USA > Connecticut > Fairfield County > Fairfield > This is Fairfield, 1639-1940 > Part 5
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This is a true copy according to ye originall record, & recorded by me this 25. Janry 1685. Nathan Gold-Recorder.
A, Town Deeds, p. 439
(Indorsed) Sasqua Deed, 20 March 1660-61.
Whereas there is a deed of sale written of Sasqua land, & ye Indians had showed ye English yt Sasqua did run west as far as ye Muddy Creeke, & so to run into ye country; & whereas it doth now appear yt some of Norwalk Indians are ye true proprietors of part of this tract of land: this Day Being ye 11th of April 61, ye sd Norwalk Indians & Sasqua In- dians, both meeting together, have agreed: ye sd Norwalk proprietors being contented with ye sale of ye tract of land: shall be extended west as far as ye Muddy Creek near Compo, & so to run into ye Country unto Aspetuck River: & they do by these presents acknowledge yt sd land as far as ye Muddy Creek shall for ye future pertaine to ye inhabitants of Fairfield and to their heirs for ever: In witness whereof they have hereunto set their hands this 11th April 1661: ye creek above called ye Muddy Creek: ye Indian's name is Werappamaucke.
Momechemen X (his mark) Weenam X (his mark) Tospee X (his mark) Quanumscoes X (his mark) Aucan X (his mark)
We whose names are underwritten do acknowledge yt ye Indians have received thirteen Coats, 2 yards apiece, and ye rest in Wampum, which is all yt Uncoway Englishmen were to pay them for ye Sas- qua land, & as far as ye Muddy Creeke. Witness or hands this 11th April 1661:
Panoucamus X (his mark) Muskot X (his mark) James X (his mark)
1 Yt stands for "that".
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Witnesse
Mamachin X (his mark) Weenam X (his mark)
The above are true copies wording to ye original compared and Recorded by me, Nathan Gold, Recorder This 25. of February 1685. (Endorsed) Sasqua Land-April 11, 1661.1
This brought further land problems to the Town for the Bankside farmers or the farmers at Maxumux as they were so often referred to, were not at all pleased with this action of the town and the bad feeling remained ever in evi- dence for the next fifty years.
In January 1662 John Cable and John Banks were granted "all the waste meadow in the south west end and in Sasco Neck, which lay above a dam that it was proposed should be made to prevent the tide from overflowing the meadows". The dam mentioned here was to be made over Pine Creek, with a sluice to draw out the fresh water above it. Everyone was welcome to help with this provided he did his share in draining the creek and building the dam. For his reward in the enterprise, each planter who helped re- ceived a share of the salt meadows. "Should the dam not be sufficient or should it decay", the land then returned to the town. From the very outset one realizes the importance of each per- son to the other, of each property to the other, and of each effort to the other.
Throughout these early pages of Town Meet- ing minutes one notes again and again how im- portant the fences around the lands were to each planter and his neighbor. The condition of each fence was of genuine concern to every farmer. Fence viewers were chosen to check on the con- dition of the settlers' fences every month. The informers of defects in fences had to pay for the "fence viewers" time when other than a routine check was called for. Page after page gives details of direction to the fence viewer and his post was one of great importance and respect. In 1663
the Towne orders that all possessors of all the home lots in the Towne shall make and maintain their dividing fence between them and their neighbor's home lott or home lots, as also their share of com- mon fence pertaining to the home lots: with a sufficient fence, etc, etc, etc.
And:
The towne hath given all ye Common in Sascoe Field within ye new line unto the proprietors of the land in the said field to be divided among them as they shall agree for their encouragement for the fencing of their lines.
1 A, Town Deeds 672, 673.
The task of the Fence Viewer soon gained in size and two teams of fence viewers were ap- pointed-one for the eastern side of town and one for the western side of town. During the period the records seem to show that the activity of the town was primarily in the western section of the town.
In August 1666 the Townsmen voted that "anyone who left the gates open which guard- ed the common fields if they were capable of being shut, should be fined five shillings". The Fence Viewers, along with the other officers, were chosen at a meeting of the freemen-a Town Election. They were the voters of their time. On April 1, 1668 John Hide, D. Burr, William Ward, John Bulkley, Thomas Jones, James Bennett, John Sturges, Ezekial Sanford, John Cable Jr., Daniel Lockwood, and John Barlow took the oath as freemen-were made voters.
1666 marked several important events for Fairfield. It was made a Shire town that year and it was also made the seat of the Probate Court for Fairfield County. This year also saw Fairfield County as such established.
The Indians continued to be a worry and it was voted that they were not required to train, nor could a strange Indian be entertained under penalty of 40 shillings a month. In order for the Indians to sell their lands or houses they had to first obtain the consent of the town. Guns carried by Indians into town were seized and not redeemed under a penalty of 10 shillings. This was later changed to allow not more than ten Indians carrying guns to pass through town. They were also forbidden to walk up and down in town after dark. In 1668 a Committee was appointed to purchase any land from the Indians which had not already been secured and finally on September 10, 1670 a committee was ap- pointed to buy the last remaining six acres of the Town's Commons from the Indians. The In- dians agreed
that the Towne shall give them 36 pounds for it- the Town hath agreed with Mr. Jehu Burr to pro- cure the pay for the Towne he promises so to do in Trucking Cloth (Bargaining Cloth). The Towne to have it at 10 shillings a yard. The Towne engages to pay him for it in winter wheat at 5 shillings per bushel or Indian corn at 2 shillings per bushel- every particular man may pay which he pleases to be paid at or before the last of January.
Also, on September 28, 1670
The Towne hath chosen Goodman Hubble to buy and procure a piece of Trading Cloth about 30 yards for the use of the Towne to pay for the Indian pur-
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chase and if he fails the Town empowers Mr. Daniel Burr & John Banks to procure the Trucking Cloathe at Yorke or other where: and what the above said agents or any of them shall engage for pay for the cloathe, the Towne will make it good and pay them any just expense of time for the procuring of it.
The Towne hath chosen Goodman Banks (John Banks) Sergeant Seeley and James Beers to go with the Indians and bound the land to the end of the Towne bounds that we are buying of the Indians. The Towne hath chosen Jehu Burr in the roome of (in place of) Daniel Burr to join with Goodman Banks to procure the Trucking Cloathe for the In- dian purchases and the said men are impowered what Trucking Cloathe they think needful to send for by a messenger to Yorke: upon the Towne Account.
The year 1668 brought several other inter- esting regulations into being through Town votes: "William Ward and William Hill are to again in the behalf of the Towne to agree with some persons to beat the drum for the meetings on Sab- bath and Election days." Steven Sherwood was chosen to carry out this order on "Sabbath days and Election days" and at town meetings as well and was also given the duties "to cause the meet- ing house to be swept" and to keep the dogs out. He received 40 shillings for his work. Also "the Towne orders that the Towne Rate (taxes) shall be gathered within 10 days after this date, the Rate Gatherers that are chosen are John Burr and Tho. Lyon. Thomas Lyon to give the Towne warning to bring in their rates to John Burr. John Burr is only to make the accounts up with men and if it be not gathered within 10 days the marshall is to levy on it." Taxes for England, the mother land, were to be paid in 1/3 dry peas and 2/3 wheat that year. These in turn would be sold and the funds sent to the homeland.
The Towne ordered further that all the Com- mon Fields in the Towne should be hained of cattle at the middle of March next. The Com- mon lands were to be preserved for grass at this time.
Then a penalty for shooting in the center of town was established-"shall within one mile of the meeting house-except it be in the meadow toward the sea-shoot at any mark with bullets or shot shall forfeit to the Towne Treasury five shillings for every such default half of it to go to the informer & the other half to the Towne's use."
A day was also set apart to burn the woods. Cornelius Hull and William Ward were chosen a committee to set the day-this day to be an- nounced by the drummer. On that day every man was to "repair" to his fences to keep them from burning. A fine was levied upon anyone who
should burn at any other time or who damaged the new fences.
Every male from fourteen years of age up- ward except assistants, commissioners or minis- ters of the gospel had to work one day in June each year in cutting and clearing the underwood so that the pasture land would ever become larger. This has always been a community where everyone has worked hard and together for each other.
At that same time the boundary line between Stratford and Fairfield was established by Rich- ard Olmstead, Joseph Judson and John Banks and a report of same made to the General As- sembly. John Hurd and Joseph Judson of Strat- ford were appointed to settle the boundary line between Fairfield and Norwalk at the charge of the two towns.
Our predecessors were always struggling to improve what was theirs. The Meeting House, it seemed, was now in need of plastering and the cost and procedure follows: "seven pence per yard for all the worke below the girt and six pence per yard for all upper worke, the win- dows, doors and behind the great Pew being not meddled with is not to be recovered."
Reverend Jones having passed away, Rever- end Samuel Wakeman became the new pastor by a free vote of the Townsmen at this time. The Church business of course was town business as the minister was paid from the Town Rate. "The Towne orders that whatever is due upon the ministers rates shall be paid before the first March next. Mr. Wakeman shall receive it out of the Towne treasury . .. "
"The Towne hath chosen John Wheeler and William Ward to go to each Inhabitant of the Towne to see what they will underwrite-what they will give to Mr. Wakeman more than their rates as an addition to his maintenance for the year ensuing." It seemed that one problem after another confronted these plucky adventurers.
The Bankside farmers continued their dis- satisfaction and defied the efforts of the Towns- men to be included within the Town's limits on the strength of the fact that they had purchased the lands first from the Maxumux Indians. They had fenced in a large meadow north of Sher- wood's Island called the horse pasture. A herds- man was always on duty. A final agreement was entered into:
Articles of Agreement between Nathan Gold, John Banks, John Burr, Cor. Hull & William Hill, on behalf of the Town of Fairfield, of the one party,
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& the farmers at Maxumux, alias called Bankside on the other party, witnesseth:
Imprimis. It is agreed that the above said farmers & the town of Fairfield shall for the future be one township. The above said farmers do adjoin their mile as an addition to the bounds of the town of Fairfield; & said farmers are to be equal in town privileges & charges, according to their proportion, with the rest of the inhabitants of the town of Fair- field. The said farmers are to be subject to town orders about fencing or whatever else shall be ordered, as any other inhabitants of the town of Fairfield are.
2. It is agreed that the farmers shall possess as their propriety all such land & meadows as they have already in fence, with all such mowable marsh as lieth without fence, as is on the east side of Compo creek, leading up to Muddy river, which they have now in their possession. 3. That if said farmers de- sire it, there shall be laid forth to each farmer, in some convenient place, fifteen acres of upland for their use and propriety. 4. It is agreed that John Green shall enjoy freely five acres he possesseth on the west side of Compo creek, to be to him & his heirs forever, if the town see good to grant it. 5. It is agreed that there shall be maintained out of the town treasury, a sufficient foot-bridge over Sas- co & the Mill rivers. 6. It is agreed that the farmers shall appoint at some inhabitant's house within half a mile of the meeting-house, where notices shall be left of any town meeting which shall be to them a sufficient warning. 7. It is agreed that such agree- ment as said farmers have already entered into about a bridge over Gallup's Gap going to their lands, shall be abiding as formerly, each with the other, notwithstanding the above agreement of the farmers with the town. 8. It is agreed that such Indian deeds, whether by gift or purchase, shall be surrendered up to the town upon consideration of the premises by the farmers. 9. It is agreed that the farmers' west bridge near their houses, which now lieth over the creek, shall for the future be maintained out of the town treasury. The farmers with cows are not to pay to the town herd. 10. It is agreed that the true meaning of the above said third article concerning the grant of more land, doth only respect the five first farmers that settled there, viz .: Thomas New- ton, Daniel Frost, Henry Gray, John Green & Fran- cis Andrews. 11. It is agreed that the farmers grant unto Robt. Beacham of two acres of land, which lieth within fence, shall remain good & valid to the true performance. All the above said parties have hereunto set their hands this 29th day of June, 1666.1
Daniel Frost John Green Simon Couch Henry F. Smith
Every town was to brand all horses within the town and the color and age of the horse were to be recorded. "F" was chosen as the brand for Fairfield. A fine of 20 shillings was imposed
upon the owner of any horse without this mark.
The oath of fidelity to the king was ordered to be administered by Major Gold to all within the town and should anyone refuse to take it, their names were to be reported to the General Assembly in Hartford.
Discipline was the mandate of the day. Strict orders were in effect in every town and every trained soldier was to be on the alert at all times. In Fairfield, poles were secured for the fort-"four teams cart one day for to draw the poles to the fort upon the Towne's charge pro- vided the Pequonnock Indians will give in a list of the names of their men properly pertaines to them: Richard Hubble is appointed to call out the carts that are to work: Mr. Gold is to take the names of the Indians . . . ".
And pikes were ordered for the Town Maga- zine-30 half pikes and 20 large pikes-"said pikes to be speedily provided and well headed with iron." (A pike was an infantry weapon with a long shaft and a comparatively small metal head in the shape of a diamond or a leaf.) Un- desirable guests were still being warned out of town. Any person who had been thus warned and failed to obey had to pay a fine of 20 shil- lings a week to the town treasury and in default of that payment, had to sit in the stocks for one hour or else be punished corporally! Fairfield was given liberty to raise a standing body of about forty horsemen for its defense.
As Fairfield was now the Shire town, it be- came a place of influence in the Colony. People came by boats which were anchored in Black Rock harbor to take the oath of allegiance to the king and become freemen, to seek redress for wrongs or to contend for their chartered liber- ties. Learned men represented the plantation at the General Assembly in Hartford. Sedate and solemn judges in powdered wigs presided over the court sessions. The ablest men in the country were drawn here to attend the Court on the Town Green.
In 1670 the Town Records show the following division of land-the long lots, the Mile and the Half-Mile Common. The names of those re- siding in Fairfield a year later are also recorded.
Division of Land - 1670
The Towne hath ordered that there shall be one mile broad from the above said half mile common to run into the Country to the end of the bounds to remain a common forever: It is also ordered that all the lands on both sides of the mile common neces- sary highways excepted shall be laid out to the Inhabitants of the Towne that hath right to divide:
1 State Archives, Hartford, Conn, B. Town Votes, pg. 22.
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proportionately according to their due: To be laid out by houserow according to the method pre- scribed in the above said orders: about Laying out pastures and building Lots, Widow Wheeler to be- gin next to Stratford bounds and Simon Couch and Andrews to begin next Norwalk bounds and so the neighborhood to take it up successively inward till all have their proportions:
John Banks, Sergeant Squire, Cor. Hull and Mr. Harvey are appointed to lay out the above said building Lots and pastures and to lay out highways they think necessary among the said lots and pas- tures: also they are appointed to lay out to every man his proportion of land: on the abovesaid Lands Lying on both sides of the mile common every man to begin in his place next the half mile common and so run back to the end of out bounds necessary highways to be laid out.
The Towne orders that Mr. Wakeman shall have his proportion of Common according to his persons and the value of his rateable estate.
The Towne orders that there shall be laid to the parsonage a proportion of common after the rate of Two hundred pound estate:
The Towne orders that there shall be laid to a school commonage after the rate of a hundred pound estate:
The Townsmen is to Correct the list of the In- habitants estate with respect to their receiving of lands: wherein there are hired servants by the years to be deducted from them.
NAMES OF THOSE IN TOWN
W: Wheeler
P. Clapham
f: Hals farm
R: Ogden
Jos Whelplie
N: Burr
Jno: Odell
D. Lockwood
W: Wilson
Applegate
Jno Bulkley
Jno Barlow Sr.
T: Staples
L: Smith
W: Adams
J: Tomkins
S: Treadwell
mr Je: Burr
S. Ward
Jno Banks
R: Meeker
R: Beachem
Ja: Bennett
R: Knapp
Jno Grumman
C. Hull
Js: Wheeler
Mr. Wakeman
J. S. Lockwood
Sr: Seeley
Mrs. Jones
H. Rowland
John Barlow sr.
S. Drake
R: Rumsie
T: Bennett
R: Hubble
ff Bradley
Jno Banks
P: Barlow
Js: Wakeman
T: Jones
J: Wheeler
P: Cole
T: Morehouse
T. Lyon
Jno Burr
Ben Turney
G: Squire Jur
Jno Cable Jur.
0: Odell
T: Sherwinton
Jos: Knowles
St: Sherwood
Jno Tomson
S: Couch
T: Sherwood
Ja: Gray
N: Perry
Andrewes
Jno Green
E: Sandford
H: Jackson
S: Hedge
M: Try
R. Lyon
T: Skidmore
T: Oliver
Henricke
Jos: Jennings
D: Silevant
School
O: Gilbert
T: Turnie
Parsonage
R: Osborn
S: Morehouse
S: Godwin
Jno Cable Senr
Jos Middlebrook
Js Sherwood
Jno Hide
Sr Squire H Hide
Sarah Wilson
Mr. Pell
Jhn Sturges mr. Gold
Jno Smith
Jno Knowles
D: Burr
Patchin
S: Smith
W: Ward
Mr: Harvey
Ja Beers
M. Sherwood
T: Wilson
D: Frost
The Half Mile of Common which extended across Town formed the division line between the building and pasture lots on the southeast and the Long Lots above it. The Long Lots com- menced on the north-west of the Half Mile of Common and lay on the east and west sides of the Mile of Common which extended to the north- ern limits of the town.
DEED OF INDIAN LANDS-19 January 1670
Know all men by these presents yt we whose names are written do acknowledge yt ye Town of Fairfield hath formerly bought of ye true Indian proprietors several purchases as Compo neck, Pa- quannock, Uncoway and Sasco, ye breadth of ye Town of Seven miles Six miles from ye Sea unto ye Country, and whereas there remains scveral tracts of Lands within ye Lands of sd Town yet unpur- chased, we do acknowledge yt er ye Subscribers hereof have formerly sold and do by these presents Sell, assign and set over from us, and from our heirs to ye sd Town of Fairfield forever, all ye lands meadows, Rivers, Ponds, with all ye appurtenances thereof, contained within ye bounds of sd Fairfield Town, which before this Deed was not purchased to ye North End of ye bounds, which Extends from ye sea at least twelve miles, as part of ye North bounds hath been already marked both by ye In- dians and ye English, this Sale we have made for and in Consideration of a valuable Consideration to us already paid: ye lands are bound on ye East with ye bounds of ye Town of Stratford, on ye west with ye bounds of Norwalk, on ye north with ye wilderness with out ye bounds of ye Town of Fair- field on ye south wth ye former purchases, yt hath been already purchased by ye said Town of ye In- dians, ye above sd land, and every part and parcell thereof, rivers, ponds Contained in it with all ye privileges and Appurtenances thereto belonging and appertaining, we have sold to ye Town of Fairfield and ye successors to enjoy and possess it as your own free land for ever and we ye Subscribers do assure ye said Town of Fairfield yt we are yt true
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W. Hill
Mo: Dimon
D: Finch
Jno Bennet
proprietors of all above sd Lands yt we have now sold, and do free and Exonerate ye sd Lands and every part yr of from any former sales, bargains, and Incumbrances wt ever either from us, or our * .. . or any in our name. We do acknowledge yt we have full Information yt ye breadth of ye Town bounds of Fairfield is seven miles, and ye length twelve miles our above sd sale is as hath been above expressed att ye least to ye end of twelve miles, and in breadth seven miles. It is also to be noted yt ye Lands formerly granted to ye Indians for yr live- lihood are not included in ye above sd acknowledge- ment and grant.
In witness whereof ye Indians have hereunto set their hands this 19th of January 1670.
Crecro & James do fully Consent and agree to ye promises as their act.
With this caution yt they have given to Nathan- iel Seeley a small tract of Land in Aspetuck Neck which for ye parts ye do not include in ye above sd deed.
Signed and delivered In ye presence and witness of us.
George Squire, Junr. Jno Squire
Dissatisfaction with individual "dividends" of land popped up every now and then and new adjustments were necessary. Lands were re- turned from time to time and new allocations made. At one time Sergeant John Banks, Ser- geant Nathaniel Seeley and Cornelius Hull were appointed a committee to lay out these new lots.
A penny farthing was levied upon all estates for the colony expenses, to be paid 1/3 each of peas, Indian corn and wheat.
On August 6, 1673 a sloop arrived in Fair- field with eleven Englishmen aboard who claimed that they had taken the sloop from the Dutch. Two days later two men came from Stamford and had four seamen with them whom they said had escaped from the Dutch fleet. On August 7, preparations for an invasion against the colonies by the Dutch were initiated by the planters. Fair- field County was to raise 120 dragoons. Officers listed were:
Mr. Thomas Fitch-Captain Mr. Jehu Burr-Lieutenant Mr. Mathew Sherwood-Ensign
Captain Nathan Gold was chosen Major for the County of Fairfield-"Thirty-eight being Fair- field's proportion."
In November 1673 Major Nathan Gold re- ported at the General Assembly in Hartford that Fairfield had received news by post from Rye that five vessels had passed by Rye and were heading westward, whereupon war was immedi- ately proclaimed against the Dutch. Pike heads
were once again ordered for the use of the trained bands and "seven men shall watch in a night". In February 1674 "Esbone Wakeman is also impowered to lay out the said provisions in procuring powder and lead for the supply of the magazine of the Towne, he is ordered to make it his care to buy it as reasonable as he can procure it and as soon as the rest of the par- cels are laid out the said Esbone is to demand the pay of them." Also
The Town empowers Esbone Wakeman as the Town's Agent to receive what is due the Towne from any person whatever that the Towne sold Land to the last summer and in case of non payment to pursue and make use of the Law to full effect: for the gathering in what is due: to the Towne by virtue of the said sales: and upon receipt acquittence to give: and what he receives he is to lay out the pay (for the supply of the Magazine) in powder and lead or either of them: and in case he can't lay out the pay in this Towne for the said powder & lead: he is impowered to send to an Agent in the Bay for the procuring of it: & transporting of it for Fairfield the Towne is to satisfy all just charges and run all ad- ventures and what the said Esbone shall lawfully do in the premises the Townsmen engageth the Towne of Fairfield not exceeding eight pounds per barrel; the pork at Fairfield to be delivered at as good a price as he can procure for it."
The Townsmen impower Esbone Wakeman to send ye flax it now remains in ye Towne Treasury to Boston per some convenient opportunity upon ye Towne's acc't and consign it to James - - to be sold to procure eight penny nails to be sent up per ye first opportunity, for ye Towne's use.
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