " that they excluded all gentlemen of known loyalty, in order to keep the government in their own hands."
Upon the receipt of these charges in England, a quo warranto was issued from the council chamber on the 21st of July, confirmed by the king, against the Governor and company of the colony of Connecticut, which required them to appear before the Lords, and show by what authority they exercised their privileges and power of government. Not
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only did the ambitious Randolph petition for a quo warranto against Con- necticut, but also against Rhode Island, New Jersey, Delaware and Mary- land. Already Massachusetts was under the ban of a quo warranto through his influence, who, in his yearly visits to England had whispered in the royal ear many evil tidings against the colonies. Upon receiving notice that he had been thus far successful in his scheme, Randolph wrote to England in August, urging that the writs of quo warranto be sent out immediately, before winter set in, as by law one was made returnable before the last of September, and the other at Easter. He made bold to propose that a vessel should be dispatched without delay from London, with further commands about the writs ; and also conveying to him a com- mission to erect a temporary government, " & so, by that means, bring the several colonies in New England to a united & nearer independence to the crown."
At the meeting of the October Assembly, a vote was passed authoriz- ing the governor or deputy-governor, with six of the assistants, to hear and determine all such public occasions, as might occur before the General Court of May, 1686. The constables of the plantations were ordered to collect the county taxes, settle their accounts with the colony treasurer, and dispose of them according to his order, before each General Court in May, under the lawful penalty, "any order to the contrary in anywise not- withstanding."
One pence half penny on the pound, continued to be the colony tax ; but any one who could pay two-thirds of his tax in Boston or in Pine-tree silver money, was exempt from paying the other third .*
The year 1685 was one particularly noticeable, as the Fairfield meet- ing-house was this year enriched with a bell, which no doubt was a source of great delight alike to the aged and to the youth of the town. Many of those who were born in England had not probably heard the sound of a church bell, since the old home bells of their native towns rung out their last farewell. They had passed through many hardships and many sor- rows since those years of youth and buoyancy ; but in the mean time they had accomplished great things ; and as the meeting-house bell, for the first time, peeled out its cheering sounds, many thoughts of the old home and
* Pine-tree money was coined by John Hull of Boston, as early as May 27, 1652. The first coins were XIId, VId., and IIId. In 1662 a coin of IId., was added. The pine-tree money formed a standard, by which circulation was made from time to time in New England. Its exportation was forbidden under a penalty of forfeiting all visible estate. It was against the royal law to coin money in America ; and England had protested against the use of the pine-tree money.
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of the new, must have passed in quick succession through the avenues of busy memory. Among the town records is the following note :
"At a town meeting held April 28, 1685, it was voted, that the townsmen should settle Samuel Wilson's matter, about satisfying him for money the town borrowed of him to pay for the meeting-house bell."
Until long after the Revolution it was the custom to ring this bell at twelve o'clock at noon, and at nine in the evening, at which time the law required all peace-abiding citizens to be at home. At the same town meeting it was also voted that, if necessary, a certain amount of lands should be sold to complete the payment of Mr. Timothy Hoarde, the school-teacher, for the year. Another event of interest this year was an invitation extended to the Rev. Samuel Wakeman to preach the election sermon before the court of election, held at Hartford on the 14th of May. This sermon was so highly esteemed, that Major Gold was instructed by the court to thank the Rev. Mr. Wakeman "for his great paynes he had taken in the preaching of the election sermon, & to desire him to grant a copy thereof, that it may be printed." A copy of this sermon, beautifully bound, is to be found in the State Library at Hartford. A brief extract from it will give an idea of the unhappy events which appear to have vis- ited the colony at that time. He says :
" And how hath God done by us? Hath He not multiplied his witnesses against us ? Yea of late, both summer & winter abode with us; to the taking away of many of us ? And how sadly hath God of late years smitten us in all the labors of our hands, by blast- ing mildews, cattepillars, worms, tares, floods & droughts ? . . He hath cut us short in our numbers, brought us low by taking away many, & many righteous ones from us ; hath He not of late years especially bereft us of many magistrates, ministers & other use- ful persons, & added that last sore breach, & causefully bitter lamented loss, our rest." *
Robert Turney was this year confirmed captain of the Fairfield train- band. Meanwhile, the magistrates of Fairfield continued to purchase lands of the Indians, and to make good their title to them under their town patent.
On the IIth of February, 1685-6, the plain southeast of Golden hill, called Wolves' Pit Plain, which appears to have been the low land near
* Another sermon of Mr. Wakeman's, which was preached at the funeral of John Tappan, of Boston, is now in the possession of Miss Mary L. Burr, of Fairfield. This sermon is entitled "A Young Man's Legacy to the Rising Generation,"-" being a Sermon preached upon the Death, & at the Desire of John Tappan of Boston ; Who deceased at Fairfield the 10 of Oct., 1672, being in the Nineteenth year of his Age. By Samuel Wakeman pastor of the Church of Christ there." The texts selected for the sermon were from Eccles. vii. 2, and Eccles. xi. 9. It was printed at Cambridge by Marmaduke Johnson in 1673.
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Greenlea, lying west of the Stratford line, was purchased of the Indians .* In April it was voted that as much of the plain should be sold at an outcry by Sergeant George Squire at the next training day, as would pay for the purchase of the said neck of land. It appears that Samuel Hall, on the 25th of November, for a certain portion of land granted him by the town, lent the desired amount to pay for the plain. +
Notwithstanding the knowledge they possessed, that Randolph held a writ of quo warranto against the colony, the governor, deputy-governor, as- sistants and deputies, who had been nominated in the fall for election, met at Hartford on the 13th of May, and proceeded to elect Major Treat gov- ernor and James Bishop deputy-governor. Major Gold's name stands at the head of the list of assistants, and John and Jehu Burr, who had been nominated assistants of the General Assembly, were elected deputies and also commissioners for Fairfield. Lieutenants Nathaniel Seely and Cor- nelius Hull, were appointed to lay out for Major Gold and Jehu Burr, tracts of land granted them by the Assembly. Accordingly two miles square was staked out to Major Gold at Umpawage, and deeded to him by the Indians of Fairfield, Danbury and Redding, on the 27th of May. Jehu Burr shared his purchase of the Indians with his brother, John Burr, but did not receive a deed of the same until the 12th of September, 1687.
Again the subject of the division line between Fairfield and Norwalk was brought before the Assembly ; but no further satisfaction was given than the court grant of 1650. The governor or deputy-governor, with six of the assistants, were again appointed to transact all legal business in case occasion called them together. Before the Assembly adjourned, Edward Randolph had arrived at Boston (May 15). On the 27th he addressed a letter to Gov- ernor Treat and his council, notifying them as a private gentleman that he held in his possession a quo warranto against the colony of Connecticut and also one against Rhode Island. That on the 25th instant, Joseph Dudley and the persons named in his Majesty's commission of government (some few indisposed excepted) entered upon the government of Massachusetts with the general consent and applause of the people ; and that nothing now remained, on the part of the governor and company of Connecticut, but to make a humble submission, and a dutiful resignation of their charter; but that if they attempted to defend it at law, " while contending for a shadow," they would in the first place lose all that part of Connecticut to New York ; that he did not wish to enter the colony " as a herald to announce war"; that he expected ships from London in about a month, and whatever was intended to be done must be accomplished before they arrived. He invited
* Letter A, Town Deeds, Appendix No. XV. t Letter B, Town Votes, 77, 78.
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the governor, deputy-governor and Major Gold to meet him at Mr. Smith's house in Narragansett. He closed his letter by saying, " So bless not your- selves with vaine expectations of advantage & spinnage out of time by delay "; and adds, " I will engage, tho' the weather be warm, the writs will keep sound, & as good as when first landed."
These threats did not intimidate or influence Governor Treat or his Council to resign their charter. They well knew that the time for making returns had passed, and that the writs were harmless before Randolph landed at Boston. By holding the quo warranto over them, however, Ran- dolph hoped to secure the surrender of their charter. " He even endeavored to construe the Council's acknowledgment of his letter, into a submission of service of the writs."
In a letter written by Governor Treat to Governor Dongan, he stated that Randolph's threat of Connecticut's being made subject to the govern- ment of New York, did not at all prejudice them against him or his govern- ment ; that Randolph had informed them of a quo warranto against them, but as yet they had not seen it ; and that they were waiting, with silence and patience, what might next come upon them. Threats proved of little avail with the Connecticut planters. All things moved on in silence and patience as before, in the towns; but all felt that a crisis in their govern- ment was near at hand. Having purchased Wolves Pit Plain, the towns- men of Fairfield agreed with the Indians of Golden-hill, to sell them suffi- cient land to continue the public highway across the hill, to join the main highway to Stratford.
Exasperated with the coolness of the Connecticut council, Randolph again wrote to Governor Treat, stating that he held their letter in reply to his of the 27th of May to be sufficient at Whitehall to justify him, "with- out any further serving, or showing any authority from his Majestie at all about the Colony," in assuming the reins of government over them .* On the 6th of July, Governor Treat summoned a special court of the assistants and deputies to meet at Hartford. Every town in the colony was repre- sented. Nathan Gold and John Burr were present from Fairfield. It was voted to address the king, without delay, petitioning for a continuation of their chartered privileges. A letter was prepared, supplicating the king to pardon the mistakes and failures they had made in their government, which, " upon the first intimation, they were ready to reform, under the royal grant of his late Majestie, of happy memory, Charles the Second ;" their mistakes having arisen more " from want of right understanding in law, than otherwise."
* Col. Rec. Conn., III., 355. Documents Relating to the Col. Hist. of New York, Vol. III., 386.
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On the 21st of July a messenger from Randolph arrived at Hartford, who delivered to Major Talcott and Secretary Allen, the two writs of quo warranto. The first was made returnable at the Michaelmas term of 1685, within eight days of St. Martin's ; and the second within fifteen days after Easter. Accompanying the writs was a letter dated October 6, 1685, from the king's attorney general to the sheriff of London, ordering the governor and company of Connecticut to appear before the judges of the king's bench within fifteen days after Easter, "to answer by what war- rants they used their liberties, privileges & franchise."
Again Governor Treat summoned the Assembly to meet at Hartford on the 28th of July. Two days before he had received a private letter from Governor Dudley, urging the importance of the annexation of Con- necticut and Rhode Island to Massachusetts, rather than the province of New York. A letter conveying power of attorney to William Whiting, of London (brother of Secretary William Whiting, of Hartford), was exe- cuted by the governor and council on the 24th of August, with instruc- tions to present their petition to the king to appear before the judges of the king's bench in a just defense of their charter ; and if absolutely nec- essary, "to accept. & submit to such regulations as his majesty might think fit to order." A second letter of petition was addressed to the king, showing that they had not received the quo warranto in time to appear before him, praying him for the full bounds of their chartered liberties, assigned by his Majesty's commissioners, Colonel Nichols and his associates, and setting further before him the grievous wrong to the planters ; the disputes which would arise if placed under the government of another colony in regard to their former privileges and estates ; and humbly begging that their estates and religious liberties might be con- tinued to them. An extra tax of a half-penny upon the pound was raised to defray the expenses of sending an agent to England, etc.
Meanwhile, Major Gold was made the bearer of a letter from Governor Treat to Governor Dongan, counseling with him as to the best way to secure the king's favor :
" Aware of the advantage to be gained by the annexation of Connecticut to New York, Governor Dongan gave every encouragement of assistance to Governor Treat. In his report of the state of the Province of New York to the Lord's Committee in 1686, he assured them, that it would be impossible ' to make anything considerable of his Majes- ties customes & revenue' without Connecticut & East & West Jersey : '& that Sir Edmund Andros was so well convinced of this, that he sent Capt. Salisbury to England in 1676, to let his royal hyness, now his Majesty, know how impossible it was for this Government to subsist without the addition of Connecticut.' "
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But little business was transacted at the October Assembly, save the reduction of the colony tax to one penny on the pound ; and appointing the last Wednesday in the month a day of public thanksgiving. On the 20th of December Sir Edmund Andros arrived in Boston ; and on the same day published his commission, dated June 3, 1686, as " Captain General & Governor in Chief, in & over the Colonies of Massachusetts Bay & New Plymouth, the Province of New Hampshire & Maine, & the Narragansett County or Kings Province." On the 22d, he dispatched a messenger to the governors of Rhode Island and Connecticut, with letters informing them, that he was authorized by the king to receive the surrender of their charters ("if tendered by you "). The same day Governor Treat received a letter from Randolph, urging him to annex Connecticut to the government of Andros ;* and also notifying him, that a third quo warranto had been issued against Connecticut. The time being short for ยท them to appear in England, he advised them to appear before Governor Andros. On the 28th Governor Treat received a letter from the under- sheriff of London, inclosing the third writ of quo warranto, dated on the 23d of October following, and made returnable at the Hilary Term, within eight days of the Purification of the Virgin Mary (Feb. 9, 1687).
Governor Treat lost no time in summoning a special General Court at Hartford on the 26th of January. John Burr was present from Fairfield. Whatever was necessary to be done in the emergency was left to the governor and council. All bills owing the colony were ordered to be paid into the treasury ; if any money remained over after the public debts were paid, it was to be divided among the counties. Grants of lands were confirmed to towns and individuals. Lieutenants Morehouse and Seely, of Fairfield, were appointed to apportion to Lieutenant Cornelius Hull his grant of land, according to the former order of the Assembly. The inhabit- ants of Stratford were ordered to lay out a cart and horse highway from Stratford to Pequonnock, for a country road as speedily as possible ; and if they failed to accomplish it as soon as specified, Major Gold, John Beard and Captain Samuel Eales were authorized to lay it out. An extra farth- ing on the pound was added to the county tax, which in May, having been
* Andros was so eager to annex Connecticut to Massachusetts, that in March, 1687, he wrote to the Commissioners of Trade and the Earl of Sunderland, " that without them, we are neither able to defray our public charges, nor our fishery be maintained without provisions, & particularly wheat from thence." That the people of Massachusetts having sustained great losses were "gen- erally poor; " & that "their fishing & lumber their chiefest trade & support, & that wholly supplied by Connecticut, from whence all their wheat & much other grain & provisions, & without it can- not maintain their fishery & trade."
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reduced to one penny, was found insufficient to meet the debts of the colony, and the expenses of presenting their cause in England.
Governor Treat addressed a letter to the Earl of Sunderland, then the British Secretary of State, informing him that the General Court of Con- necticut had sent several addresses to the king; explaining that the two quo warrantos were served upon them after the time set for their appear- ance in England ; and the last one came too late in the winter for them to make returns ; that they had appointed Mr. William Whiting their attor- ney, to present their address to the king, that they " might not be pro- ceeded against as outlaws," and be obliged to forfeit their liberties and privileges. He assured the secretary "that the planters of Connecticut were his Majesty's royal subjects, heartily desiring to continue in the same stations they had occupied, but, if his Majesty had otherwise disposed of them, they should feel it their duty to submit to his royal command ; and if they were to be joined to the other colonies and provinces, under Sir Edmund Andros, it would be more pleasant for them than with any other of the provinces." *
The same day the Assembly met, Governor Andros addressed another letter to Governor Treat and the council, demanding the surrender of their charter, to which he received in reply so little satisfaction, that he wrote again on the 28th of February, informing them that all the other New England colonies had surrendered their charters but Connecticut, which still remained " obstinate & adverse to his Majestie's service," thereby hazarding the advantages they might otherwise gain. Captain Nicholson, who had accompanied Andros from England to Boston, was made the bearer of this letter to Connecticut. The construction put upon this letter by the celebrated Chalmers was, that it showed, " not only the art of that body, but the slight ground on which that paper was construed to con- tain a surrender of their charter." Again a special General Court was con- vened at Hartford on the 30th of March; and on the same day Captain Nicholson was made the bearer of a brief reply to Andros' letter, in which the Governor and company of Connecticut return their hearty thanks to him for his love and care for them ; "but without desiring to give offense, having submitted to be guided & disposed of by his majesty, & not yet having received any reply directly from him," they begged leave to request " that a good & an amicable correspondence might be continued between him & their colony, until his majestie's pleasure should be made known."
" And then, when we are commanded by his Majestie to surender our- selves to your excellencies government, & to be united to our neighbors in
* Col. Rec. Conn., III., 377-378.
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government, we shall be as loyall & dutifull as any we hope, & as readily submit ourselves to your excellency."
Unmoved by any threat or art of persuasion from Andros, the Con- necticut planters had their annual election in May. Governor Treat was re-elected and also Deputy-governor James Bishop. Major Gold's name stands at the head of the assistants. John Wheeler and John Burr were chosen deputies, and Jehu and John Burr commissioners for Fairfield .*
It was a time of great distress, doubt and perplexity to know how to act, or upon whom to rely. Not a few of the leading men were strongly in favor of an English governor. Among the latter were Edward Palmes, of New London, William Rosewell, of Brandford, and the learned Rev. Gershom Bulkley, of Wethersfield. The latter afterwards distinguished himself by writing a history of the miseries of Connecticut, by and under an " Usurped & Arbitrary Power," which he entitled " Will and Doom."t Many of the ablest and wisest men in the colony feared that Andros' threats would be carried out, and their estates would be confiscated. All eagerly looked for some reply to the petition of the General Assembly to the king, in whose weak, vacillating will they had but little confidence. It was a terrible crisis for the brave forefathers of Connecticut ; which they awaited with the patience and fortitude of heroes.
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