USA > Connecticut > New Haven County > Derby > The history of the old town of Derby, Connecticut, 1642-1880. With biographies and genealogies > Part 17
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Chebrook, his mark.
Wankacun, his mark.
Wetupaco, his mark.
95
INDIAN TOBIE'S LAND.
ing in signing deeds of the same land at ten years distance of time, and some different names at each time. They say they sell this land with consent of their Sagamore, which indicates, as well as the same fact in other deeds, that the Indians were not only divided into clans, or small companies, being still of the same tribe, but that the lands were divided among the In- dians, certain ones owning a certain tract set apart to them. This is indicated in most of the later deeds.
It has been supposed and published in different papers that the Indian Tobie received his land of Capt. Ebenezer Johnson, and while there is no doubt but that gentleman aided his former servant, yet the deed of that land speaks to the honor of others as well.6 This land was bounded by Lopus plain and rocks, in part. It is said that this name originated from that of a man by the name of Loper. It is quite certain that no man by that name had owned land there up to this time when the name is used. If such an one had been there before, he was a squatter, and such a man the town would have sent out of its borders so quick that he could give no name to anything, and in that case there would have been some record of the transaction, which record has not been seen.
"Proprietors of Wesquantock, with consent of our Sagamore, for twenty pounds in hand received, have sold a certain tract of land called Wesquantook and Rockhouse hill. Derby Aug. 15, 1698. Boundaries nearly the same as in 1687.
Indian Witnesses Mawquash, Cheshconeeg.
Neighbor Putt,
his mark.
Cockapatouch, his mark.
Nonawauk, his mark.
Gyouson, his mark.
Kenxon, his mark.
Raretoon,
his mark.
Tazchun, his mark.
Rashkoinoot,
his mark.
Thomasseet,
his mark."
"6Know all men . . that we Cockapatana and Huntawa, Sachems of Paugasuck, and Jack Tots, Shoot Horn and Mutshok, in the name and upon the proper account of ourselves and all the Indians of Paugasuck that are proprietors there of, for and in consideration of ten pounds and a barrel of cider paid and secured, with which we do acknowledge ourselves fully satisfied, sell . . unto Tobe, a Narranganset Indian formerly servant unto Capt. Ebenezer Johnson of Derby, . . a certain tract of land, bounded North with Chestnut tree hill and Lopus rocks, east with Naugatuck river against Beacon hill, west with the Little river against Thomas Woosters land, and southward with Rimmon hill and Rimmon hill rocks pointing into the Little river, and from the upper end of Rimmon hill through Lopus plain running between two
1
96
HISTORY OF DERBY.
It is said again that the man, whoever he may have been, had a horse that had a peculiar gait or movement in trotting, and by this horse called the Loper, the place received its name, but it should be remembered that no Englishman had resided in that region with a title of land but possibly Thomas and David Wooster, and that only a few years; and some of the Johnsons on the east side of Naugatuck north of or about Rock Rimmon.7
ponds in Lopus plane through the hill swamp and so to Naugatuck river; unto the said Tobe, his heirs and assigns forever.
Derby, Sept. 7, 1693.
Cockaptana, his mark.
Punwon, his mark.
Indian Jacks, his mark.
Indian Shot, his mark.
Indian Toto, his mark.
Will Mashok, his mark.
Wequacuk, his mark.
Huntawa, his mark."
" We Cockapetouch Chops, Rawneton, Indians belonging to Potatuck, yet having a certain swamp in Derby bounds called Squantick swamp which we gave about four- teen years ago to our friend Tobie and upon the consideration of friendship, & have with other Indians as Keuckson, & John Banks, laid out said swamp to Tobie & re- newed the bounds lately, according as is hereafter mentioned. . .. We do freely give, grant & confirm unto the said Tobie, an Indian that lives with the English, brought up by Mayor Johnson, from a boy, his heirs assigns forever.
June 18, 1707, Sixth year of Queen Anne.
Witness
Cockapatows,
his mark.
Joseph Wheeler. Joseph Wheeler Jun.
Chops, his mark.
Mashekes, his mark.
Rawneton, his mark."
Weroces, his mark.
7" That we Cockapatani, Sachem and Ahuntaway Gentleman, Indians in considera- tion of four pounds ten shillings in hand received by us of Capt. Ebenezer Johnson and Ens. Samuel Riggs . . do sell a certain quantity of [land] at Rimmon bounded southward with David Wooster his land and the above Ensigns his land and Nau- gatuck river westward, and north with Tobe Indian purchase. April 16, 1700.
Cockapatana. Huntaway."
" Another tract called a certain parcel of meadow and upland lying at the upper end of Chestnut tree hill, containing twenty acres . . . bounded by marked trees on the north & west & east side, & a rock at the south side with a heap of stones. " This 16th day of April 1700.
Cockapatuni. Huntaway.
"This deed given to Capt. Ebenezer Johnson & Ens. Saml Riggs."
"Deed given by 'Cockapatana sachem of the Indians' of Pagasuck and Ahuant- away of the same, in his majesty, in consideration of a shilling in hand received, sell to Davide Wooster a piece of land & meadow bounded as follows, northward by naugatuck river, Southward with a purchase of David Wooster, being of Cockapa- tana, & also by the little river, & eastwardly the ledge of rocks-the ledge on the
97
TOBIE'S PATENT.
The Indians may have owned such a horse, but that interferes with the yarn of the story.
There is a tradition about Tobie that has much more founda- tion. It runs thus: Captain Ebenezer Johnson being sent with a squad of soldiers to subdue some Indians did his work so thoroughly, as was his custom, that not an Indian was left except the dead on the battle field. The fight ended at dusk and the captain and his company slept on the battle field. Early in the morning the captain walked out on the field of conflict the day before, and as he stood viewing the scene, suddenly he felt some- thing clinging to his feet, and looking down saw a little Indian boy looking up most hesitatingly and pitifully. This boy the captain took home with him, and this was Tobie.
The deed says he was a Mohegan Indian, and Captain John- son says he obtained him of a Mohegan Indian. The captain no doubt in one of his missions with his soldiers went to New London or its vicinity, and there obtained the boy, who grew to be an honor to himself, his tribe, his benefactor and his adopted town.
In 1713, after the inhabitants of Derby had obtained a pa- tent for their township, of the General Assembly,8 as many other, or all other towns sought to do after 1700, Tobie ap- plied to the Assembly for a patent for his land. Upon this the town appointed Sergeant Law and Sergeant John Riggs, and in case Mr. Law could not attend to it, Sergeant Samuel Gunn, in his place, as attorneys to go to the Assembly and oppose Tobie's petition. Poor Tobie, if he had been after anything of particular value what a mountain he would have had to climb -the town of Derby, two lawyers, and another near at hand, and he himself nobody but a picked up Indian ! Yet he scared the whole town. What would they have done with a little town owned by one man, inside of Derby ? It is said that a "fly about
west of the long plain, westward along upon the ledge of rocks that lies northward over the hollow . . & so down to the little river. May 6, 1798.
Cockapatana, his mark.
Ahuntaway, his mark.
Jacks, his mark."
8In 1698, the General Court changed its name to General Assembly, and divided into the Upper House and Lower House.
13
98
HISTORY OF DERBY.
the breathing organ wakes more people than the thunderings of all the steam cars in the world."
But Tobie did not stay long. His kindred were lost to him no doubt on some battle field, and the time of his orphan so- journ he filled with honor, then went forward to find those who had gone before ; and gave his land, which was divided accord- ing to his will, in 1734, to Timothy .Wooster, Peter Johnson, Ebenezer Johnson and Timothy Johnson ; all except Wooster were sons of Capt. Ebenezer Johnson ; these were his kindred. If there be no future retribution and awards, what a world of unrighteousness and injustice the present one is ! And if the endless future of all intelligent beings is fixed by the conduct of the present life, what a monstrous system of inequality, dis- advantage, and fatal damage governs the present state of exist- ence !
From the imperfectness of the records, the exact time of the dismissal of Mr. Bowers from the pastorate, cannot be obtained. Mr. Webb, is made town clerk9 for the year 1691, doing his work very finely as to penmanship and scholarship, and is said in the public prints to have preached here, yet the town records show nothing of the kind so far as seen. Trumbull's state- ment that he preached here is doubtless true, but not over two or three years.
In 1690, the town engages in building a parsonage house. Mr. Bowers owned his house, and when he was dismissed the parish had no parsonage, and because of the items of interest recorded about the making of this house, the record in full is given.
" Nov. 25, 1690, voted to hire a carpenter for to build an house for a minister, viz., to fall the timber, hew it, frame it and raise it, and to get all the clapboards and shingles ; to dress and lay them. And to
9Dec. 28, 1691. Mr. Joseph Webb, was sworn to the following oath, and recorded it " Whereas, you Joseph Webb are chosen & appointed to be Town clerk or register of the town of D. you do swear by the great & dreadful name of the everlasting God, that you will faithfully and carefully execute the office & place of a Town Clerk according to your best skill for the Town of D. and make entry of all such grants, Deeds of state, mortgages of land as shall be completed according to law, & all mar- riages, births, and deaths & other writings as shall be brought to you desired to be ยท recorded & that you will grant & deliver necessary copies when required of you, & pay tendered for the same, so help you God."
99
SEEKING A MINISTER.
make all the window frames, and set them up. The town have chosen Capt. Ebenezer Johnson, Isaac Nichols, Philip Denman, to agree with the workmen. And the town doth engage to pay according to the town-rate, for building the said house according as the three men above mentioned shall agree, or any two of them.
"Jan. 16, 1691, voted to allow for boards 1} inches, eight shillings, six pence per thousand. Voted to allow six pounds, ten shillings for the building and finishing a cellar twenty feet one way and seventeen feet the other."
The money was to be raised on the list of 1690, to pay for the building the house.
" The town have chosen Ens. Samuel Riggs & Samuel Hull, a com- mittee to call forth men to work with their teams at the ministers house, and they shall give two days warning at least to those they call out, [and] whosoever shall refuse or neglect after legal warning shall pay five shillings as a fine for every such neglect, to be improved towards the building said house, and these two men above said are empowered to destrain such fines."
In 1692, they vote to " seek for Mr. Tomas Buckingham, to be helpful to us in the work of the ministry, and if they cannot prevail with him, then they having word to seek for Mr. Stephen Mix, for his help in the ministry.
" Further the town have chosen Captain Johnson, to see if he can prevail with Mr. Buckingham to come and preach amongst us, and to offer a minister for salary, fifty pounds and the use of the parsonage and his wood, if he continue in the town a year.
"In August 1693, they voted to give a "minister that will come and settle amongst them, forty pounds a year and the use of the parsonage and his fire wood, and if he will continue with them six years, then they will give him forty acres of upland and meadow."
In February next, they voted that they desired Mr. James would settle among them. And further, "they have agreed to be at the cost to transport his goods down in case he will set- tle amongst them," and appointed a committee to agree with a man or men to bring down his goods. In November of the same year, they provide for Mr. James's wood, "according to
100
HISTORY OF DERBY.
heads that are sixteen years old and upward, every one a load, and the wood shall be delivered all to him by the first of De- cember next." Therefore Mr. James was settled here in the spring of 1694. Thus again the ship of state with a minister was afloat and under fair sailing.
The General Assembly enacted in 1696, that no wheat should be transported out of the colony except it be converted into flour, except at the forfeiture of the wheat.
The reason for this is not given, but it worked good for Derby, for they found cause soon after to build a new flour mill.
ITEMS.
" Jan. 16, 1690-1. Voted that whosoever shall neglect to appear at the place appointed for the town meeting, within an hour after the time appointed for it, having had legal notice and warning. shall pay as a fine for every such neglect, two shillings and six pence, and shall be obliged to stand to what the town then acted."
" Dec. 4, 1693. Voted that Thomas Smith shall have leave to come into the town for two months, then if they see cause to remove him out of town. that then he shall surely go out."
" Feb 13, 1694. The town grant Thomas Smith a home lot at Grape Swamp." No explanation given.
" In 1692. They have agreed that the country road shall run over Sentinel hill down to two-mile brook. Further they have granted Captain Johnson the old road that goes now from Abel Holbrook's house down to the two mile brook for exchange for the other road."
The first act, authorizing ordained ministers of the Gospel to marry persons, was passed by the General Assembly in 1694, previous to which, the officers of the state performed that cer- emony.
Feb. 8, 1682. Mr. Richard Bryan [sold] one sorrel Mare Colt Branded with x on ye nere Buttock & two hapenies out of ye offer eare : A white in ye Face & A sorrel spott in ye white toward ye offer or Right Eye; & the nere or left hoves Behind & Before white.
One black hors Colt with astreak of white Down the face To the mouth ; Branded with x on ye nere or left Buttock & Two happenies cutt out of ye offer or right eare.
Abel Gunn of Derby hath changed to Ephraim Sanford at Milford
IOI
EAR MARKS.
agray hors about 6 years old a gelding & docked ; Branded with A on ye nere or left shoulder & a hapeny cut out of the offer eare.
1689, William Tyler Jr. sould, to Ebenezer Johnson of Derby a black horse with a white face, two wall-eyes, three white feet and dockt, branded upon the left buttock with W T upon the left shoulder with M.
Dec. 30, 1703, Memorandum That John Tybals & Abel Gunn ex- changed horses and yt ye horse wch heaforsd Tybals had off ye sd Gun is a dunne horse with a black list down his back & a white ring round his nose & an half penny on ye near ear on ye underside theroff. And ye horse Abel Gun had off goodman Tybals is a sorrel horse with a white blaz on his face & an half-penny on ye under side ye off ear & an H on ye near shoulder & I. C. upon ye near buttocks.
Entered ye day & date above.
per me Jno James Recorder.
EAR MARKS FOR CATTLE.
1785, Samuel Griffins eare marke for cattle & swine, is a hapeny cut out of the under side of the offer eare or right eare.
Widdow Hargers eare marke is a slitt in ye nere or left eare & a hool in ye offer or Rightt eare.
Isaac Nichols, sen., his eare mark is a hool in the nere or left eare & a slitt on the under side of the offer or right eare ; the slit is down- ward of the eare.
CHAPTER IV.
EDUCATION, ENTERPRISE AND IMPROVEMENTS.
1701-1731.
HEN we consider the state of society, and especially the farming class in England, only a hundred years before the settlement began in Derby, we must con- clude that here great progress was made during the first hundred years, although without the comparison we might judge otherwise. We are told that during the fifteenth and considerable part of the sixteenth century, the comfort of the farmers there was not equal to America during its first century.
"The cottages of the peasantry usually consisted of but two rooms on the ground floor, the outer for the servants, the inner for the master and his family, and they were thatched with straw or sedge; while the dwelling of the substantial farmer was distributed into several rooms ; above and beneath was coated with white lime or cement, and was very neatly roofed with reed; hence, Tusser, speaking of the farm house, gives the following directions for repairing and preserving its thatch in the month of May :
"' Where houses be reeded (as houses have need) Now pare of the mosse, and go beat in the reed : The juster ye drive it, the smoother and plaine More handsome ye make it, to shut off the raine.'"1
" A few years before the era of which we are treating, (that is, the first half of the sixteenth century) the venerable Hugh Latimer,2 describing in one of his impressive sermons the economy of a farmer in his time, tells us that his father, who was a yeoman, had no land of his own, but only 'a farm of three or four pounds by the year at the most ; and hereupon he tilled so much as kept half a dozen men.' Land let at this period at about a shilling per acre ; but in the reign of Elizabeth (from
1This was printed in 1744, when much progress had been made in farmers' houses. 2Born in 1472.
IO3
PRIVATIONS IN ENGLAND.
1558 to 1603) its value rapidly increased, together with a proportional augmentation of the comfort of the farmers, who even began to exhibit the elegancies and luxuries of life."
" In times past the costlie furniture staied there (in gentle- men's houses) whereas now it decended yet lower, even unto manie farmers, who by vertue of their old and not of their new leases, have for the most part learned also to garnish their cup- boards with plate, their ioined beds with tapistrie and silk hang- ings, and their tables with carpets and fine naperie, whereby the wealth of our countrie (God be praised therefore, and give us grace to emploie it well) dooth infinitely appeare."
Hence, a few of the people, only a few, had silver plate when they came to this country, and a few more had pewter plate, and fine furniture, but mostly they came as having had but few comforts, no luxuries, and very little of anything but hard work with few privileges. Hence, as soon as they began to re- alize the luxury of owning their own lands, and owning as much as they could pay for, under circumstances favoring a large amount of produce from the land cultivated, the spirit of enter- prise seized almost the whole country, and such ambition, cour- age, bravery and endurance of fatigue was maintained, as is not found in the history of any age that is past. And what is more, from that day to this, the nation has been rising, intel- lectually, socially and religiously, while they have improved in the comforts, conveniences, luxuries and elegancies of home life. Progress, intellectual, physical and religious, has marked every step of the Pilgrim in the New World to the present hour, and now is moving faster than ever, as if riding in a splendid carriage, casting its great favors upon all people, irrespective of any class or condition, as ancient kings scattered from their lofty coaches silver coin on benefaction days.
And still the watchword is onward, in every department of toil and enjoyment.
Rev. John James, was elected town clerk in January, 1701, and at the annual town meeting of that year he made a special record, which he denominated :
" Memorandum. That on Dec. 29, 1701, the worshipful Capt. Ebenezer Johnson at a town meeting then held, offered ensign Samuel Riggs of the same town, to debate either between them-
104
HISTORY OF DERBY.
selves privately, whatever matter of variance lay between them, and he the said Captain further tendered and urged that ought which had occasioned so ill and uncomfortable a difference be- tween them should be rehearsed and told in the audience of one, two, three, four, or five persons that they should agree to, and entreat to audience between them, and propound who was the most faulty and blameable, and that he would stand to that award in point of any meet satisfaction.
"But this good motion and proposal was totally rejected by the aforesaid Ensign. Per me John James recorder." Two weeks later Ensign Riggs accepted this offer, and Mr. James faithfully recorded the fact.
Here is an illustration of character worthy of notice and to be commended, although of but little practical use at the pres- ent day, since what cannot be settled in law is most usually carried out in perpetual strife among all classes in the church and out. If defenseless girls or young people, walk not to the rules of the churches, they may be dealt with, and the discipline made a matter of boasting in favor of righteousness, but men of influence and wealth, active in the church, although shad- owed by the thinnest clouds of uprightness, and many clouds to the contrary, are seldom troubled by discipline in the churches or otherwise, except it can be done in the spirit of strife. In this consideration there is no special application to times or places. It is the spirit of the times, now present. Yet, al- though we may not be specially benefited in the present course of life, it is inspiring to look at the character set before us. Capt. Ebenezer Johnson was an energetic, brave man in any place, civil or military. As a soldier, he is said to have been so fearless as to be presumptuous, carrying success everywhere because he seemed to see and fear no opposition ; and the po- sition in popular sentiment, which he held in the state more than twenty years was inferior to but few persons, and therefore such a proposition is the more remarkable and inspiring. Ensign Samuel Riggs was the equal of Capt. Johnson, in the town, but in the state he had not the general reputation, not being as well known. No man without a true heart of nobleness and kindness would ever make such a proposition, and none but a benevolently dis- posed man would pledge himself wholly before consultation, to
105
THE FIRST PUBLIC SCHOOL.
abide by the judgment of those chosen to hear the statements. Mr. Riggs at first rejects the offer, but in a few days as honor- ably accepts it as it was honorably made. The whole trouble was thus ended, and they seem to have lived together as though nothing of the kind had ever occurred.
But the fact of this proposition being made in a town meet- ing, indicates that such matters were not attended to in the church then, unless the town in this case was the church, of which supposition there are many items to warrant. There have been but two things as yet seen in the history of this church that indicates any church action not performed by the town, before the settlement of Mr. Moss, and one is the fact that sev- eral deacons were elected, or some way constituted, but not by vote of the town, and the other, the fact that a council was called to organize the church. Nowhere, to the settlement of Mr. Moss, is it indicated in any records of the town, that there was any church organization other than the town. The church was organized after the town, but whether its membership was con- stituted by being free planters or in other words inhabitants of the town, is not intimated. If there were any church records, not only are they lost, but nearly all tradition concerning any such is lost, except that it is said, at the burning of Danbury in the Revolution, some were carried thither, and were burned ; for what end or purpose they were carried there, is inconceiv- able.
The first record made in the town in regard to schools and education, is the following. "Sept. 29, 1701. Agreed that it be left with the Townsmen of Derby to procure a school master for the town of Derby according as the law in that matter re- quireth." On the eleventh of the next December, the town took another action, as follows : "The Townsmen of Derby, viz. : the four following, Capt Ebenezer Johnson, Ensign Sam- uel Riggs, Isaac Nichols, Sergeant Brinsmade, agreed with me John James, to teach such of the town of Derby as should be sent and come unto me for that end and purpose, on condition of there being paid to me what by law is ordered to be paid by the Constable out of the country rate to one that shall officiate in that work (viz. : of School keeping) and this to be attended by me for no longer time than is provided by law on that behalf,
14
106
HISTORY OF DERBY.
and at such convenient times as they who are to be taught to write, repair unto me the said John James."
The first enactment of law, by the new Haven Court, con- cerning education in public schools, was in 1657, requiring a school to be established in every plantation, one-third of the ex- penses to be raised by tax in the plantation, the other two-thirds by the individuals benefited, or attending the school. In 1660, it was further ordered, "that the sons of all the inhabitants within this jurisdiction shall (under the same penalty) be learned to write a legible hand, so soon as they are capable of it."
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