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 37
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* " The peace of Ryswick was signed September 10, 1697. Louis XIV. resigned several of his conquests, & recognized William King of England."-Hume.
t MS. of Gov. Roger Wolcott, Conn. Hist. Soc .- Col. Rec. of Conn., IV., 242.
+ " Elements of Useful Knowledge."
§ Col. Rec. Conn., IV., 244, 245. Justices of the quorum were, under the English law, par- ticular justices appointed to inquire into felonies and other misdemeanors ; and no business trans- actions were considered legal without their presence.
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the oath to the justices of the Fairfield court. Various bills were intro- duced, among which was a bill " of limitation of the laws of England, & how far they were to be in force in Connecticut ; " one for a method to raise money to defray the expenses of the government, and for regulating public expenses, and another for regulating superior and inferior courts of justice. The sergeant major of each county was authorized to call the commis- sioned officers of his regiment together, when he deemed it expedient to do so, instead of calling them together once a year, to consult with them in managing the militia affairs of each county to the best advantage. No soldier was permitted to enlist in any other than the company to which he belonged, without the consent of his chief officer, or from the county court, under a penalty of forty shillings. The soldiers of train-bands were not to be compelled to train over four days in a year. All administrators upon estates were required to give bonds for the faithful discharge of their work. For facilitating the post deliveries and public travel, a law was passed requiring bridges to be erected, and the king's highways to be kept in good repair, with marks and directions for travelers where roads parted. The highways were always to be kept open, unless they passed through the ancient common fields, or the General or county court otherwise ordered, when the select-men of each town were to take pains in erecting suitable gates of egress and ingress for travelers and carriers. This law was to be carried out within the space of a month, under a penalty of ten pounds, and continued under the same penalty, to be levied on the inhabitants of the delinquent towns.
To preserve deer and their young, an act was passed, that if any per- son between the 15th of January and the 15th of July killed a buck, doe or fawn, he should forfeit 20s. for the first offense, 40s. for the second, and £3 for the third. In default of means to pay a fine, the transgressor was to work as many days as shillings covered his fine. The deputies of the towns were ordered to inform the Indians of this law, and endeavor to restrain them from breaking it. Impost on wines and liquors was restricted to such only as were brought from ports where they were not produced, and not on those imported directly from the countries in which they were raised. A tax of 4d. pr. gallon on wine, rum, brandy and distilled liquor, 12d. per barrel on cider, and 2d. pr. gallon for metheglin, was ordered to be paid by all retailers into the public treasury for the space of one year. Judges or justices were not from this time allowed to be clerks of the county courts. The former custom laid upon foreigners coming into the colony to trade in 1696, was annulled ; and the sum of 12s. 6d. upon every hundred pounds' worth of goods exacted of any one bringing
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goods into the colony, one-fifth of which was to be paid to the custom house officer, and the remainder to the colony treasury. It was ordered that the line of division between Fairfield and Norwalk agreed upon, bearing date December 14, 1687, given under the seal of the committee, should remain forever the dividing line between the two towns.
Winthrop having returned from New York, a committee was appointed to wait upon him, " & in the name of the Assembly signify to him, the hearty desire of his presence, to come & take his place as governor of the colony," to which he had been elected in May. Upon coming into the court house (May 20), Winthrop was welcomed with every mark of respect and affection. The venerable Major Treat, for so many years the governor and military leader of the colony, now ripe with age, gracefully resigned his position to one he deemed so worthy to fill the office. The aged veteran and statesman, in the presence of the standing members of the Assembly, administered the oath of his office to Winthrop, who was immediately escorted to the governor's chair, Major Treat occupying the seat of the deputy-governor, to which he had been elected. Immediately after the adjournment of the Assembly, Governor Winthrop met with the council, to consult about the safe-keeping of the duplicate of the Connec- ticut patent. It was unanimously agreed that, "Captain Joseph Wads- worth should be the keeper of it," until the General Assembly or the council should see cause to order otherwise .*
An important change was made in the Assembly at the October term. Previous to this time, the assistants and deputies or representatives acted as one body ; but a law was now passed according to the following rule:
" It is ordered by this Court & the authority thereof, that for the future this Genru Assembly shall consist of two houses, the first shall consist of the Governr, or in his absence of the Deputy Govern", & Assistants, which shall be known by the name of the Upper House ; the other shall consist of such Deputies as shall be legally re- turned from the severall townes within this Colonye, to serve as members of this Gene- rall Assembly, which shall be known by the name of the Lower House, wherein a Speaker chosen by themselves shall preside ; which houses so formed shall have a dis- tinct power to appoint all needful officers, & to make such rules as they shall severally judge necessary for the regulating of themselves. And it is further ordered that no act shall be passed into a lawe of this Colonie, nor any law already enacted be repealed, nor any other act proper to the Generall Assembly, but by the consent of each of the said houses."
* It appears that this duplicate of the original Patent was written on two sheep skins, while the original Patent was written on three. The original Charter now hangs in the Secretarie's Office at Hartford. A part of the duplicate has been destroyed, but the remainder of it hangs in the Library of the Connecticut Historical Society .- Col. Rec. Conn., IV., 263, 264 & Note.
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New commissions were granted to justices of the quorum in each county to act in the county court with one judge, or any three of them in the absence of the county judge. Judges in the county towns were granted power to act with any two of the quorum for probating wills, granting administration and allowing guardians, as in the Prerogative Courts of England, except in Fairfield county, where Judge Gold with two of the justices of the quorum of the county, was appointed to keep the said prerogative court, with full power to appoint all officers needful and proper for the said court. In the absence of Gold, three justices of the quorum were required to keep the prerogative court, the first nomina- tion in the commission presiding. Appeals were made from this court to the court of assistants. Captain Mathew Sherwood of Fairfield was appointed a justice of the county quorum.
The deputies were allowed 3s. in money a day for attending the ses- sions of the Assembly. The deputies from Fairfield county were granted the same allowance for three days in coming to and going from the Assem- bly. The other counties were allowed the same sum from one to two days. It was also enacted that each morning during the session, the sec- retary should call over the names of the deputies of the several towns, and if any were absent, unless they came within an hour, they were to sacrifice the pay of that day. When absent by permission, the salary for the num- . ber of days only was forfeited ; but if from neglect a fine, not exceeding ten shillings a day, was imposed. The assistants were allowed 5s. a day, while they attended the Assembly, and also the fees paid to the court of assistants.
A tax of 2d. on the pound was levied on all the towns to pay the col- ony expenses. The oath of allegiance to the King of England was admin- istered to each member of the Assembly.
A very important step was taken by some of the leading ministers in the colony this year, that young men might not only receive a good educa- tion at home, but that the churches might be supplied with efficient and well educated ministers of the Congregational order. Since Harvard Col- lege was founded, the young men of Connecticut had made it their Alma Mater ; but the flourishing state of the colony at this time, and the desire of the leading ministers and gentlemen to found an institution of learning within their borders, caused the subject of a collegiate school to be agi- tated. The money expended yearly in contributions out of the public treasury, and by frequent private donations to the support of Cambridge College, and in sending their sons so far from home, became a subject of thoughtful consideration among the ministers and planters. Besides, it
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was thought that Connecticut was fully able to maintain a college of her own. The Rev. Mr. Pierpont of New Haven, the Rev. Mr. Andrews of Milford, and the Rev. Mr. Russell of Brandford were the leading ministers in this movement. They discussed the matter first among themselves, and then introduced it into their councils and among their people, until a gen- eral enthusiasm upon the subject prevailed in the colony.
At the May election Judge Gold was made an assistant, and Lieutenant John Wakeman and James Bennit, deputies of Fairfield. The repre- sentatives withdrew from the upper house to choose their speaker and to make rules for regulating their business. Several important laws were passed by both houses, among which was an act prohibiting counterfeiting, clipping, rounding, filing, or otherwise lessening the value of current money and coins, under a penalty of imprisonment, unless securities were given for the future good behavior of the culprit. The following laws were granted for the benefit of Fairfield village :
" Impr. To make choice annually of two or three persons, who shall have power to order meetings of the societye to order their minister's rate, & what concerns may be needfull about their meeting house.
2. To choose collectors of the rates, & that they shall have full power by virtue of a writt from lawfull authority, upon non payment to distrain.
3. To choose a constable, whose power shall reach from the west side [of Paqua] ñuck River unto the uttermost bounds of the village west [ward, accord] ing to the limi- tations granted to [329] their comission of || officers, the village consisting partly of Fair- field & partly of Stratford.
4. That they shall have libertye to choose añually a society recorder, to be sworn to that worke."
The Rev. Joseph Webb was granted two hundred acres of land .* At the October session of the General Assembly, Lieutenant John Wakeman and Ensign John Osborn represented Fairfield. A tax of 3d. on the pound was levied to defray the expenses of the colony. The first Thurs- day in May, for the future, was set down for the annual meeting of the court of assistants. A table regulating the fees of assistants, justices, constables and other officers was agreed upon, which is one of the curiosi- ties of the times, and reflects credit upon the honesty of the magistrates who sat in high places. Any departure from these fixed sums by over- charge was punished by a fine of ten pounds current money, one half of which was to be paid to the colony treasury, and the other half to the
* This land is recorded as having been granted in October, 1710, but it appears to have been laid out about the same time or soon after the heirs of the Rev. Samuel Wakeman obtained a patent for the grant made to him, May, 1683 .- Col. Rec. of Conn., V., 215. Fairfield Town Rec., vol. II., p. 326.
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informer or the plaintiff, besides double the value of the excessive fees so taken to the injured party. In order to preserve the forests, which for so many years had been drained of some of the best timber in the colony, a law was passed prohibiting the sale and exportation of timber of any kind without a license from the major part of the select-men of any town, under a penalty of forfeiting the whole cargo, besides a fine paid by the captain of five pounds for each offense. This act was not to affect saw mills erected by liberty of the Assembly, nor timber brought from other places for transportation. The days for appointing the annual public fasts were left to the discretion of the governor and council. The first Wednesday in November was appointed a day of general thanksgiving throughout the colony.
In 1699 ten of the ministers in Connecticut were made trustees to found, erect and govern a college. These gentleman were the Rev. Messrs. James Noyes of Stonington, Israel Chauncey of Stratford, Thomas Buckingham of Saybrook, Abraham Pierson of Killingworth, Samuel Mather of Windsor, Samuel Andrews of Milford, Timothy Woodbridge of Hartford, James Pierpont of New Haven, Nodiah Russell of Middletown, and Joseph Webb of Fairfield .*
" For the better security of Maintenance of ministers," in October the following act was passed by the General Court :
"It is ordered and enacted by the authority aforesaid, that in every town, plantation or society within this colony, where the major part of the householders of any the said town, plantation or society, who in or by lawe are allowed society, are agreeing in the calling & settling of a minister, such minister so called & settled, shall be & accounted the lawful minister of such town, & that all agreements respecting the maintenance & settlement of such minister made by the major part of the householders of such town, plantation or society as aforesaid shall be binding & obliging to the whole, & all of such town, plantation or society & to their successors according to all the true intents & purposes thereof.
And it is further enacted by the authority aforesaid: That where this Court both deter- mined the bounds & limits of any society in any town or plantation in this Colony where there are more than one society, that in every such case all persons living within these bounds & limits & their estates lying within the same, shall bear their proportion of, & be rateable according to the lawe for the support & maintenance of the ministry of that soci- ety, any lawe, usage or custome to the contrary notwithstanding."
* Trumbull's Hist. Conn., IV., 498.
APPENDIX
No. I
LIFE OF ROGER LUDLOW IN NEW ENGLAND
In the year 1630, when the spirit of emigration from the old to the new world was at its height, the Massachusetts Bay Company fitted out seventeen ships, with all the neces- sary supplies for the maintenance of a colony in New England. During the previous year, the company had sent out about three hundred planters under Governor John Endi- cott, who settled Salem & Charlestown. But a few months later the patent of the company, which provided a governor, deputy-governor and eighteen assistants, to govern the Colony of Massachusetts Bay in New England, was transferred to New England. At the same time John Winthrop was chosen governor, & Thomas Dudly deputy governor.
Among the assistants or magistrates then selected, was Roger Ludlow, a gentleman from Wilts county, whose family were among the leaders of that period in the struggle for the civil & religious liberties of the people. He was perhaps led to settle in New England, partly through the influence of Governor Endicott, partly from ambition & love of adventure.
He sailed from Plymouth on the 20 of March 1630, in the Mary and John, a ship of about four hundred tons, which, either at that time or soon after, he owned. His com- panions were the Rev. John Wareham, Rev. John Maverick, Roger Clap, Edward Rossi- ter (an assistant) Henry Wolcott & a number of Mr. Wareham's congregation. Most of the passengers were from the counties of Devon, Dorset, Somerset & Wilts, & numbered "about one hundred & forty souls." "This," says Cotton Mather, " was an honorable company."
A short time before sailing, " upon a day of fasting & prayer they were formed into a Congregational Church in the new hospital at Plymouth." The famous Rev. Mr. White of Dorchester preached & assisted in ordaining or re-instating the Rev. Mr. Wareham & Mr. Maverick to be their pastor & teacher in New England.
With many prayers & many tears the mother and family of Roger Ludlow saw the Mary and John pass out of sight, to cross the great Ocean, which lay between them & the Massachusetts Bay. It is a remarkable fact that, all the ships which composed Winthrop's fleet, reached their destination in safety before the close of the year. The Mary and John was the first to arrive, & sailed into Massachusetts Bay on the Lord's Day May 30., about six weeks from the time she left England. Owing to the danger of wrecking the ship from want of knowledge of the coast, the master, Captain Squib, landed the passengers & their effects on Nantasket Point, afterwards called Hull. Roger Ludlow & other passengers protested against being landed at this point, & argued that the captain had engaged to take them up the river. Captain Squib insisted, however, that he agreed to take them only to the mouth of the river, which promise he had fulfilled. He therefore left them to take care of themselves, for which " merciless misdemeanor " he was afterwards fined in England. A kind Providence, however, over-
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shadowed them in their distressed condition. Certain persons called the old planters came to their relief, who, independent of the Plymouth colony, had settled above them on the Massachusetts Bay some years before Endicott & his company arrived at Salem. They furnished Roger Ludlow & his friends a boat, and assisted in rowing them up the Charles river " until it grew narrow & shallow, where they landed, & built a hut to shelter their goods, at a place now called Watertown." Finding but a scanty supply of good water at this point for their cattle, they soon removed to a neck of land called Mattapan, which abounded with springs of delicious water. With all possible haste the company erected their first houses of shelter, & named the place Dorchester. Here Roger Ludlow built his first rude house in the wilderness.
On the 20. of August following, the first General Court of the Massachusetts Bay Com- pany in New England was held at Charlestown. The names of those who attended the Court are entered in the Records of the Colony, as follows :
Present :
Mr. Jo : Winthrop Gov. Mr. Thomas Dudly Deput Gov. Mr. Tho. Sharpe
Sir Richard Saltonstall Kt.
Mr. Roger Ludlow. Mr. Edward Rossiter.
Mr. Increase Newell
Mr. Will. Pinchion
Mr. Sim. Broadstreete
Sir Richard Saltonstall, Roger Ludlow & John Endicott were appointed justices of the peace, " with the like power that justices of the peace have in England, for reformation of abuses & punishing & imprisoning offenders." A second court was held at Governor Winthrop's house on the 7. of September, when Roger Ludlow with Mr. Rossiter & Mr. Pinchion " were fined a noble a-piece, for their absence from the court at the time appointed." Ludlow's absence was no doubt caused by good reasons, and does not appear to have occurred again, for his name is found among those who regularly attended the sittings of the frequent Courts held during the year, & his voice & influence were constantly employed in framing laws to meet the emergencies of governing the colony in its infancy.
In May 1632 the freemen of the Massachusetts Colony resumed the right, under their charter privileges, of electing their governor and deputy governor. Accustomed to rev- erence & bend to titled authority in the mother-country, they had yielded this right to the assistants or magistrates at a General Court held at Boston on the 19. of Oct. 1630, when by erection of hands the freemen assented to the proposition " that they should have the power of choosing the assistants ; & that the assistants should choose from among themselves a governor and deputy governor, who, with the assistants should have the power of making laws & choosing officers to execute the same." The mistake in this concession on the part of the freemen soon became apparent, & at a sitting of the General Court May 9, 1632, "It was generally agreed by erection of hands, that the gov- ernor, deputy governor, and assistants should be chosen by the whole Court of governor, deputy governor, assistants & freemen." At the same time the freemen still conceded their right to elect their Governor by agreeing " that the Governor should always be chosen out of the assistants."
This assumption of their liberties on the part of the freemen, did not please Roger Ludlow, & upon hearing that they intended to repeal the vote of the 19. of Oct.
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1630, he " grew into a passion & said, then we shall have no government. The matter was cleared in the judgment of the rest of the assistants, but he continued stiff in his opinions, & protested he would go back to England." The problem of establishing a republican form of government in New England, had but just begun ; & no doubt Roger Ludlow & others had reason to fear the danger of placing too much power in the hands of a people, many of whom were unaccustomed to rule, & wholly unfit to judge - of the best men to mould a government, entirely different from that to which they had been accustomed. Most of the ministers & principal gentlemen of the colony came to New England, with a fixed resolution to establish a republican form of government, as well as to enjoy liberty of conscience in religious matters as Independents or Congrega- tionalists. But they were jealous of giving too much power to the people, careful whom they admitted as freemen to the colony, allowed none but church members to be made freemen, & sent back to England all opposed to their ideas of government in church & state. From the beginning they had feared that a governor would be sent out from England. Those who had been sent back, some of whom belonged to the Church of Eng- land, & were persons of good family, returned with loud complaints of harsh rule, & of the intolerance practiced by the General Court of Massachusetts, in allowing the, civil franchise to be based only upon Congregational church membership, thus depriving them of their civil rights & of the liberty of worshiping according to the custom of the Established Church of England. Those of this class who remained in the colony, proved a turbulent element.
These complaints reached the royal ear, & aroused the displeasure of Charles I. ; but the hope of gaining wealth from the new world, led him to allow the Bay Company, for the time being, to continue in their own way of governing the colony. Besides the king was so seriously embarrassed with his unruly subjects at home, that he had no time to give attention to his weak colonies in New England. It was for these reasons that Roger Ludlow's zeal for the welfare of the colony, led him beyond the bounds of self interest. He believed that the safety of the colony lay in the power of the governor, deputy governor, & the court of assistants, to protect its best interests ; hence his indignation at what he regarded as placing too much power in the hands of the freemen of a growing colony. Such was his popularity, however, that his views, for the time being, did not appear to lessen the respect entertained for him & his great usefulness. He continued in his office of an assistant under the change until 1634.
Undoubtedly the assistants all aspired to the chief office of the magistracy, whose rule was nothing more nor less than an oligarchy based upon a theocratic form of government, out of which the people were destined to rise into the light of a grand republic. Evidently Roger Ludlow's political views at that time, were more aristocratic than democratic. In this particular he was not alone, for no less a person than the distinguished Rev. John Cotton, preached an election sermon before the General Court in 1634, in which he stated that " a magistrate ought not to be turned into the condition of a private man without just cause, & to be publicly convict, no more than the magistrates may not turn a private man out of his freehold without like public trial." His sermon so aroused the jealousy of the freemen, that they abstained for four years from a re-election of any person to be Governor at the end of his official term. During a session of the General Court held at Boston Nov. 7. 1632, one hundred acres of land were granted to Roger Ludlow & his heirs forever, lying between Masquantum & Chappell, & the mouth of the Napan- sett river. On the 4. of March 1633 he was appointed by the General Court to adminis-
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