USA > Connecticut > New Haven County > Waterbury > The history of Waterbury, Connecticut; the original township embracing present Watertown and Plymouth, and parts of Oxford, Wolcott, Middlebury, Prospect and Naugatuck. With an appendix of biography, genealogy and statistics > Part 7
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64
HISTORY OF WATERBURY.
On the 28th day of June, 1711, Cockapatane, Sagamore of "Saugosset " and Tom Indian, his son, for twenty five shillings deeded to the proprietors of Waterbury "a small piece of land " north of Derby bounds, west of Naugatuck River and south of Toantick Brook.
Thus the limits of ancient Waterbury, as described by the several deeds from the Indians, extended from north to south eighteen miles, and from east to west, nine miles towards the northern line and six miles towards the south.
The territory in question was all honestly purchased, most of it twice, and some of it three times. And it was bought not with baubles, but with hard cash. However it may have been in other cases, our ancestors did not get possession of their lands by robbery, or finesse. They were neither " filli- busters " nor cheats. What they had of this world's goods, which was but little, they paid for. Doubtless, those who conveyed their lands did not obtain possession by a method equally just. But it has been claimed that the Indian own- ers or occupants of the soil did not know the significance of a deed by which they parted with their titles, and could not comprehend the consequences of their acts .* But they did know what a sale meant. They did know in our case, (as there are the best reasons to believe,) as they signed the deeds with "marks uncouth," that they were selling their lands, and thus giving up the right of possession. And as for consequences, even the white purchasers had but the dimnest notions. Were they to wake up from their long sleep, and see what our eyes behold in the year 1857, their astonishment would be unmeasured. Nor was the price paid so entirely disproportionate to the thing bought. Sixty-three pounds-the amount of all the purchase money-was to the first planters of Waterbury, a large sum. It probably repre- sented as much wealth as the lands would have sold for at this day, had the country generally remained in the undisturbed possession of the savages.
Civilization, industry, skill and thrift have made the Nauga-
* Judge Church's Litchfield Centennial Address, p. 26.
Wilderness
Poland
Village
West Brauch
Wooster Swamp
Northbury
Scottst Mountain
Farmington
RangPOOM
teels
Brook
Bucks Hill
Farming bury
Burnt
Long
Great Brook
Sequester Line
Break
Turkey Brook
Ne
Town Plot
smug Brooke
Mill Brook
Fiddling
Walling ford
Judds Meadow !!
Long Meadow Brook
Twelve Mile: stake
Pond
Three sisters
Toàntick
Beacon Brook
New Haven
Derby
Milford
THE OLD TOWNSHIP OF WATERBURY.
Hop
Brook
Chusseper Pour
Naugatuck Rivr.
PAIOIXO
M' Tavlor Hancox Brook
We Af bary
Spindle Hill
Mill River
1
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HISTORY OF WATERBURY.
atuck valley what it is. The wealth which exists here to day has been created by their agency. The soil has been subdued and improved, its incumbrances removed and its capacities developed. Fences, bridges, roads, railways, mill-dams, mills, factories, store houses and dwellings have been built. Quar- ries have been opened, swamps drained, stones removed and trees felled. Farms have been stocked with horses, horned cattle, sheep and swine. Superior grasses have been introduc- ed and orchards planted. The Indians did none of these things-transferred nonc. They conveyed the naked soil, (much of it literally naked,) without any improvements, and totally unfitted in its then natural state for the abode of civil- ized men. They sold that of which they had a superfluity, and which they were incapable of putting to profitable use. It was the smallest fraction of a continent running to waste, awaiting a purchaser and the application of capital. The value which population and cultivation, labor, skilled and un- skilled, invention, science, capital and commerce have given, should be kept distinct from natural and inherent value. The former our fathers did not purchase, and did not obtain, and for which it did not behoove them to pay. The latter they bought, and like honest men, paid for it. They thought they gave a fair equivalent-more indeed, perhaps, than they would have been willing to give, had it not been for their ignorance of better lands, at cheaper rates, farther west, and in other localities. If they took advantage of the ignorance of the natives, they lost more, it may be plausibly said, by their own lack of information. At any rate, for many long years they apparently considered their bargain a hard one; and most likely, had it not been for their improvements, would have abandoned the settlement. Many did so, glad to escape at any necessary sacrifice.
The wild Indian is not the precise being he is represented in many works of romance. He has been painted as possess- ed of certain manly traits, and the truth of the likeness, illus- trated by certain examples. But his general character is quite the reverse. He is given to lying, cheating, thieving. He is lazy, thriftless, faithless, bloodthirsty. He lives like a rob- ber and a vagabond. His cunning and his courage are like
5
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HISTORY OF WATERBURY.
those that belong to certain beasts of prey. The only restraints he knows are those imposed by indolence and fear. Brought into contact with a civilized people, he learns all their vices, but not one of their virtues. He becomes a drunkard-an outcast. Every persistent attempt to civilize and Christianize him has resulted in the annihilation of the race. He is essentially, as is now generally admitted, untamable, as much so as certain wild animals. Attempts to improve him, do violence to his nature, and in a few generations sweep him out of existence. His character is essentially defective. He appears to lack the moral sentiments necessary to a higher life. These the appli- ances of civilization are inadequate to supply. I admit there is a difference in different tribes, and that various degrees of partial improvement, among certain Indian races, have some- times resulted from the efforts of philanthropists. Neverthe- less, that the general fact is as stated, is undeniable.
The Indian titles to the lands proposed to be included in the township being secured, the inhabitants of Mattatuck were prepared for a town patent, or act of incorporation. They presented a petition to the General Court at the May session of 1685, praying for "a Patent for the confirmation of their lands unto the present proprietors." They chose Serg. Thomas Judd and Serg. John Stanley "Patentees to take out a Patten for the township." Other names, however-those of Robert. Porter, Edmund Scott, Isaac Bronson and John Welton-are inserted in the instrument itself.
Probably the application was made at this particular time on account of the critical condition of the Colony. James II had ascended the throne of England and nothing good was expected from his reign. There was some delay, however, in obtaining the patent. In the mean time, three successive writs of quo warranto* were served on the Governor and Com- pany of the Colony, and it became evident that the Charter was doomed. The inhabitants of Connecticut were of course greatly alarmed. The people of the different towns and settle- ments were in haste to get their land titles and town franchises secured by a patent from the local government, in anticipation
* A warrant requiring the party summoned to appear in court and show by what authority the powers of government were exercised.
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HISTORY OF WATERBURY.
of its dissolution. Thus they hoped to save themselves from the extortionate demands of royal governors. The General Court had authorized the governor and secretary of the Col- ony, in May, 1685, " to give patents and deeds to the proprie- tors of every township of all lands and rights," &e. All the towns then existing availed themselves of the privilege, and the new plantation seized the opportunity to gain a similar grant.
Mattatuck was invested with town privileges, in the usual way, May, 1686. Here is the form :-
This Court Grants that Mattatuck shall be and belong to the county of Hartford and the name of the plantation shall for the future be Waterbury. [May 18, 1686.]
The new town took the name of Waterbury on account of its numerous rivers, rivulets, ponds, swamps, " boggy mead- ows " and wet lands. Bury is another way of spelling borough or burg, and signifies a dwelling place. It is a pity the beau- tiful old Indian name of Mattatuck was not retained. But our Puritan ancestors regarded these native words as heathen- ish, and were in haste to discard and forget them. Latterly, they have been in some cases revived and applied to the new towns, to corporations and various local institutions and objects. Our friends down the river showed their good sense when they called their new town Naugatuck, (another beautiful name,) where the second settlement in the valley was made.
Sir Edmund Andros, of charter memory, arrived in Boston, Dee. 1686. Waterbury's patent was issued soon after, bearing date Feb. Sth, 1686-7.
Whereas the Generall Court of Connecticut haue formerly Granted unto the inhabitants of Waterbury all those lands within these abutments viz upon New Haven in part & Milford in part & Derby in part on the south & upon Woodbury in part & upon the comons in part on the west & upon Comon land on the North: & east in part upon farmington Bounds & in part upon the comons & from the South to the north line extends Thirteen Miles in length & from farmington Bounds to Woodbury about nine Miles breadth at the North & some what less at the South end the sayd lands hauing been by purchass or otherwise lawfully ob- tayned of the native proprietors, And whereas the proprietors Inhabitants of Wa- terbury in the colony of Connecticut in Newengland have made application to the Governor & company of the sayd colony of Connecticut assembled in Court the fourteenth of may one Thousand Six Hundred & Eighty fiue that they may haue a patent for the confirmation of the afoarsayd lands as it is Butted & Bounded
68
HISTORY OF WATERBURY.
afoarsayd unto the present proprietors of the sayd Township of Waterbury which they haue for some years past enjoyed without Interruption Now for more full confirmation of the premises & afoarsayd Tract of land as it is butted and Bound- ed afoarsayd unto the present proprietors of the Township of Waterbury Know yee that the sayd Govr & company assembled in Generall Court according to the commission granted to them by our late Soveraign Lord King Charles the Second of the blessed Memory in his letters patent bearing date the Three & Twentyeth day of April in the fourteenth year of his Sayd Maties Reigne haue given and Granted & by these presents doe giue grant rattify & confirm unto Thomas Judd John Standly Robert Porter Edmund Scott Isaac Brunson John Wilton & the rest of the proprietors Inhabitants of the Towne of Waterbury & their heirs & assigns forever & to each of them in such proportion as they haue already agreed upon for the division of the Same all that a foarsayd Tract of land as it is butted and Bounded together with all the woods uplands arable lande meadows pastures ponds waters Riuers fishings foulings mines Mineralls Quarries & precious Stones upon and within the sayd Tract of lands with all other profits and comodities tnere- unto belonging or in any wise appertaining & we doe also Grant unto the afore named Thomas Judd John Standly Robert Porter Edmund Scott Isaac Brunson John Wilton, & the rest of the prsent proprietors Inhabitants of Waterbury there heirs and assigns foreuer, that the foresayd Tracts of land shall be foreuer hereafter deemed reputed & be an Intire Township of it Selfe to haue & to hold the sayd Tract of lands & premises with all & Singular their appurtenances together with the priviledges, Immunities & franchises herein given & granted to the sayd Thomas Judd John Stanly Robert Porter Edmund Scott Isaac Brunson John Wilton & others the present proprictors Inhabitants of Wa- terbury their heirs assigns & to the only proper use and behoofe of the sayd Thomas Judd John Standly Robert Porter Edmund Scott Isaac Brunson John Wilton & the other proprietors Inhabitants of Waterbury their heirs & assignes forever according to the Tennore of his Maties Manor of East Greenwich in the County Kent in the Kingdom of England in fee & common' soccage & not in capitee nor Knight seruice they yeilding & paying therefore to our Soverigne Lord the King his heirs & successors onely the fifth part of all the oare of Gold & Silver which from time to time & at all times hereafter shall be there gotten had or obtained in Lue of all rents services dutys & demands what- soever according to the charter in witness whereof we have here unto affixed the seal of the Colony this eighth of febuary in the Third year of the reign of sd Soueraigne lord James the Second by the grace of God of England Scotland france & Ireland King defender of the faythe of or Lord 1686:
Pr order of the Generall Court of Connecticut
JOHN ALLYN Secret'y
At the May session of the General Court, in 1703, the Wa- terbury patent, as well as the patents of the other towns in the Colony, was confirmed in the following act :
Whereas the Court did authorize May 14, 1685, the Governor & Secretary of the Colony to give Patents or deeds to the proprietors of every township [&c] of all lands & rights [&c] & did ratify all sequestrations, and donations, [&c.] it is hereby enacted that the several above mentioned lands with all the rights [&c.]
69
HISTORY OF WATERBURY.
contained in the above mentioned Pattents shall be & remain full & clear estate to the Proprietors of the respective towns mentioned [&c. ] & the lands sequestered & given to public and pious uses shall remain forever for the same, [&c.]
At the October session of 1720, the proprietors of Water- bury petitioned that a new "deed of release and quit claim of and in the lands within the town may be granted and be signed and sealed by the Honorable the Governor and the Secre- tary." The petition was granted and a patent furnished in a more approved and ample form.
One reason for this new deed appears to have been the neg- leet to enter the names of all the proprietors, the grantees, in the former deed. Other reasons were probably found in the irregular practices and informal proceedings of the pro- prietors in disposing of their lands, hereafter to be noticed. The original patent, in the hand writing of Mr. Southmayd, (except the date and signatures,) is in the writer's possession :
To all people to whom these presents shall come, the Governor and Company of the English Colony of Connecticut, in New England in America, send, Greeting, &c. - KNOW YE, that whereas all the lands contained within these abutments, Viz. beginning at a certain chestnut tree marked and stones about it, which is Water- bury's south west corner and Woodbury's south east corner, thenee running north- ward thirteen miles to a small white oak tree marked with divers letters, and a heap of stones about it, which tree is Waterbury's north west corner and Woodbury's north east corner, thenee running east eight miles till it strikes Farmington bounds, thence running south to the south west corner of Farmington bounds, thence east till it comes upon Wallingford bounds, and from thence a straight line to a certain chestnut tree, known by the name of the three sisters, which tree is Waterbury's south east corner, & Wallingford's south west corner, New Haven's north west corner, and Milford's north east corner, thence westerly a mile and six score rods to Milford's north west corner, thence south to Beacon Brook, thence westward as the brook runs, to a great roek marked on the west side of Naugatuck River, thence a straight line to the twelve mile stake, thenee west to forementioned tree which is Waterbury's south west corner and Woodbury's south east corner, and is about five miles and a half in breadth at the south end of the bounds, butting west on Woodbury, north in part on Litchfield and in part on country land, to the east in part upon Farmington and in part upon Wallingford, to the south in part upon Milford and in part upon Derby .- Were purchased and lawfully obtain- ed of the Indian native proprietors, and have been possessed and improved, for the space of more than forty years, by the persons whose names are hereafter mentioned, being present inhabitants and proprietors of Waterbury, in the Coun ty of Hartford and Colony of Connecticut aforesaid.
And Whereas King Charles the second, our late sovereign lord of England, &c., by letters patent, under the great seal of England, by writ of privy seal, bearing date the twenty eight day of April, in the fourteenth year of his reign, did give
70
HISTORY OF WATERBURY.
and grant and confirm unto us the said Governor and Company all the lands with- in the Colony aforesaid, in which those lands are included, and the said Governor and Company did in the year one thousand six hundred and eighty five, May the fourteenth, grant letters patent for the land above sd to Thomas Judd, Esq., John Stanley, Edmund Scott Isaac Bronson, and John Welton, and others the then in- habitants of Waterbury, whose names should have been then enrolled but were not,-For this and other reasons and good causes, the said Thomas Judd, Esq., and other the inhabitants, proprietors of Waterbury, now moving to ns the Gov- ernor and Company in general court assembled, for the more sure making and firm establishing of the rights to us given of the lands aforesaid unto them accord- ing to the several descents, devises, grants, divisions, agreements, to them fallen, given, made, coneluded, purchased, or purchases by them made or procured, ac- cording to, or as are, to be found in their town records, from time to time, as they come to the said Thomas Judd, and all other the inhabitants, proprietors of Wa- terbury, whose names are hereafter declared, and whereby their several rights, proprieties and properties and proportions are distinguished whether holden by them in fee simple or fee tail, or considered for life, or lives, or years, in severalty, or as tenants, joint-tenants, or as partners-
Now Know Ye that we the said Governor and Company in General Court assem- bled, by virtue of the letters patent, to us given by our sovereign lord King Charles the second, of happy, blessed memory, have granted, remised, released and quitted claim, and by these presents, do fully and absolutely for us and our successors, give, grant, remise, release, and altogether for us and our successors, quit claim, ratify, approve and confirm in the quiet and peaceable and firm seizin and posses- sion of the said Thomas Judd, Esq., John Stanley, Edmund Scott, Isaac Bronson, John Welton, Capt. Thomas Judd, Esq., John Southmayd, Timothy Stanley, John Hopkins, Abraham Andruss, Sen., John Richards, Edmund Scott, the heirs of Abraham Andruss, Jr., the heirs of John Newell, the heirs of John Carrington, the heirs of Daniel Warner, John Seovill, Sen., Thomas Judd, the heirs of Joseph Gaylord, the heirs of John Bronson, Daniel Porter, Sen., the heirs of Philip Judd; Thomas Newell, Jeremiah Peck, Jonathan Scott, Sen., Richard Porter, Stephen Upson, Sen., the School, the Parsonage, Samuel Stanley, Isaac Bronson, William Hickox, Thomas Hiekox, Samuel Seott, Ephraim Warner, Thomas Upson, Thomas Andruss, John Bronson, Thomas Richards, Sen., John Barnes, Benjamin Warner, Thomas Bronson, Ebenezer Bronson, Samuel Porter, Obadiah Scott, the heirs of Thomas Welton, George Welton, the heirs of Stephen Welton, Ebenezer Hickox, Jr., Stephen Upson, Jr., the heirs of John Richards, Jr., Thomas Barnes, Samuel Warner, Sen., John Scovill, Jr., Ebenezer Riehason, Thomas Clark, George Scott, Jr., David Scott, Sen., Jonathan Seott, Jr., John Welton, Jr., the heirs of John Richason, Stephen Hopkins, Joseph Lewis, William Judd, Daniel Porter, Jr., the heirs of John Judd, Timothy Hopkins, George Scott, Sen., Joshua Peck, Richard Welton, Benjamin Warner, Sen., Daniel Shelton, Joseph Prime, Josiah Platt, James Fenn, Moses Blachly, [Blakeslee, ] John Prout, Thomas Furney, [Turney, ] Joseph Moss, Israel Moss, Richard Bronson, the heirs of Samuel Howard, Eliza- beth Wilson, Joseph Birdsey, the heirs of Thomas Richason, John Read, James Brown, the heirs of Serg. Jamuel Hickox, Hezekiah Rew, Ebenezer Hickox, Sen., Samuel Mix, Silvanus Baldwin, James Blachly, [Blakeslee, ] Samuel Barnes, James Poisson, Samuel Warner, the heirs of Obadiah Richards, the heirs of Obadiah
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HISTORY OF WATERBURY.
Seovill, John Stanley, the whole right, title and claim which we have in or unto all the above said tract of land, bounded as abovesaid, with all the buildings, fences, orchards, trees, wood, timber, underwood, stones, precious stones, quarries, mines, minerals, lands, uplands, pastures, marshes, arable lands, meadows, swamps, rivers, brooks, ereeks, ponds, springs, waterings, islands, upon or within the above said traet of land, and with the rights, members, appurtenances, hereditaments, and the rever- sion and reversions, remainder and remainders, royalties, privileges, whatsoever, of into, within and out of the premises, and any and every part and parcel of the same, to them and every of them, their heirs and assigns forever, according to their and each of their several parts, portions, proportions, shares, rights and interests, in, of and unto the lands above described, to be distinguished according to their several descents, devises, grants, divisions, agreements, and purchases, as of record appeareth, and by records of said town of Waterbury may be seen, (reference thereunto being had,) in this instrument- TO HAVE AND TO HOLD, to them the said Thomas Judd, Esq., John Stanley, Edmund Seott, Isaac Bronson, John Welton, Capt. Thomas Judd, John Southmayd, Timothy Stanley, John Hopkins and all others, the inhabitants, proprietors of Waterbury, whose names have been above declared, and to their and each of their heirs, according to each one's several proportions aforesaid, to their proper use, benefit and behalf for ever.
And whereas, there is in the actual seizin and possession of the said Thomas Judd, Johu Stanley and others, the inhabitants and proprietors of Waterbury, sundry lands within the limits above described, called and known by the name of sequestered lands, sequestered by vote of the town of Waterbury and reserved for the town's use, intended to be improved and used by the inhabitants of said town as commonage, for the common and general feeding of cattle, for firewood, timber, stone, and any and all other the profits and conveniences thereof, without any regard to the distinction of shares, rights, proportions of interests, or property in the said lands-therefore upon motion made to us by the said present proprietors of Waterbury-We the Governor and Company of the English Colony of Connect- icut, in New England, in America, in General Court assembled, do for ourselves and our successors, fully, freely and absolutely, remise, release, quit claim, ratify, approve and confirm, in the quiet and peaceable and firm seizen and possession of the said Thomas Judd, John Stanley, Isaac Bronson, John Welton, Capt. Thomas Judd, John Southmayd, Timothy Stanley, John Hopkins, and all other the pres- ent proprietors, inhabitants of Waterbury, as have been before named-the whole right, title and elaim that we have had, or have in or unto the said sequestered lands above described, limited and bounded, as the records of the town of Wa- terbury will more fully show, (reference thereunto being had,) To have and to hold, to them the said Thomas Judd, John Stanley and others the proprietors above named, their heirs, successors and assigns, in equal proportion, as town commons, to be ever improved, used and occupied by them, the parties above named, their successors and assigns, in the way and manner above set forth, (which was the design and intent of the first sequestration,) without any distine- tion and particular limitation of the yearly and constant profits arising therefrom to the several proprietors among themselves, and never to be impropriated, grant- ed, divided, or taken up in severalty, until three quarters of the proprietors, inhabit- ants of Waterbury, shall agree thereunto.
The whole of what is in this instrument above released, quit claimed and con- firmed, To hold of his Magesty, his heirs and successors, according to the tenor of
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HISTORY OF WATERBURY.
his Magesty's Manor of East Greenwich, in the County of Kent, in that part of the Kingdom of Great Britian formerly called England, in free and common soc- cage, rendering, yielding and paying therefor to our sovereign lord the King, his heirs and successors, for ever, only the fifth part of all the oar of gold and silver which, from time to time, and at all times hereafter, shall be gotten and obtained, in lieu of all services, duties and demands whatsoever, according to the charter of us the said Governor and Company granted, without any manner of claim, chal- lenge, or demand whatsoever, to be had or made by us, or our successors, in any manner of wise-
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