USA > Connecticut > Fairfield County > Fairfield > The history of Fairfield, Fairfield County, Connecticut, from the settlement of the town in 1639 to 1818, Vol. II > Part 17
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Judge John Burr was appointed Judge of the County Courts of Fair field, as well as of the Probate Court of the district.
Mr. Samuel Sturgis was made surveyor of the County of Fairfieldl.
England having declared war against Spain October 23. 1739. 100 letters from the Duke of New Castle, one of the King's Secretaries of State, were laid before the Assembly by Governor Joseph Talcott, order- ing " an inclosed proclamation of war to be published in the colony against the Catholic King of Spain, his vassals. & subjects, & also that an expedition was forming against the Spanish West Indies & dominions in America."
The Governor, therefore, issued a Proclamation of War. All who would volunteer to serve in the expedition by his Majesty's command were to be under Colonel Spotwood until joined by the English troops, after which they were to be under the command of Lord Cathcart. They
* Trumbull's Hist. Conn., Vol. 11., pp. 161, 162. + Wheeler's Jourr !
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were to be led by officers appointed by the Governor, and to receive his Majesty's commission; to be supplied with arms and clothing ; to be paid by his Majesty, and to share in the booty taken from the enemy; that they should be sent back to their homes when the expedition was over, and that those who enlisted and actually served (not exceeding five hun- dred men) should have five pounds each, a premium paid to them out of the colony treasury .*
Four thousand pounds of bills of credit was ordered to be struck off from ten shillings to five pounds, on the new plates, bearing the date of the assembly, and signed by the Governor and a committee appointed to execute this order. This money was to be paid into the hands of the colony treasurer for the encouragement of volunteer soldiers to enlist for the war with Spain. For the repayment of this issue a tax was laid of four thousand two hundred pounds on all taxable estates of the colony. t
Upon the memorial of John Edwards and others of the parish of Stratfield of the inconvenience of attending church at their society meet- ing-house in the winter and spring, and at their school-house, which the said parish obliged them to maintain, and also help support the school therein kept, and praying to be released of this burden, the Assembly granted their petition, and "exempted them from paying anything to- wards the support of said parish-school & school-house, & that they may have a school among themselves, & have their share of the money to support the school." They were also freed from paying anything towards the ministerial charges of said Society for three months and a half yearly, for five years.+
Upon a memorial of the inhabitants of New Fairfield praying for lib- erty to erect a meeting-house, and for a tax upon the unimproved lands of said town " south of said seven mile line across said town," the As- sembly ordered that there should be a tax of four pence per acre laid out for four years next coming; and appointed a committee to fix a place for the meeting-house. Major Andrew Burr of Fairfield was appointed to collect the tax, and improve the same towards building a meeting-house and settling a minister there. New Fairfield, which had been annexed to Fairfield County in 1728, was named in 1740, and regularly incor- porated as a town with full town and parish privileges.§ The town was by this vote divided into two parishes. It was not, however, until two
* Col. Rec. Conn., Vol. VIII, p. 296. + Col. Rec. Conn., Vol. VIII, p. 295.
# Col. Rec. Conn., Vol. VIII, p. 300. . § Col. Rec. Conn., Vol. 8, p. 303.
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years after that a minister was settled in either parish, when the Rev Benijah Case was elected in the lower parish and ordained November 9 1742. The parish in the upper seven miles, two years later, elected the Rev. Thomas Lewis, who was ordained May 23. 1744.
The fortifications were ordered to be repaired at Saybrook, and troo was granted for the repairs and mounting suitable guns and supplies of ammunition.
The act passed in 1734 for raising hemp and making canvas and fine linen, having proved profitable, the Assembly ordered a continuation of this act for five years longer.#
An act was passed for printing thirty thousand pounds in new bijis of credit towards meeting the necessary preparations for a proper de fence of our borders, seacoasts and navigation and the expenses of the war with the Spanish West Indies, " which bills shall be stamped with such stamps as the Governor & Council shall direct. & signed by a com mittee of this Assembly." Eight thousand pounds of this issue was or dered to be stamped without delay to pay the immediate debts of the colony; to redeem which a tax of eight thousand four hundred pounds was levied on all taxable estates in the colony, to be collected within the term of five years, in five equal payments. The remaining twenty- two thousand pounds were to be loaned to the inhabitants of the towns with ample security, and to be repaid to the colony in bills, silver or gokl. or in good water-rotten hemp, and well wrought canvas of duck, or for making linen. Bonds were required for this loan, and committees ap- pointed in each town to loan and take security for the same. No planter was allowed to borrow more than one hundred or less than twenty-five pounds. Interest on this loan was at the rate of three per cent. per annum, in silver or gold only. Major Andrew Burr and Mr. Thaddeus Burr were appointed a committee to loan out these bills of credit m bair field County.+
A special meeting of the Assembly took place at Hartford. July 8th. when Ebenezer Silliman was present as an Assistant. and Major John Burr as deputy for Fairfield. The object of this extra session was to make preparations for an expedition against the Spanish West Indies. Porto Bello. Carthagena and Cuba. The Governor forthwith issued a proclamation calling for volunteers. Major Andrew Burr was appointed to enroll the names of volunteers for Fairfield County.
* Col. Rec. Conn., Vol. VIII. p. 315. 1 Col. Kec. Conn., Vol 5. 1P. 315-127.
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Another issue of fifteen thousand pounds of new tenor bills of credit was voted by the Assembly.
Five thousand pounds of this issue was to be lodged in the hands of the treasurer, to exchange for all true bills struck on any plates made before the year 1733, and such torn bills as were not fit for use, and the remaining ten thousand used towards paying the public debts; to redeem which a tax of ten thousand five hundred pounds was levied on all polls and taxable estate in the colony, to be paid into the treasury on or before August, 1750.
A vessel of seventy-eight or one hundred tons was ordered to be fitted out without delay.
The usual meeting of the Assembly took place in New Haven, Octo- ber 9th.
An act was passed for punishing deserters of the army.
Major Andrew Burr was granted forty-six pounds five shillings and four pence for his services as commissary. He was also appointed to col- lect a tax of four pence per acre on all unimproved land at New Fairfield towards building a meeting-house and settling a minister there .*
Elnathan Peet was commissioned captain, Daniel Brinsmaid lieutenant and William Patterson cornet of the troops in the Fourth Regiment.
Still another Assembly was convened at Hartford, November 26th, to take into consideration and reply to letters from the Lords Commis- sioners of Trade and Plantations to the Governor and his associates, in which complaints were made of " many indirect practices & illegal cur- rencies, which had been introduced prejudicial to the trade of his Majesty's subjects "; in consequence of which an address was presented to the last session of the House of Commons, that he would be pleased to re- quire and command the respective Governors and Plantations in America effectually to observe the said act of the sixth year of Queen Anne-" & that none of them may pretend ignorance thereof."
It was resolved by the Assembly, that a printed book containing the laws of this government, inclusive of the acts of this session, be prepared & transmitted to their Lord- ships, by which they might best see the laws that have been made & were in force in the colony. A letter was also prepared by the Governor & Company, in which they courteously transmit to them "a collection of the laws that have been made and are in force in the colony; & do further acquaint them, that the various late issues of bills of credit were in compliance with his Majesty's instructions respecting the expedition to the Spanish West Indies," without which they could not carry out his expectations. That in issuing
* Col. Rec. Conn., Vol. 8, p. 351.
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bills of credit, they were by no means influenced in any way prejud til to 5:410 intentions, or to his subjects' trade; but like the other colf und i Am not find word them for the absolute expenses of the colony They informe 1 11 1 00 0. 0 ||||| the act of May last, by which they had made it obligatory on all per 100 15 Me , 100 or bonds .*
An order was passed by the Assembly to the effect " that no bill- of credit notes or other currency should be uttered, vended or passel by any person whatsoever, which either have been made or shall be made for a general currency or medium of trade, & emitted on the fund or credit of any private person or persons, society of company, either in this or any of the neighboring governments, under penalty that such person or persons shall forfeit double the sum mentioned on such bills or notes, etc., " provided the act continues in force until the rising of the Assembly May next & no longer."+
Meanwhile Great Britain made every possible preparation for the success of the expedition against the Spanish West Indies, which was placed under the command of Lord Cathcart. "Twenty-five ships of the line & frigates, fire ships, bomb catchers & tenders under the com- mand of Sir Choloner Ogle, besides hospital ships, & ships loaded with provisions, animunition & all sorts of war implements, set sail in October for the West Indies." This fleet formed a junction at Jamaica with Vice- Admiral Vernon January 9th, when the entire fleet consisted of " twenty nine ships of the line, with nearly the same number of frigates, fire ships & bomb catchers, with ample supplies of provisions & stores, & with fifteen thousand seamen. The land forces, including the four American colony regiments, were not less than twelve thousand. Meanwhile Lord Cathcart had died in the West Indies. Vernon in November had taken Porto Bello, on the Isthmus of Darien, and demolished its fortifications. The death of Cathcart was regarded a great blow to the success of the undertaking, as the chief command of the army fell upon General Went- worth, a man of a most violent temper and prejudices, and one who pos- sessed a great hatred for the French. In order to indulge his dislike of the French, he attempted to intercept a squadron sent out under the Marquis d'Antin to reinforce the Spaniards. But his venture proved a failure. as d'Antin had sailed back to France." The winter proved un- usually severe, and there must have been great suffering among the troops and sailors of the fleet. General Wentworth, disappointed in his
* Col. Rec. Conn., Vol. VIII, pp. 352. 356, 301. + Col. Rec. Conn., Vol. s. P. 353.
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search for the French fleet, decided to make an assault upon Carthagena, which was reached about March 10th, but during the loss of three months' time by Wentworth the fortifications had been reinforced by the French. Both Admiral Vernon and General Wentworth attacked the town from March Ioth to the middle of April, demolishing the forts and castle of the harbor, into which Admiral Vernon entered. General Wentworth made an attack by land, but his troops were obliged to retire, "with a loss of from four to five hundred men. The expedition succeeded in destroying six Spanish men of war, eight galleons & some small ships." In July they sailed for Cuba, and took possession of a fine harbor, but severe sickness overtook them, which proved a scourge, and all further hostilities were necessarily suspended. "More than a thousand men died daily. Of nearly one thousand men from New England, not one hundred returned. Of five hundred from Massachusetts, fifty only re- turned."*
Judge Ebenezer Silliman was present at the meeting of the General Assembly, May 14th, and Major Andrew Burr and Captain Samuel Burr as deputies. Judge John Burr was made Judge of the District Probate Court, and of the County Courts of Fairfield.
Mr. Samuel Rowland was commissioned captain, Mr. John Dimon lieutenant and Mr. John Sherwood ensign of the train-band of the parish of Stratfield, in the town of Fairfield.
Fearing a famine might occur in the colony, an act was passed to prevent the exportation of grain, flour and bread-stuffs, except for ships of war, privateers or merchant vessels in his Majesty's service or sub- jects; which act was to continue for seventy days after the proclamation to this effect was issued.
Every town was ordered to call forth and train its militia and troops for readiness in case of an invasion from the enemy. Every male from sixteen to fifty years of age was required to bear arms and duly attend all musters and military exercises of the respective troops or companies in which they were enlisted, under the usual penalty prescribed by law. t
It was ordered that the money given for the several towns laid out in the Western Lands of Connecticut should be disposed of for the benefit of the public schools in the colony. The selectmen, where there was but one ecclesiastical society in a town, and where there was more
* Trumbull's IIist. Conn., Vol. II, pp. 267, 268.
t Col. Rec. Conn., Vol. VIII, pp. 379-387.
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than one society the societies' committees were empowered to receive the bonds and moneys which should be divided and set out to the several towns and parishes, for the benefit of public schools, and the selectmen with the committees were ordered to give a receipt of the same to the Secretary of the colony.
In October six of the new townships had been sold, for which bonds had been given to the Governor and Company amounting to a consider able sum, Joseph Whiting. Jonathan Trumbull, Captain Joseph Pitkin. Mr. John Richards and Major Andrew Burr were appointed a committee to divide and distribute this money to the several towns and parishes of the established churches of the colony, for the benefit of the public schools. If any debtor refused. after the bonds were divided, to pay his bonds or to renew the same, the King's attorney in each county, in the name of the Governor & Company, was empowered to prosecute the same. "Provided that the risk & losses that may happen after the 1 day of January, 1743, shall not be borne by the government, but by the towns & parishes, to whom the same bonds thus failing were divided & distributed."*
At the same time an order was read from the Council held at St. James Court, January 29, 1740, that in all public services the member- of the royal family should be prayed for, according to the general usage in England. The Assembly ordered "that obedience be paid to this order, and a copy of the act be printed and sent to the several churches in the colony, and by them published in all places of divine worship."
The repeal of the laws passed in October, 1740, in regard to issuing bills of credit, on private credit, which was to last until the sitting of this court, was revised to remain in full force until the Assembly should order otherwise.+
Demand having been made by England for additional recruits to be sent to Cuba, the Assembly ordered that volunteers be called for. no: to exceed two hundred, with a grant of money to pay their expenses. The war sloop " Defence," which had been built and armed for the use of the colony, was ordered to be placed in readiness to convey the re- cruits prepared to go on this expedition.
Until Spain ceased to claim sovereignty over the American seas, England resolved " never to make peace with her." Governor Ogel- thorpe of Georgia fitted out an expedition of regular troops and Inchians
* Col. Rec. Conn., Vol. S. pp. 387-369, 392. + Col. Kec. Conn., Vol. 5, p. 392.
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against Florida, " but for want of a sufficient naval force was obliged to give up the undertaking." The Spaniards in turn invaded Georgia, but were beaten off by the skilful manœuvers of Ogelthorpe.
During this year the Rev. Daniel Chapman of Green's Farms died. His life among his congregation had been one of great usefulness and of general satisfaction. He was succeeded soon after by the Rev. Edward Buckingham of Milford.
1742. At the meeting of the General Assembly at Hartford, May 13th, Judge Ebenezer Silliman was present as an Assistant from Fair- field, and Major Andrew Burr and Captain Samuel Burr as deputies. Major Andrew Burr was chosen Speaker of the House.
Judge John Burr was chosen Judge of the Fairfield County Courts and of the Probate Court of the district, and Captain Samuel Burr one of the auditors of the colony treasurer's accounts.
An act was passed that the Superior Courts, the County Courts and the Probate Courts of the colony should be provided with a proper seal, for the use of said courts .*
In order to overcome the evil of unlicensed, ignorant, itinerant min- isters preaching and teaching in the colony, whereby disturbances and dissensions had been made, it was made a law :
" That if any ordained minister, or any other licensed person, should enter into any parish, not under his charge, & preach or exhort to the people, he should be denied & secluded the benefit of any law of the Colony made for the support of the regular gospel ministry, unless invited by ministers of parishes, & the major part of their societies, or be liable to be bound over by an assistant, or justice of the peace, in the sum of one hundred pounds, or be 'sent as a vagrant person, from constable to constable, out of the bounds of this colony.' " +
At the meeting of the General Assembly in New Haven, in October, an act was passed forbidding the erection of any college or public school than those erected and established by the laws of the colony, without a special license from the General Assembly for four years.# This act was designed to reach a class of people who called themselves separatists or New Lights, from the requirements of the established church of the colony in matters of conscience and belief, as well as the Moravian missionaries, who had settled in the colony; and also to prevent mischief done by unfit persons to teach or preach.
* Such a seal was seen by the author a few years ago in the Probate Court of Fairfield.
+ Col. Rec. Conn., Vol. VIII, p. 454. # Col. Rec. Conn., Vol. VIII, p. 500.
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The Old Lights generally taught the doctrines of the Church of Ing land as contained in the thirty-nine Articles and the doctrines of the West- minster Catechism. They were willing to baptize the children of those who owned the Covenant. They favored family religion, and preached but little on the profound subjects of election, foreordination, irce-will and predestination. They favored cheerful social entertainments, and balls and dancing when conducted in a proper and becoming manner. The election ball, when a new minister was elected, was an exceedingly grand occasion, which even the ministers and all the church dignitaries and people of state attended. The stately minuet was danced by the leading matrons and statesmen of the church, and that which was re- garded but a simple and healthful amusement was counted by them no sin.
The New Lights, on the other hand, were opposed to children being baptized on their parents simply owning the Covenant. They preached frequently on the doctrines of election, foreordination, free-will and pre- destination. They favored conference meetings in place of family religion, and were strongly opposed to balls, assemblies and dancing generally.
The clergy of the Church of England in the colony of Connecticut met at Fairfield in the spring of 1742, and prepared a petition to the Bishop of London to appoint a commissary to be sent to America. The Rev. Dr. Samuel Johnson was proposed for this office. Their letter to the Bishop of London was dated Fairfield, August 24, 1742, and signed by Henry Caner, Samuel Seabury, Ebenezer Punderson, Richard Caner and John Beach. The commissary, however, was not granted. And the clergy and laymen of the Church of England were left to hope for this benefit as something yet to be obtained.
The new church at Green's Farms, which had been raised in 1738 and was now completed, brought the good people into serious trouble It appears from the parish records that pews were built around the wall, in which, according to their social rank, the honorable men of the parish and their families were to be seated. Acording to the usual custom of those days, when trouble arose in a parish. disinterested men were called in to settle the cause in dispute. Here, however, was a far more difficult question to decide than that of setting out a certain parcel of land upon which to erect a church. There were persons who felt themselves to be in every way entitled to an aristocratic pew, who had no pews at all assigned them.
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Again in 1743 a parish meeting was called & it was: "Put to vote whether or no yt whereas there is disorder in the meeting-house concerning ye pews, Do appoint Andrew Burr & Thadeus Burr of Fairfield a committee to regulate sd. pews, by cutting sd. pews or building more pews in sd. house, or both; also provided yt if sd. committee do order more pews to be built, to say who shall have ye same, provided, they 'build them upon their own cost." Peace was restored by the addition of a few more pews. Capt. Solomon Couch was "allowed to sit in the public pew on ye east side of the pulpit, so long as he sets the psalms."
For twenty years the roll of the drum on the summit of Clapboard Hill called the Green's Farms planters and their families to meeting, but in 1743 a bell was provided, no doubt to the delight of all who listened to its welcome sound.
The people of Reading had also been active in repairing their meeting-house. In 17 10 it was "voted to rectify the meeting-house in the following articles, viz. : to put in new glass where it is wanted, & to mend the old. To lay some beams in the gallery & double floor. To fasten the meeting-house doors; to make the stairs up the gallery ; to put a rail on the foreside of the gallery." In 1741 it was "voted to seat the meeting-house in the lower part with plain strong seats;" & in 1742 the parish committee were "impowered to agree with a person to beat the drum, as a signal to call the people together on the Sabbath."
1743. The new meeting-house at Greenfield Hill was also completed. Here the wisdom of the church members, or the experience which they derived from the trouble of their neighbors at Green's Farms, led them to vote in September " That those persons who had paid the most to- wards building the meeting-house, shall have pews laid out to them; & that every man who has a pew laid out shall be at the charge of building the same."
This plan was carried out, and the following were the list of pew holders :
Joseph Wheeler, pew No. I.
Daniel Burr, No. 10.
Benjamin Banks, No. 2.
John Gilbert, No. 1I.
Samuel Bradley, No. 12.
Joseph Diamond, No. 3. Nathaniel Hull, No. 4.
Benjamin Sherwood, No. 13.
Daniel Bradley, No. 5.
Heirs of Eliphalet Hull, No. 14.
Benjamin Gilburt, No. 6.
Joseph Hill, No. 15.
John Thorp, No. 7.
Jabez Wakeman, No. 16.
Joseph Banks, No. 8.
David Williams, No. 17. Samuel Price, No. 18.
Samuel Wakeman, No. 9.
In confirmation thereof we have consented to set our hands & seals this 23 day of Scp. 1743.
Committee for assigning the seats, ANDREW BURR SAMUEL BURR JOSEPH WAKEMAN
.
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At the same time it was: " Voted that Mr. Samuel Bradley hall get a bell for all Meeting House, & said bell shall be lodged at the minister' home of and Greenfield"
The General Assembly met at Hartford, May 27th. Judge Ebenezer Silliman was present as an Assistant, and Major Andrew Buir and Cap tain Samuel Burr as deputies. Again Major Andrew Buri was chosen Speaker of the House. Judge John Burr was chosen Judge of the County Court and of the District Probate Court of Fairfield. Judge Ebenezer Silliman was also made one of the auditors of the colony treasury.
The law passed in May, 1742, for persons who differed from the les tablished Church was repealed, having been found too severe.
It was voted :
"That if any one of his Majesty's subjects shall soberly dssent from the way of worship & ministry established by the laws of this colony, being protestant mhabit it ci this colony, by applying to this Assembly for relief shall be heard And such person al have any distinguishing character, by which they be known from the presbyterian of congregationalists, & from the consociated churches established by the laws of the columns. may expect the indulgence of this Assembly, having first before this Assembly taken site oaths & subscribed the declaration provided in the Act of Parliament in cases of The nature." *
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