The history of Fairfield, Fairfield County, Connecticut, from the settlement of the town in 1639 to 1818, Vol. II, Part 7

Author: Schenck, Elizabeth Hubbell (Godfrey) Mrs. 1832-
Publication date: 1889
Publisher: New York, The author
Number of Pages: 568


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 7


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[1715


state of affairs by which the colonists felt more secure in their chartered privileges .*


A remarkable law was passed at this time:


" That no vessel sailing past any town or parish lying on said river, where the public worship of God is maintained, or shall weigh anchor within two miles of said place, unless, to get nearer thereto on the Sabbath day, any time betwixt the morning light & the setting sun; the master of such vessel shall be liable to the like penalty, as if he had sailed out of a harbor, any former usage or custom to the contrary notwithstanding."


At the sitting of the General Court in October, answers were re- turned to the questions recommended in regard to the declension of reli- gion in the colony, which were as follows:


" Ist. A want of Bibles in particular families.


2nd. Remissness & great neglect of attendance on the public worship of God upon Sabbath days & other seasons.


3rd. Catechizing being too much neglected in sundry places.


4th. Great deficiency in domestic or family government.


5th. Irregularity in commutative justice upon several accounts.


6th. Tale-bearing & defamation.


7th. Calumniating & contempt of authority & order, both civil & ecclesiastical.


8th. And intemperance; with several other things therein mentioned."


The General Council and representatives of the Court ordered:


" That all judges & justices of the peace in the respective counties in this Colony be diligent & strict in putting in execution all those laws & acts of this Assembly made for the suppressing & punishment of all or any of the aforesaid mentioned immoralities & irre- ligious practices, that thereby the good end proposed in such acts & laws may be attained.


" That the select-men, constables & grand jurors in the respective towns in the Colony, shall from time to time strictly observe the following directions :


" That the select-men make diligent inquiry of all householders within their respective towns, how they are stored with Bibles; & upon such inquiry [if] any such householders be found, without one Bible at least, that the said select-men shall warn the said house- holders forthwith to procure one Bible at least, for the use & benefit of the said family, & if the same be neglected, then the said select-men shall make return thereof to the next authority ; and that all those families, who are numerous, & whose circumstances will allow thereof, shall be supplied with a considerable number of Bibles, according to the number of persons in such families; & that they see that all such families be furnished with a suitable number of orthodox catechisms & other good books of practical godliness, viz. : such especially as treat on, encourage & duly prepare for the right attendance on that great duty of the Lord's Supper.


" That the constables and grand-jurymen in the respective towns in this Colony shall make diligent search after & presentment of all breaches of the following laws of the Colony :


"Ist. An Act entitled Children to be Educated.


* Col. Rec. Conn., 1706-1716, pp. 376, 410, 522,


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1715]


" 2nd. The two last paragraphs of the law entitled Ecclesiastical.


" 3rd. The first paragraph of the law entitled, An Act for the better detecting & more effectual punishing of Profaneness & Immorality.


" 4th. An Act for the better observation & keeping the Lord's day.


"5th. The law, title lying.


"6th. The Law against Profane Swearing.


"7th. An Act to prevent Unseasonable Meetings of young people in the Evening after the Sabbath Days & other times.


" And to the end that all breaches of the said law be duly put in prosecution :


" It is now resolved, That the constables & grand-jurymen in the respective towns shall, in the evening mentioned in the said law, walk the streets & search all places sus- pected for harboring or entertaining any people or persons assembling contrary to the said act.


"8th. An Act for preventing Tipling & Drunkenness.


"9th. An Act for suppressing Unlicensed Houses, & due Regulating such as are, or shall be licensed, in the several paragraphs thereof.


" Ioth. An Act suppressing certain Meetings in licensed houses. And this law shall be understood & extended to prohibit heads of families & all other persons, as well as young persons (strangers & travelers only excepted) under the same penalties in said law, as well as to tavern keepers as others, so convening.


" IIth. And that the several constables in the respective towns shall strictly observe & duly execute the several paragraphs of the law, title Constables, by making due present- ment & information of all breaches of said law. & warning to all persons in their respective towns, who spend their time idly, or are tiplers & tavern-haunters.


" 12th. That the said constables & grand-jurymen, in their respective precincts. shall take due care that the Lord's Day be sanctified, according to law, by inquiring after & making presentment of all such who shall profane the said day.


" And it is further enacted by the authority aforesaid That this act, together with a proclamation enforcing it, be forthwith printed & published throughout this Colony; & that they shall be publicly read annually, in the several towns in this Colony, at the public meetings, for choice of town officers. And that the said meeting be careful in the choice of their said constables, & grand-jurymen, that they choose men of known abilities, integrity & good resolution."


One of the growing evils of the times, by which murders, thefts, bur- glaries and other notorious crimes were committed, was by bringing into the colony slaves and Indian servants, on account of which a law was passed: " that any master of a ship or vessel, or any other person who should bring into the colony slaves to be left or sold, should give fifty pounds security for each slave to the naval officer of the port he had entered, to carry them away within a month's time."


The third Wednesday in November was appointed, "to be observed as a day of public thanksgiving to Almighty God." and the Governor was requested to draw up a proclamation of the same, to be sent to each town in the colony.


* Col. Rec. Conn., 1706-1716, pp. 529-532.


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[1716


A proclamation was also ordered that the IIth of April should be strictly observed as a day of fasting and prayer throughout the colony.


1716. At a town meeting hield January IIth Justice Gold, Major Peter Burr, Lieutenant James Bennet, Major John Burr, Captain Joseph Wake- man and Captain Samuel Couch were appointed a committee to take into consideration the best way to secure "to the original & ancient proprietors & their descendants, a more ample & better confirmation of the lands within the limits of the township; & to make a report of the same to the next General Assembly, that they might obtain a grant or patent of said lands."


The General Assembly met at Hartford, May 10th. The Hon. Nathan Gold was elected Deputy Governor, Judge Peter Burr an Assistant, Cap- tain Joseph Wakeman and Lieutenant Richard Hubbell deputies from Fairfield.


Captain Joseph Wakeman was appointed one of a committee to thank the Rev. Mr. Anthony Stoddard for his election sermon, preached upon the opening of the Assembly, and to request a copy for publication.


A tax of £3,150 was ordered to be levied on the towns in the colony to meet the repayment of the bills of credit.


Hon. Nathan Gold was made Judge of Probate and Peter Burr Judge of the County Courts. Hon. Nathan Gold was also made Chief Judge of the Superior Court.


Matters of little interest to Fairfield occurred at the sitting of this court. The Assembly met again on the IIth of October at New Haven, when Fairfield was fully represented. Its taxable estates were shown to be valued at £18,443 5s. 8d.


The Parish Record of Green's Farms gives a very interesting account of the events which took place in the history of that parish at this time.


On the second page of the first volume of the Green's Farm's Parish Records is to be found the following entry :


"Oct. 26. Anno Dom .: 1715-A Church of Christ was then gathered & embodied at Fairfield West Parish, & ye Rev. Daniel Chapman ordained their pastor. Ye Rev. Mr. Davenport gave ye charge, he with the Rev. Mr. Webb, Mr. Shove, Mr. Cuttler & Mr. Hawly imposing hands; ye Rev. Mr. Cuttler gave ye right hand of fellowship to ye pastor, & Mr. Hawley to ye church .*


The Original Covenant:


" We do in the humble sense of our deep unworthiness of an acknowledgement in ye


* Mr. Shove was the minister of Danbury, Mr. Cuttler of Stratford, and Mr. Hawley of Ridge- field.


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1717]


covenant of divine grace, & also of our inability unto the performance of ye duties of ye holy covenant, through the strength & grace of Christ alone, heartily & sincerely engage & promise in ye presence of God & his people, denying all ungodliness & worldly lusts, to live soberly, righteously & godly in this present world, solemnly devoting ourselves & our seed unto ye Lord to be his people, avouching Almighty God for our God & portion, avouching the son Jesus Christ for our only Prophet & Teacher, & for our only Priest & Propitiation, & for our only King, Lord, & law-giver; avouching ye Holy Ghost for our Sanctifier, professing our subjection unto ye gospel of Christ; & yet we will walk together in a conscionable attendance upon all the ordinancy of ye Gospel, & in a member-like Com- munion helpfulness & watchfulness unto Christ.


Signed,


Daniel Chapman, Joseph Lockwood, Jonathan Squire, Joshua Jennings, Henry Grey, Samuel Couch, John Andrews, Thomas Nash."


It appears that this record and covenant were found among the posthumous papers of the Rev. Mr. Chapman, and entered upon the book of church records July 7, 1742.


From the seven names under this interesting covenant, it would ap- pear that the society of the West Farms was formed very much upon the same basis as the societies of Massachusetts and New Haven, viz. : by choosing seven men of good repute, whom they called the seven pil- lars, which idea appears to have been based upon the scriptural passage, " Wisdom hath builded her an house, she hath hewn out seven pillars." These men were elected officers of the church upon their receiving the covenant, as it was called, when they were joined by others of the con- gregation in like manner. This act of receiving the covenant was the first step taken towards forming an ecclesiastical society. Thomas Nash, a great grandson of Thomas Nash, one of the first settlers at New Haven, was chosen the first deacon.


The Rev. Mr. Chapman was given a salary of £70 a year .*


1717. At the meeting of the General Assembly at Hartford, May 9th, the Hon. Nathan Gold was again chosen Deputy Governor, Judge Peter Burr an Assistant, Major John Burr and Captain Joseph Wakeman repre- sentatives from Fairfield.


Major John Burr was made one of a committee to thank the Rev. Timothy Cuttler of Stratford for the great pains hie had taken in an elec- tion sermon, preached upon the opening of the Assembly, and to ask for a copy for publication.


Mr. Benjamin Fairweather was appointed a cornet player and Mr. John Taylor quartermaster for the Fairfield County troops.


* Appendix-Genealogical.


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[1717


It was made a law that every society, or parish, consisting of seventy families in the colony should keep a school eleven months in the year, and where there were fewer families not less than half the year .*


Major Gold was appointed Chief Judge of the Superior Courts and Judge Peter Burr Judge of the Fairfield County Courts.


Difficulties and perplexities having arisen on account of persons pur- chasing and obtaining Indian titles to lands without the consent of the Assembly, it was enacted : " That all lands in this government are holden of the King of Great Britain as the lord of the fee," and, therefore, that no valid deed could be given from the Indians, on pretence of their being native proprietors, without the consent of the General Assembly. t


The Judges of the Superior Court were allowed £150 salary for the year.


At the fall session of the Assembly, held at New Haven, October 10th, the following law was passed :


" That all non-residents, who came to trade in the colony, should pay a custom duty of 12s. 6 d. on every hundred pounds worth of goods, & so proportionably, for all greater or lesser quantities. And that every hawker, peddler, petty chapman, or other trading person, going from town to town, either on foot or with a horse or horses, carrying wares or merchandize for sale, should appear & declare the value of his goods before some assistant or Justice of the Peace of the town he entered & pay the sum of 20s. for every hundred pounds worth of goods, one-fifth of said tax to be paid to the Assistant or Justice of the Peace & the remainder to the colony treasury.#


It was also made a law that all stray horses, cattle, or swine should be impounded, & cried for twenty days by the constable of that town, and the next two neighboring towns, " with the age and colour of said horse or creature & all his marks natural or artificial." If no owner could be found, then the stray animal was to be sold at a public auction.


An act was passed : that in case a husband or wife went away, & remained beyond the seas over seven years, so that there was every reason to believe that the absent party was dead, a second marriage was adjudged lawful. Or in case a husband or wife sailed for some foreign port, & neither the ship or the party who had sailed in it was heard from within three years, so that there was every reason to believe said party was dead, then the living wife or husband should be esteemed single, & be able to lawfully marry again; upon consent of the Superior Courts.§


At the same time a resolution was offered in regard to evangelizing the Indians, which was referred to the next October court. In the mean- time the Governor and Council were desired to consider and draw up what they judged most proper and effectual to that end. |


* Col. Rec. Conn., 1717-1725, p. 10. t Col. Rec. Conn., Vol. 1717-1725, p. 13.


# Col. Rec. Conn., 1717-1725, p. 23. § Col. Rec. Conn., 1717-1725, p. 27.


|| Col. Rec. Conn., 1717-1725, P. 31.


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1717]


In October the Governor and Council, having laid before the As- sembly several measures for bringing the Indians in the colony to the knowledge of the gospel, which they represented was the avowed design of those who had obtained the Connecticut patent, they proceeded to pass laws for the furtherance of this project. It was ordered :


" That care should be taken annually, by the officers of each town, to convene the Indian inhabitants & to acquaint them with the laws of the government for punishing such immoralities as they shall be guilty of ;" & make them sensible, "that no exemption from the penalties of such laws lies for them any more than for others of his Majestie's sub- jects."


It was also made a law that any person found guilty of selling strong drink to an Indian, "either by the testimony of one person, with other strong circumstances, or by the accusation of any Indian," should pay the penalty of twenty shillings. In case the con- victed person should appeal to the County Court & judgment be pronounced against him, he was then to pay the sum of forty shillings, the money to be divided equally between the informer-whether an Englishman or an Indian, & the county treasury."


As idleness was accounted "a great obstruction to the Indians re- ceiving the gospel truth," it was thought that they might " be brought off from their pagan manner of living " if they were encouraged to make settlements in villages after the English fashion. It was, therefore, re- solved :


"That measures shall be used to form villages of the natives, wherein their several families should have suitable portions of land appropriated to them, so that the said por- tions should descend from the father to his children, & the more to encourage them to apply themselves to husbandry & good diligence therein to their support." The Judges of the Superior Court, or any two of them, were appointed to view the said tracts of lands, visit the Indians living on then, take account of the number of their families and persons, of the quantity and quality of said lands, with other circumstances thereof, in respect of any claims made thereto, or possession held thereon, and lay a plan of the same before the General Court for their further direction; "& that they may be the better enabled to pro- ceed in forming a village of the said Indians there, & bring them to such civil order. co- habitation & industry, as may facilitate the setting up of the gospel ministry among them. & that they view & make report of all the land formerly sequestered to said Indians." "


At a meeting of the Governor and Council at New London, Decem- ber 14th, Deputy Governor Nathan Gold of Fairfield was one of the Judges of the Superior Court appointed to this service.


It was found necessary at this time to erect suitable court-houses in the county towns of Hartford. New Haven, New London and Fairfield. It was, therefore, enacted that a quantity of ungranted land in the colony should be sold for this purpose, out of the proceeds of which £300 should


# Col. Rec. Conn., Vol. 1716-1725, pp. 15, 31, 32-40.


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[1718


be granted to erect a court-house at Fairfield. Fifty pounds was allowed for furnishing it. Two hundred pounds was also allowed to be divided among the schools of the towns .*


At a town meeting held "December 13, Moses Dimon, Jacob Sterling, Luke Guire & Nathaniel Lyon were given liberty to erect a saw mill on the Aspetuck river in the mile of common, & to raise ye dam so high, as they shall think needful, for the improvement of said mill." +


1718. About this time a very interesting and valuable acquisition to the society of Fairfield was gained in the person of Dr. James Laborie. He settled at Stratford about 1703. For his usefulness as a surgeon of the Connecticut troops in her Majesty's service at Wood Creek, in May of 1710, he was granted by the General Assembly three shillings and four pence per day. He was appointed, with Dr. Samuel Mather, sur- geon of the Connecticut troops against Port Royal in August of 1710. In March of 1711 the General Council at Hartford ordered that he should be paid forty shillings for his good services as chaplain on board the transport "Brigantine Mary," in the expedition against Port Royal. In the following August he was granted ten pounds a month in money by the General Assembly for his services in the expedition against Canada. He was also allowed "a suit of regimental clothes gratis," and one month's pay in advance. His medical diploma, dated London, 1697, which was recorded by the Clerk of the Fairfield County Court in 1713, is written in Latin, and represents him to have been the son of a cele- brated physician of France. The same year the town of Stratford granted him liberty "to build a pew " in the Congregational meeting-house, where Mr. Blacklatch, a churchman of Stratford, had a pew. He left Stratford and came to reside in Fairfield in 1718. The same year he purchased of " Mr. Isaac Jennings the stone house on the rocks," which, in a letter to the Secretary of the Church of England, he says " he had destined to the service of the Church of England." On the town records we find the following vote: " Dec. 16, 1718. The town grants unto Dr. Labarree ye ups of what land he enfenced ajoining to his orchard in Fairfield during ye town's pleasure." §


No sooner had Dr. Laborie settled at Fairfield than he began the labor of Christianizing the Indians in this region. He also gathered such


* Col. Rec. Conn. 1716-1725, p. 36. + Fairfield Town Records.


# History of the Protestant Episcopal Church, by Bishops Francis L. Hawks and William S. Perry, pp. 80-83.


§ Fairfield Town Records.


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persons as favored the Church of England at his house on the Sabbath, and with them used the services of the Church. In this work, however, he was soon silenced by Lieutenant-Governor Nathan Gold, who used him not over tenderly; but he patiently abided his time, as will be shown hereafter .*


The General Assembly met at Hartford. May 8th. The Hon. Nathan Gold was elected Deputy Governor, Judge Peter Burr an Assistant, and Captain Joseph Wakeman and Lieutenant John Edwards representatives from Fairfield. Justice Nathan Gold was made Chief Judge of the Supe- rior Court. Judge Peter Burr was chosen one of the auditors for the colony treasury and Judge of the Fairfield County Courts.


AAt the October Assembly, held in New Haven, Fairfield was fully represented in both houses. " In consideration of the good services of the late Captain Nathaniel Seeley, formerly of Fairfield, who lost his life in the service of the country," the Assembly granted his heirs two hun dred acres of land, to be taken up in the ungranted land in the counties of Fairfield or New Haven.t


Mr. John Taylor was confirmed lieutenant of the cavalry troops, and Mr. Gershom Bulkley quartermaster for Fairfield County.


Judge Peter Burr having been appointed one of four to burn £702 7s 3d. of the old bills of credit, a report was made that they had " burned & utterly destroyed them."


At a Council held at New Haven, October 27th, a petition was pre- sented from the proprietors of the salt meadows of Pine Creek, above the new dam, and of the low meadows adjoining, called Wolf Swamp, and Reed's pond in Fairfield, that commissioners be appointed for drain- ing said meadows, which was granted.+


Judge Burr was by the General Council made one of a committee to settle the division line between New York and Connecticut.


Yale College having become the central educational institution of all the towns in the Connecticut colony, and having from its foundation been largely supported by Fairfield, a more particular mention of this insti tution has been interwoven with the educational interests of our town than might otherwise be deemed justifiable. The Rev. Joseph Webb was not only one of its founders, but one of its most active trustees during a period of nearly thirty years. He made long journeys on horseback to


Appendix-Genealogical.


+ Col. Rec. Conn., 1716-1725, p. 71.


+ Col. Rec. Conn. 1717-1725. p. 89.


4 .


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[1719


Saybrook, Wethersfield, Hartford and New Haven, in order to meet with the other trustees and advise with them for the welfare of the college.


Lieutenant Governor Nathan Gold, Judge Peter Burr, Major John Burr and Captain John Wakeman, with many other leading Fairfielders, were appointed to important trusts connected with the affairs of the college.


At the opening of the General Assembly in May, 1716, the Rev. Timothy Woodbridge, Mr. Thomas Buckingham & other trustees placed before them the languishing condition of the College at Saybrook, & petitioned that a committee be appointed to examine into the circumstances of this unhappy state of the college. It was represented that, as Hart- ford was situated more in the center of the Colony & surrounded with many flourishing towns, which would undoubtedly send a large number of students, the college should be located there instead of at Saybrook. It was also thought that if it was located at Hart- ford quite a number of people from Massachusetts would send their sons there to be educated ; & that some six or seven hundred pounds had already been subscribed, with good reason to expect other considerable donations, which would make up a thousand pounds more.


1719. "It appears that the causes attributed to the languishing condition of the Collegiate School, were not only a want of funds to carry on the institution, butt a general dissatisfaction with its location at Saybrook. Many of the students were obliged to board a mile or more from the college, while those who lived near Hartford & Wethersfield, said that it was a hardship for them to be obliged to reside at Saybrook, when they could as well or better be instructed nearer home." In April of 1717, by a vote of six of the trustees, the college was removed to New Haven. Owing to the dissatisfaction of some of the trustees to this movement, an appeal was made to the General Assembly the follow- ing October, when, " A question being put whether under the present circumstances of the affairs of the Collegiate School, the reverend trustees be advised to proceed in that affair & finish the house they have built in New Haven for the entertainment of their scholars belonging to the collegiate school." It was voted "that the work should continue."


From a marginal note in the Connecticut Colonial Records the fol- lowing important facts of what took place at that time in regard to the Collegiate School is to be gathered in reference to the above note:


" This passed the Lower House in the affirmative by 36 voices. Two days previously the representatives had resolved to settle the college at Middletown by a vote of 35 for that place, & 32 for New Haven. At the session of May, 1717, they had voted that it might be most for the public good & the health of the collegiate school, to have it settled in some place at or near the Connecticut river .- In May. 1718, the House considering the great dissatisfaction of the country in general, do conclude that in order to [the college] flourishing & having the support of this government. it must be settled somewhere near the Connecticut river, and that for the present & until it be so settled, the hundred pounds granted to the tutors for the year 1716, shall be divided between the tutors at Wethersfield, Saybrook & New Haven, according to the proportion of scholars under their tuition; & that it may be recommended to the reverend trustees, that the commencements be inter-




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