USA > Connecticut > New Haven County > Derby > Town records of Derby, Connecticut, 1665-1710 > Part 24
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Sign sealed delivered
Ephraim Smith
in ye presence off
, Ebenezer Johnson John Chatfield
Ephraim Smith apeared before me and acknowled the aboue writing to be his own act and deed this 24 of December 167 -?
Ebenezer Johnson Comisoner
(Page 34.) be it known to al men by thes presenc that I Samuel Brinsmaid of Derby in county of new haven in ye colony of conecticutt in new england for and in consideration of a valuable sum of mony in hand allredy receved have sold given granted alienated and confirmed and doe by thes preas- ents sell give grant allinat and confirm unto Jonathan Lum of Derby afor sd his heirs exectes adminstraturs and asigns for
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Derby Records.
ever a certain parcell of medow ground being situate in Derby afore sd at a plac Comonly Called ye uper hasacky medow lying for two acres be it more or les as it is bowned northwardly with a brook south wardly with medow of andrew Smith East- wardly wth ye est hill with al right titles privileg and singular ye apurtenanses thereunto longing to have to hold or to occu- pie and Injoy as his and ther own in fee symple without let molestation or deniall by me sd brensmaid or any other per- son from by or under me and further I the said brensmaid do couvnant with and promis unto the said lum that I am at the time wherever I make this Deed the true an rightfull owner of the said medow have ful power and laful authority in my own name to make alienation as it is here expressed and intended and that I wil and doe hereby warrant defenc of the same against al persons laying just clam thereunto for confir- mation whereunto I have here unto set my hand and seal Dated in Derby augst ye 14 1697
Signed sealed and delivered - with ye word out interlined under the teen line Samuel S Brensmaid his mark and seal
In the presents of use William tomlinson andrew Smith
Samuel brinsmaid apere befor me this 17 day of December on thousand six hun- dred ninty and Seaven and acknoledged then aboue writen instrument to be his act and ded Ebenezer Comisoner
(Page 35) Town Clerks oath.
whereas you I. B : are chosen & appointed to be Town Clerk or register of the Town of D. you doe swear by the great & dreadful name of the everliving God, that you will faithfully & carefully execute ye 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 Sale, Mortgages of land as shall be compleated according to law, & all marriages births & deaths & other writings as shall be brought to you
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Derby Records.
& you desired to record, & that you will grant & deliver necessary copies when required of you, & pay tendered for the same soe help you God &c.
It is alsoe ordered that every Town Clerk shall faithfully date all Entryes he records in the records.
At a lawful Town meeting of the Inhabitants of Derby the 28 December 1691 the Town have chosen Joseph Webb Recorder Recorder for the town, who was then sworn to the office. And the Town then voted him forty shillings p annum for his encouragement.
At the same Town meeting the Town have chosen Jeremiah Constable Johnson senior Constable for the year ensuing. At the same Townsmen meeting Mr Jnº Davis, William Tomlinson sen" Sam1 Nickolls were chosen Townsmen for the year ensuing.
At the same Town meeting Ensign Sam1 Riggs & W™ Tom- fenc
viewers
linson Sen' were chosen fenc viewers by the Town & were then Sworn. .
At the same time the Town chose Isaack Nickolls & Abell Hollbrook Surveyours for the year ensuing.
Joseph Hawkins & Joseph Hull were at the same meeting chosen pounders for ye year ensuing.
Pounders
At the same Town meeting the Town have chosen Capt. Ebenezer Johnson, Ensign Sam" Riggs, John Tibbals, Phillip Denman, William Tomlinson Sent, Jeremiah Johnson sen" Jonas Tomlinson to size land for the year ensuing.
At the same Town meeting the Town has voted & agreed that all land shall be sized ; & seven men shall be the number Vote for of sizers. And they have pich't upon these following parcells sizing of land as standards to size by. Imprimis They have pich't upon that lot formerly goodman Worsters, & Goodman Den- mans, and now the ministers to be a standard for home lots, Item, as a standard for meadow they have appointed the par- sonage meadow to that end. Item they have agreed that an acre of Wm Tomlinson Sen' his land in the Indian field shall be a standard for plow-land.
At a lawfull Town meeting at Derby, Febry 15th 1692 The Town have appointed & impowered Ensign Sam" Riggs Sergt Thomas Worster John Tibbals & Sam" Brinsmead to meet
Surveyers
Sizers of land
Standards for sizing
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Derby Records.
Millford men at the red oak tree at the two mile brook to goe the perambulation between Millford & Derby, any three of those men.
At a lawfull Town meeting
You A B being chosen heward for the Town of H doe Sweare by the great and dreadful name of the ever living god that you will with care and diligence atend the offis you are chosen tow & exsicout the sam without all parshality acording to your ability & as there shal be ocazion for the same so help you god
2ª of March a tru coppia of the heward oath 169%
Examined p me R. Treat D. G.
(Page 36) At a lawfull Town meeting of the inhabits of Derby this 15th of March 1692 The Town have voted & Agreed to fence in a generall field on the west & East side of Naga- tunck river, & to run the fence where it shall be judged ye most convenient by a comittee.
At the same Town meeting the Town have granted to Joseph Hawkins soe much land as that he may run his fence upon a strait line from his home lot at Tervy's swamp down to the meadow fence agst Sam11 Riggs his pasture.
At the above sª meeting the Town have voted that a comit- tee shall be chosen to view the land & to order the line for the fence in the generall field above sª And they have chosen Capt. Ebenezer Johnson Ensign Sam11 Riggs William Tomlin- son Sene Jonas Tomlinson, & Seargt Thomas Worster to be the Comittee for to view the land and to order where the fence shall be set.
At the above sd meeting the Town have granted to Capt. Ebenezer Johnson liberty to set up two gates, one at each end of his land where he seeth it most convenient, or one agst Abell Holbrooks house as he shall see cause.
This meeting bearing date may ye 9 1682 witneseth that I john Bowers of derby in the county of new haven and colony of conecticutt doe couenant and agree with georg beman of the sam town county & colony afore said to make maintain and uphold half the fenc of the said georg beaman hom lot ling
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Derby Records.
against the highway that was granted to the said m' bowers til the town se caus to dispos of it other wise so long the said m' bowers ingageth to maintain the one half of fenc as he see caus against the sd beman and the sd georg beman to make and maintain the other half of the sd fenc as the fence now stand up to ye walnut tree next the high way and for what fenc the said beman hath made that the said m' bowers takes to maintaine it shall be judged and the sd m' bowers to pay the said beman the vallew of it and when ye town calls for ye high way then the be a return to the said beman what it is beter the said beman to pay to ye said m' bowers or a tru Estimate pased upon it acording to equity it is further declared by ye said m' bowers that when the town cals for ye high way it shal be alowed from the aforsaid georg bemans present fenc two rods into the said m' bowers paster and not be demanded nor any part of it of georg beman for ye true and faithful perform- ance hereof we bind ourselves heirs executer and signes as witnes our hand.
memorandum that ye said m' bowers is to hav that part of ye fenc next the swamp and georg beman to hav that end next bis hous namely ye stone fenc in case said m' bowers doe not joyn fenc the said georg beman will not take any advantage against him but ye lines respectting ye high way stands east to al intents and purposes and to be recorded m' bowers alowes that georg beman shall have that foure acres of pastur against his hous
Witnes abell gun
John bowers georg beman his x mark
(Page 37.) This Deed made ye tenth day of Januarey 1692 wittneseth that I Ebenezer Johnson of Darby in the colloney of Conecticut in new England have sold unto william Tyler of milford in ye colloney afor said a persall of Land Lying in ye Bounds of Darby aforesaid Containeing three acceres at a place commonly cald the welch mans medow ; Bounded south with ye tow mill broke & east west & north with ye comon. & other parsells of Land comonly cald the stoney burnt swamp containing about three acers be it more or Lese bounded east
20
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Derby Records.
west north & south with ye common of ye said Ebenezer John- son have given granted Bargained & sold: the said parsells of Land with the Priveleges & apurtenences ther unto belong- ing from me my heyers exsecutors administrators for Ever unto ye said william Tiler his heyers & asignes for Ever for a considerable matter of value which I ye said Ebenezer John- son have alredy Reseved of ye said william Tyler To my full content & i the said Ebenezer Johnson Doe further say that the said william Tyler his heyers executors & administraters & asignes shall peacably injoy ye aboue said Land with out any Lett or molestation from me, my heyers, executors administraters for ever, in wittnes wher of I ye said Ebenezer Johnson have sett my hand & seall the day & yeare aboue written Ebenezer Johnson
Signed sealed & Delivered in ye presents of Alexander Brian- John Cranfierd.
milford aprill 1694 Captane Ebenezer Johnson personaly apeared & acknowledgd ye aboue writen instrument to be his act & deed.
befor me-A lexander Brian Comisoner-
This Deed made this seventeenth day of Aprill in year of our Lord one thousand six hundred ninty & foure
Wittneseth that I William Tyler of milford in the Coloney of Conecticutt in New England have sold unto John Tibbals of Darby aforsaid one half of Land containing three acers at a place Comonly caled ye welch mans medow bounded south with ye tow mill brook & East west & north with ye comon & other persell of Land comonly caled the stoney burnt swamp containing about three acers be it more or Lese bounded East west north & south with ye comon I the said william Tyler have given granted bargained & sold the parsels of Land with the priveledges & apurtenses ther unto belonging from me my heyers exicutors & administraters for Ever unto the said John Tibbals his heayers & asignes for ever for a con- siderable matter of vallue which I the said william Tyler have alredy Reseved of the said John Tibbals To my full Content & i ye said william Tyler Doe farther say that the
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Derby Records.
said John Tibbals his heyers executors & administrator & asigne shall peacably injoy ye aboue said land without any Lett or molestation from me my heyers executors or admin- istrators for Ever in witnes wherof I the said William Tyler have sett unto my hand & seall ye day & yer aboue written- William Tyler
Signed seald & Delivred in ye
presents of ALexander brian
miles merwin
milford aprill 17th 1694 william
Tyler personly apeared & acknowledged the aboue written Instrument to be his act & deed befor me Alexander Bryan Comis™
(Page 38.) to all to whom thes presents shal Come Know ye that I Joseph hawley of Stratford in ye county of Fairefield in ye Colony of conecticut in new england for a vallueable Consideration in hand receavd and sattisfied for by Samuel brinsmead of Derby in the county of new haven and coloney afor sd & divers other good and well advised Considerations me there unto mooving hence forth and doe by these presents fully freely & absolutely sell alienate asigne sett over give grant & confirme unto Samuel brinsmead afor sd & to his heirs executors administraturs & asignes a certaine percell of land lying and being scittuate in ye bounds of Derby afore sd at ye place commonly caled & known by ye name of ye honny spott being in quantity three acres be it more or less & is bounded on ye south with ye high & on ye est west and north with the common land for him ye above sd brinsmead his heirs & asigns to have hould use accupy possess & in joy the fore sd three acres of land as his & their owne proper estate & inheri- tanc from henc forth & forever & yt without any maner of lett hindranc molestation disturbanc denial challeng claime or demand what so ever of or by mee ye afor said hawly my heirs executors administraters or from or by any other person or persons whatsoever clayming or yt may at any tim or times here after claime ye same or any part ther of for from by or under us or any of us & yt fre & cler & freely and
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Derby Records.
clearly aquit exonereat discharg ye afore sª land from all other former gifts grants bargains sales mortgages dowries joyturs wills entails and incumbrances whatsoever affirming my selfe to be ye true & lafoll proprietor of ye aboue sª land & yt I have in my selfe full power & right to sell ye same hereby giving ful power to the said Samuel brinsmead to record ye aboue sª land to himselfe his heirs & asigns for ever with all priveiliges and apurtenances therto belonging or any ways appertaining for confermation of all which I have to thes presents put to my hand & sele this 28th of march in ye year of our lord god on thousand six hundred & ninety-in ye second year of their majesties reigne william & mary king & queen of England and witneses present Joseph Hawley
Ephraim hawley
Katherine hawley her X mark
Samuel hawley
and John hawley of Stratford as being executers to ye last will and testament of their honored father m' Joseph hawley aboue sª did personally apear befor mee this 24th november 1692 & acknowledge ye sail of the aboue sª land to which the aforesaid father had signed and seald to confirm the same.
Joseph Curtiss Commissioner
receved by me John Tibbals recorder
(Page 39.) We whose names here under written owners of a parcel of Land lyeing In the great necke between Pagaset river & Potatucke River bounded with Potatucke river on ye west side & bounded with a littel brooke and with English purches on ye south side & bounded with a brooke yt runs from nagatunke river to a brooke Called foure mille brook the which is foure mille brook is the bounds northerly we ye sd propriaters doe acknowlege to have for sale ye lands trees medow & all apurtanances belonging thair unto alexander bryant of millford his heirs and asignes for an in consideration of the sum of seventene pounds receved In hand & doe here by acknowledg yt ye said alexander briant his heires or asignes
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Derby Records.
to be the true owner & propriaters of every part & parcell of the afour said tract of land & apurtenances aboue said & doe Ingage for our selves our heirs and succesors that the sd alex- ander bryan his heirs & successers shal quiatly and peacable injoy the same with out any let or hindranc in wittness where of we hereunto set our hand and we yt are the right owners of it have also the free consent of our Sachem Cososhemak and aperance also by subscribing his hand this 18th may 1670
nagatunke river is the est bounds of the aboue sd tract of land
Wittnes O Chubbs marke
X KeKe Sumun his mark Wittnes Ricerd bryan Edward wooster
Coshoshemake - X his marke wataquenock X his mark wasawas X his mark atrechanasett X his mark Johns X his mark Sasosoe B his mark
I alexander bryan of milford do asigne al my right and tittle to this bill of saile unto John brinsmead sene henery tomlinson & Joseph hawly all off Stratford they paying me the ful sum of seventeen Pounds wittnes my hande this 3 December 1670 Alexander Bryan
Signed in the presents of henery Smith his X mark
I Samuel hawly of Stratford do sine over all my right and tittle in this bill of saill unto the town of Derby having in value In consideration ther of seventy acres of land upon the great hill to full satisfaction of the wholl
Signed in the presence of Samuel hawly
John Pringle Jonathan Lumm
(Page 40.) march 14 1699
the laying out of georg beman devition at greap swamp it is three Scor & ten rods on each sid and six rods wide one the south werd end eaight rods wide one the south werd end bounded west ward his one land bounded north est with the
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Derby Records.
land granted to Samuel bowers bounded south werd with the land of the saide georg beman changed with Samuel bowers layed out by us Samuel riggs henery wooster. .
Aprell 1699 the laying out of Samuel brinsmaid divition of land one the south east of Moose hill bounded on the east with the town land 80 rods on the south with the foure mille brock 44 rods and on the north the wosters land 44 and bounded on the west with the high way 99 rods
Samuel brensmed John Pringle
Aprell 1699 the laying out of Joseph hawkins his land at the south end of mose hill bounded on the south with foure mill brook an 104 rods on the west with ( ?) land and up to Jere- miah Johnson corner an 105 rods and on the ( ?) north with Jeremiah Johnson his land unto the high way that coms down betwen Samuel bowers mead and Joseph Hawkins 76 rods & bound on the est with the highway down to the foure mill brook 80 rods layed out by us
Samuel brinsmade John Pringle
John Piersons pasture
March ye IIth 1700 sen 1701 The Laying out off John Pier- sons Pasture on ye east side of Centinel Hill ye West side 64 rod long ye southward side is 36 Rods & ye Northward 56 rods long wch makes 6 acres more or lesse with an addition for two parcels exchanged ye one off himselfe another off his Father ; to mend two highways off ye Towne ye one exchange viz that wth Jnº : Pierson is to ye valuation off halfe an acre upon New Haven Centinel hill: ye other viz that is wth his father ex- changed lyes upon Derby Centinel hill where now ye genal line goes crosse it as it is now lay'd out This pasture & this last exchange is layd out by us
Samuel Riggs John Tyballs
(Page 41.) Severall
Actts or Laws passed by the Genrll Court or Assembly held in Hartford may 14th 1696
Ordered and declared by this Courte that the former Law About fence viewers the printed laws Titild fenc veiwers be repealed & made void : & that the fenc viewers oth Be acoma-
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Derby Records.
dated to the laws made for fenc vewers Remaineng still in force by this Courte the forme of the fence veiwers oth (oath?) ordered & Established by this Courte
Whereas you A B are chosen fence veiwers for the yeare insueing for the towne of H you doe sware by the name of the ever living God that you will with all faithfullnes execute the place and ofis of a fence veiwer according to the expres laws of this Colloney that are now inforced acording to the best of you skill Soe help you god-
Whereas by a former law booke debts where oute lawed : at the end of three years from the time when such Debts where first made this Courte now orders that for the Futher (future ?) noe book debts shall be out lawed : till the end of seven years after the said debts was first contracted exsepting only book debts charged apone persons that are desesed which shall be out lawed at the end of three years from the time they are presented to be contracted unles the credebt shall give oth that debts as he chargeth apone the Estate of the desesed Remaine yeat (yet) holy unpaid
ordered & inacted by this Courte that from & after the first of May next insueing this Instant noe wheat is raysed in this Colloney shall be transported out of it exsepte what is con- verted into flower : & if any wheat not converted into flower be shiped aboard any vesell in any parte of this colloney the wheat shall be forfited
ordered & inacted by this Courte that agrater valueation be put apone money & that peases of Eight waying seventeen peney waite pass for six shillings & nine pence : & peases of diferent waite to be valued proportionably acording to ther waite Eight peney bitts to pass for nine pence & dubble such bitts to pass for Eighteen pence
ordered by this Courte that when any man dieth intestate leaving and Estate his widow if any he shall have beside thee third parte of his Royall Estate During her life, aparte alsoe of his parsonall estate Equall to his Eldest child provided it exsede a third parte of ye sd personall Estate which said parte of her husbands personell estate shall be her owne for ever
ordered by this Courte that all farmers that com into any parte of this Colloney bringing goods with them to trade shall
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Derby Records.
before the sail of any goods by them brought give a true in- voice of all the goods brought with the valluation of them at there selling prise to some magistrate or comisoner living next to the place where ther goods are first brought or landed & alsoe to pay too (?) sent to the publick treasurie of this Colloney for all goods by them brought or Landed for trade as afor sd which tow (?) sent is to be delivered to ye magistrate or comisinger to whom ye sd invoyce is given : & for want of two such invoyce & payment of (?) sent or other of them the goods of the sd farmers shall be forfited ye one third parte ther of shall be to the informer & the rest to the County treasurey
ordered by this courte that if any person be summoned to answer any civill action in any Courte in this Colloney & shal not apear to answer acording to the sumons & ther be Legal evidence that ye sumonds was duly sarved apone him notwith- standing the sd non apeerance the action shall goe forward to ajudgment & exsecution thar apone
(Page 42.) Janewary 16 1699
the laying out of a peice of land for John Chatfield at the south or south est end of hether Davids medow so called it lieth thurty rods on each side and it lieth and it is twenty two on the west end which makes two acres and a quarter more or les it is bounded north with John Chatfield medow & the towns land & it is bounded west & south & Est with the towns land layed out by us
Ebenezer Johnson Samuel riggs
to the inhabitance of Derby the Request of John Davis Senior to you is that you woulde be Pleased to give him halfe a rood of land neare his hous being on the Est side of the high ways that gos along the hill one towards mistris bowerses & the other to the meeting house the Reson of my request is becaus I have no convenant place to set my barne on the hill is soe rissing every wher in my hom lot if you please soe to doe you wil much oblige your Frend John Davis Senior I de- sir to leave a sufisent high way this I hope be noe damag to the town
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Derby Records.
we whose names are under writen have given our consent here unto this land is at the end of John Tibbals his orchard Ebenezer Johnson andrew Smith
Stephen Person Senior
henery woster John hulls
John Person abell holbrook
Joseph hulls
John Chatfield
Samuel riggs
Stephen Person Junier
Isaack nickel
Joseph hawkins
Samuel nickels
John Tibbals
timothy woster
Ebenezer harger
william tomlinson Senior
Frances French
david Woster
Samuel brinsmed
Jonathan lum
John Pringle
Abram tomlinson
william tomlinson Juner
Samuel washbon his w mark
Jeremiah Johnson Sener John bowers
James hard
Georg beman Jeremiah Johnson
Ephraim Smith John Johnson
Sam bowers
william washbon
John riggs
(Page 43.) January 1699
The land granted to John Davis Sent by the town in generall is bounded south east on John tibbals his land north est on the towns land south west on the high way
this land is measured 5 rods next John tibbals his land south est & 5 rods north west on the high way and north est on the town land 4 rod and southwest on the high way 4 rod layd out by us
Ebenezer Johnson John tibbals
the folowing person inhabetant off Derby are wiling to give unto Josiah baldwin an hom stead of tow or three acres if so much without damag to the high way can be found by the persons that shal be deputed to lay it out unto him Ebenezer Johnson John Tibbals
Samuel bowers
Jeremiah Johnson Seneor Ensign riggs Stephen Person
John twitchill
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Derby Records.
Joseph hulls Ephraim Smith Junier william washbon abel holbrook
Fransis French andrew Smith John Davis Sener John twitchel
John bowers henery woster
Thomas woster Samuel washbon
Ebenezer rigg
John Person Stephen Person Juner
william tomlinson
John riggs
Timothy woster
John James
Samuel brinsmead
John Chatfield John hulls
Samuel nickals
Georg beman
James hard Ebenezar harger
Jeremiah Johnson Junier
william tomlinson Junier
John Johnson
David wooster
Jonathan lum
Joseph hawkins
Isack nikals
John Pringle
Abram tomlinson
moses Johnson
(Page 44.) To all to whom these presents shall com Know ye that I John Tibbals of Derby in the county of new haven in the majesties colony of connecticut in new england for & in consideration of a valuable price alredy in hand received wherwith I am ful satisfied & paid & for divers other good & well advised considerations me thereunto moveing have sould & do by these presents fully freely & absolutely sell alineate asign & set over give grant & confirm unto Ebenezer Johnson of Derby in the county & colony aforsaid & to his heires exe- cutors administrators & assign a certain parcell of land lieing & bein upon the west side of a place comonly called Sentinul hill in Derby above sd which sd land is twenty rod wide at the north and fifty four on the East side & sixty rods on the west side & thirty two on the south end wch makes eight acres more or les bounded on the west with the townsland on the north with Stephen Persons land Est with the land of the said Johnsons south with the comon for him the above sd Johnson his heirs & assign to have hold use accupie poses & enjoy as his & theire own proper estate & inheritanc from the date of these presents forever with out any manner of let
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