USA > Connecticut > New Haven County > Derby > Town records of Derby, Connecticut, 1665-1710 > Part 35
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38
To Have and To Hold occupie use and Improve as they Shall think fit; without any interruption from us the sd Cockape- tanc Will Doctor and Sisowecum or any of our heirs, or Suc- cessors; and farther more we the sd Cockapetanc Will Doctor and Sisowecum, do affirm our Selves to be Sole owners, of the above mentioned land and do for our Selves, our heirs and Successors covenant and promise to and with the sª Joseph moss and Samuell moss, their heirs and assigns to warrant and defend them and each of them in the peaceable enjoyment of the sd land against the lawfull claimes and demands of any other indian or Indians whomsoever : In confirmation of all the above written promisses we the sª Cockapetanc Will : Doctor & Sisowecum have hereunto Set our hands and Seals
...
443
Derby Records.
this 13 : th of march Anno Domin: 1709/1, in the ninth year of her majetyes reign Queen Anne of great Brittain &c :
Signed Sealed and deliverd in presence of us
Josiah Balldwen
Abraham tomblonson
Indian witness Fow Heah his X mark
Cockapetani his mark X (Seal)
Will Doctor his mark X (Seal) Sisowecum his mark X (Seal)
Rowa
his X
mark
march 13th 17-%
Then the Indian Subscribers of this deed personally appeared and did acknowledge the same to be their free and volantary act and deed this deed recorded 15 : th day of march in the year 1710
p me abel gun town clerk before me Joseph Treact Justice of peace
Know all men by these presents that I Isack nickalls of Derby in the county of new Haven in ye Colony of Conecticut in new England for and in Consideration of A valuable : Sum to me paid by John Smith of milford in ye County and colony ; a fore sª Brother to Andrew Smith of derby a fore sª Haveing giveing granted bargained sold enffeoffed and firmly made over ; and do by these Presents give grant bar- gain Sell Enffeoffe ; and firmly make over : to ye Said John Smith his heirs and assigns forever A Sertain home lot in Derby greatt neck with an unfinished building Intending for A mansion house : thereon ye Said lot Bounded northeast- ward by the high way or Common land: Southeastward by John Prengel his lott : and Southwestward : by ye River, and north westward by Samuell Nicolls his lot. To have and to hold to ye Said John Smith : his heirs : and Assigns forever And all the apurtenances, Priviledges and Profits thereof : as grass herbage : fruit Trees &c : free and clear : from all man- ner of Incombrances : whatsoever And I ye sd ; Isack nickolls
444
Derby Records.
Do by these presents Covenant : and Promise for my Self my heirs Executors, and Administrators. To and with ye sª John : Smith : his heirs: and assigns yt wee will for : ever warrant, and Defend him and them in ye Peaceable Improve- ment, and occupation of ye Sª: home lott and house with all theire appurtenances Agaist ye Lawfull clams : And De- mands of all persons whom So ever, In Confirmation of all ye a bovementioned : premises I ye Sª Isack Nickolls : have here unto Seet my hand and Seall this year one thousand Seven Hundred and nine
Signed sealed and Delivered in ye presence of us zachariah bouldwin Abel Gunn
Isack nickolls (seal)
Isack nickolls of Derby upon the fifteent of march 1710 did acknowledge this Instrament to be his free volentary act and deed be fore me in Derby Joseph Treate Justis of the Peace
This deed Recorded the Sixteenth
day of march 1710 p me Abel Gunn Town Clark
This Deed Sale bareing date this twenty Second day of Janewary one thousand Seaven hundred and five Six in the fifth year of her majts Reigne witneseth that I Samuell Nickolls of Derby in the county of new= Haven in the Col- lony of Coneticut in Newengland for A valuable considera- tion all redy in hand receved & for divers other good and well advised considerations moveing me two have Solde and do by these presents do fully and freely & absoltely Sell alienate aliened conveyed and confirmed and by these presents do freely fully and absolutely Give grant bargain Sell alliene conveye and confirme unto him the Saide Joseph treate of milford in the county & collony afore Saide his heirs and as- signs forever a sertaine persell or tract of land Scituate lying one the west side of nauguetunck river lying with in the
1
445
Derby Records.
Indian purchas below aplace known and called moose hill with in the bounds of Derby bounded with a A high way at each end & is Sixty three rods wide at the end next moose hill and fourty rods wide at the Southeast end and it is one hundred and fourty rods long one that Side ajoyning to widow Bethyah mils now wife to Josiah Tibals of Said mil- ford and an hundred & Sixty rods long bounded on francis ffrench his land and contains in quantity forty nine acres more or less all which Saide tract or parcell of land afore Saide of what kinde soever together with all wood trees rivers waters stones mines minerals and with all other privel- lidges and appurtenances thereunto belonging I, the Saide Joseph treate is to Have and to hold with all the privelidges and apurtenances there unto belonging or in any wise apper- taining to him the Saide Joseph treate his heirs and assigns forever to his and theire only proper use benifite and behoofe forever and I the saide Samuell Nickolls for me my heirs Ex- ecutors administrators do covenant Promis and Grant to and with the saide Joseph treate his heirs & asines that before the ensealinge here of I am the true Sole and lawfull owner of the above bargained premises and am lawfully posest of the saide lande : and have in my Self full power to sel the saide lande above mentioned and there fore by these premises give grant bargain Sell convey and confirm saide bargained prem- ises in maner as above saide and the saide Joseph treate his heires and asines Shall and may from time to time and at all times for Ever hearafter by force and vertue of these presents lawfuly peasably & quietly Have Hold use ockapy poses & peasable injoy the saide bargained primises with all the saide prevelidges & apurtenances free & clearly and freely & clearly aquited Exonerated and discharged of from all and all maner of former & other gifts grants bargains sails leases morgages wills Entails Joynturs Dowreye Judgements Executions Incum- brances & Extents further do covenant and Ingage the Above bargained premises to him the above saide Joseph treate his heirs and asines against all or aney Clame or demands of any person or persons what soever forever heare after to warant secure and Defend. and Saide nickolls above Saide Doth Ingage and these presents doth promis and Ingage
446
Derby Records.
for my Self and for my heirs Executors and asines to coven- ant with and ingage to give Signe and Seale any other In- strament deed or convaince of saide lande as the larnded in the Law Shall advise In witness where of I have Set my hande and Seale the day and year above Saide.
Signed Sealed and delvered.
Samuel Nickolls (Seal)
In the presence of us Witness Robard Treate John Shepard
Samuel Nicolls of Derby per- sonaly Apeared and freely and volentarly acknoledged the above written Instrument to be his fre and volentary Act and deed before me the twenty eight of Janewary 170g
Robard Treat S Goe
This deed Recorded the 16 day of march in the year 1710 p me Abel Gunn town Clark
Mr Daniel Shelton John Riggs Jeremiah Johnson being Lawfully Apinted ware Sworn to a prise lands to be tendred by m' Jeams humphers to Satisfie this execution June the 19 1710 in Derby Jeremiah osborne Justis
the within execution was Sarved by one Joshua hodgkiss Sherif for the county of new haven upon a Sartentract of land lying in the bounds of Derby & prised by the a bove Said prisers the land of Jeams humphres in the plas caled mr Camps margage bounded northerd and westward with high ways eastward with my one land Southward with the land of John Chafild debt an charges a mount in to-3-14-2 Said Aprisers prised Said land att Six Shiling in mony p acare which A mounts to 12 acars & a half of land which parcel of land was delivered to John weed
p Josaway hodgkiss Sheriff p me Abel Gun
Derby the 27 of June 1710
447
Derby Records.
To all to whome these presents Shall Come Know ye that I william washbond of Derby in ye County of newhaven In ye Collony of ConeCticatt in Newengland for & in Consideration of A Valuable price allredy in hand receved where with i am fully Satisfied Contented & paid & for divers other good & well advised considerations me there unto moving have Sould & doe by these presents fully freely & Absolutely sell Alienate assigne & Set over give grant & Confirm unto Ebenezer John- son of Derby in the County of newhaven in the Collony of Conecticatt to his heirs, Executors Administrators & assings a certain percell of land lying Above Barren Plain Brook Containing ten Acars more or Less Bounded EAsterdly upon ye Highway westerly upon Common Land & north upon Common land South upon henry woosters land A Black oake spire marke off three Sides on ye Easterly Corner & A white oake tree yt Stands In the line between Ebenezer Johnson & henery woosters Markt on tow Sides upon ye hille Side ye Said white oake tree Stands southerdly : & A wallnut tree at ye westerdly Corner markt on Three Sides Att ye Corner A Read oak tree yt blowndown by ye saide of A Rock at ye north corner & So Runs to A Rock Bounded with A chestnut tree mark with Stons In the Crock of ye Said Tree & so Runs to ye Easterly Corner by ye Roade Side to ye Black oak Spire mark on Three Sides that is so A bove mentioned : for him ye Said Ebenezer Johnson his heirs & assings to have hold use occupy posess & Enjoy as his & there own proper Land & In- heritance for ever without any manner off lett hinderance or molestation what so ever of or by or from him ye Said wash- borne or any other person or Persons for from by or under him : & free & Clear of all other & former in cum : = brances what so ever affirming my Self to be the true Proprietor of ye A Bove Sª: & yt I have good right & full power to Sell & Dispose of ye same & doe further Covenant & engage for my- self heirs & executors to & with ye sª: Ebenezer Johnson his heirs & Assignes to Signe Seall & deliver any other or firmer deed or : convayance of ye Above sª Land as ye Sª : Johnson his heirs or assignes shall be advised by their Counsell learned in ye Law for confirmation of all which I have to these pres-
448
Derby Records.
ents put to my hand & Seal this one thousand Seven hundred and nine or ten Signed Sealed and
delivered in presence of us
his
William : washborn X (Seal) mark
Henery Beats John Riggs
e
derby march th, 15: 1710 william washborn the Sub- scriber of the above written Instrument acknoledge this to be his free act & vollen- tary deed before me Joseph Treate Justice of the Peace
this deed Recorded the 15 day of march 1710 p me Abel Gunn town clark.
Bee it knowne to all men by these presents that I Ebenezer Johnson of Derby in the Collony of Conecticut in New eng- land for and in consideration of a valluble Sume to me in hand well and fully paid or Secured to be paid by James humpheryes of Derby afore sd In new england afore sd felt maker have given granted Bargained Sold Enffeffed convayed confirmed and formely made over unto the Sd James hum- pheres a Certaintract or percel of woodland or willdernes Land to me belonging with in the precincts of Derby a foresd in that place Called m" Camps mortgage Bounded norther ward and west ward by highways Eastward by my owne land and South ward by the land of John Chatfield being in quantity fifteen Akres : Together with all wood Timber trees grass herbage rights privilidges proffits com odityes members and appartenances to the Same Belonging To have and to hold all the Sª parcel of land with the premises and apperten- ances there of to him the sª James humpheryes his heirs and Asignes to his and their owne Sole proper use beneffitt and Behoofe for ever more free and Clear of and from all and all manner of former and other gifts grants Bargains Sales titles troubles Charges and Incumbrances whatsoever with full
449
Derby Records.
warranty to De fend the Same to him and them forever Against the lawfull Clames and Demands of all people whomesoever In Wittness where of I have here unto put my hand and Seal In derby Dated June the twenty Seventh day anno Domini 1710 in the ninth year of the Reigne of our Sov- ereigne Lady anne of Great Britteein france and Ireland queen Defender of the faith Ebenezer Johnson (Seal)
Signed Sealed & delivered In the presence of us
Jeremiah osborne
Abigail Davis
her X marke
major Ebenezer Johnson esqr Subscriber to this Instrument on ye day of the date A bove mentioned personaly appear ed In Derby afore sd and acknowl- deged the Same to be his free act and Deed Before me Jere- miah osborne Justis of peace
This Deed Recorded the 27 day of June in the year 1710 p me Abel Gunn town Clark
Know all men by these presents that I Ebenezer Johnson Senier of Derby in the County of new-Haven in the Collony of Connecticot in New-england being Sencible of the right title and intrest yt my daughter Elizabeth Johnson wife of Jeremiah Johnson hath unto Sundry lands which are within my Improvement & possession which lands did of right belong to my first wife and her heirs Shee being long Since deceased and without any other heir or issue male or female Survive- ing but only the sª Elizabeth Johnson wife of Jeremiah John- son and upon consideration of a quit claim given by the sª Jeremiah johnson, and Elizabeth his wife unto the sª lands yt did of right belong to my sª first wife as descending from her father Edward Wooster of Derby deceased ; which quit claim is Signed and executed, the day of the date of these presents : therefore I the sd Ebenezer Johnson do give grant assigne Enffeoffe and firmly make over unto my sd daughter Elizabeth Johnson wife of Jeremiah Johnson of Derby afore sd; her heirs and assigns forever two certain percells of land here after mentioned : Imprimis one peice of land in Sentinell hill field so called, containing by estemation ten acras be it more
29
450
Derby Records.
or less bounded Southward & eastward with John Chatfilds land ; north ward with, jeremiah Johnsons land westward with an high way: item another peice of land on new =Haven Sentinell hill so called ; both peices in the township of Derby afore sª ; this latter peice containing by estimation Seventeen acrass be it more or less bounded eastward with ens : Sam11 : Riggs lands northward with the sd Riggs's land & common land ; westward with common land Southward with common land & partly with land yt did belong to John Bowers : at the Southeast corner there is a maple tree marked on two Sides at the westward corner a birch tree marked on two sides at the northward Corner a black oak, marked on two Sides with Stones at the root of it And I the sd Ebenezer Johnson upon the considerations above expressed do give grant assigne and firmly pass over the above mentioned lands with all the priveledges and profits there of to the sd Elizabeth Johnson wife of Jeremiah Johnson his heirs & assigns forever To Have and to hold occupie use and Improve, as Shee the sd Elizabeth Johnson her heirs or assigns Shall think fit without any inter- ruption or molestation given by me the sª Ebenezer Johnson or any of my other heirs executors or administrators : and further more i the sd Ebenezer Johnson do here by acquit exonerate and discharge the sª Jeremiah Johnson his executors and administrators from all manner of debts or dues yt I might or could demand as pay able to me from the begining of the world to the day of the date of these presents in con- firmation of the Above mentioned premisses I the sª Ebenezer Johnson have here unto Set my hand & Seal this Anno Dom : 1710 In the ninth year of her majestyes Reigne Queen Anne of great Brittain &c :
Signed Sealed & delivered in presence of us witnes Joseph treate John Davis : Sener
Ebenezer Johnson (Seal) major Ebenezer Johnson ap- peared and acknoledges this instrament to be his free volen- tary act and deed may th : 8 : 1710 in Derby before me Joseph treate
Justes of the Peace
Derby Records. 45I
This deed Recorded the : 15 day of may in the year 1710 p me Abel Gunn town Clark
Record of Marriages
John Pringle of Derby & deborah Booth of Stratford was joyned in Marriage on the thirty first day of may
Annoque Domini 1709 Test Joseph Curtiss Assistant
Record of marks for Cattle
John pringel Iuenr Eare mark for Cattle is a Swolloforke one Each Eare
Ensign Samuell Gunn his Eare mark for Cattle is a half- peny cut of the under side of the Right ear and a half peney cut out of the fore Side of the left ear Recorded
July the 30: th 1713
OUTSIDE LEAF AT BACK OF BOOK.
Samuel Bower Record belonging to the third Book I Joseph Moss Abel Gun Town Register Samuel Riggs
Elizabeth Frishi Katharine Gunn
This deed received in to the office this 9: th of Jan : p me Abel Gunn Town Clerk
these pres This deed recorded in the great
TOWN PATENTS
٣
THE PATTENT OF 1704.
-
(Colony Seal.) To all People unto whom this pres- ent Act and Deed shall come, Greeting. Whereas by letters Pattent from his late Majestie, King Charles the Second, under the great Seal of England, bearing date at Westminster in the fourteenth year of his reigne, his said Majestie was pleased upon divers good considerations therein mentioned-to give and grant for himself, his heirs & Successors, to John Winthrop, Esq. and severall other his Louving Subjects in the said Letters Pattent, named and incorporated by the name of the Gouvernour and Com- pany of the English Colony of Connecticutt in New England in America, their Successors and assigns forever ; all that part of his Dominion contained, comprehended and being within certain Limits thereby prescribed, Sett and fixed for the bounds and extent of the Said Colony of Connecticutt, with all firm Lands Soyles, havens, ports, rivers waters, mines, minerals, fishings, precious Stones, quarries, and all and Singular other comodities, Jurisdic- tions, royalties, privileges and preheminences-franchizes and hereditaments whatsoever within the tract of Land, Islands, and bounds of the said Colony. To Have and to Hold unto the said Governor and Company, their heirs and Successors and assigns forever, in trust and for the use of themselves and their Associates the freemen of the said Colony, their heirs and assignees forever, to be holden of his said Majestie, his heirs & successors in free and com- mon Soccage &c. reserving only the payment of one fifth part of all the gold and Silver Oar &c. which shall happen to be found had, gotten &c. unto his said
456
Derby Records.
Majestie, his heirs and Successors, as in and by the said Letters Pattent relation being thereto had, doth and will more fully appear.
And whereas the proprietors Inhabitants of the Town of Derby within the sd Colony have formerly granted unto them by the Governor and Company of the aforesaid Colony of Connecticutt in Generall Court assembled, all that Tract of Land both upland and meadow grounds and Soiles, with the members and appurtenances thereof, called and known by the name of Derby, and have also purchased and Lawfully obtained the right of the Indian native proprietors, which said Tract of Land is of ex- tent, butted and bounded as followeth, Viz. abutting on the bounds granted to the Town of Milford, Southerly on Potattucke River, westwardly running in Length North- ward twelve miles to the Lines of the Towns of Waterbury and Woodbury, which is the Northward & Eastward bounds. And whereas haveing for many years past Stood quietly and peaceably possessed thereof, and the Same now being in their Lawfull, peaceable and quiet Seisin and possession ; and now applying themselves to the Gov- ernor and Company aforesaid, for a more full con- firmation of the same by pattent, Deed or Conveyance according to Law. Know Therefore all men that for the further and full Confirmation and sure makeing of all the aforesaid Tract of Land granted as aforesaid, with all the rights, members and appurtenances thereof, and the im- provements made thereon, and that the Same may be held and enjoyed by the Grantees hereafter named according to the true import & intent of the afore recited Letters pat- tent from his Majestie King Charles the Second, " Wee the Governour & Company of the aforesaid English Colony of Connecticutt in New England, in America being now assembled in Generall Court in discharge of our trust, and
457
Derby Records.
by virtue of the Powers to us Derived in and by the said Letters Pattent, Have given, granted, conveyed, con- firmed, enfeoffed and firmly made over, and do by these presents for ourselves, our heirs and Successors fully and absolutly give, grant, convey, enfeoff ratifie, confirm and make over unto Ebenezer Johnson, Esq. Samuell Riggs, Stephen Pierson, Thomas Worster, William Tom- linson, Isaac Niccolls and Joseph Hawkins and all other the present proprietors & Inhabitants of Derby, a List of whose names is inrolled herewith, their heirs and assignes forever respectively, all the aforementioned Tract of Land, both upland and meadow grounds and Soiles whatsoever contained within the Limits and boundaries above ex- pressed, and now in their Actuall seisin and possession being called and know by the name of Derby, with all the Woods, underwoods commons, pastures, herbage, feedings, Stones, Rivers, rivoletts, ponds, waters precious Stones, quarries, Emoluments, comodities, hereditaments, privileges and appurtenances thereto belonging, or in any wise appertaining & therewith used occupyed and enjoyed. Also all the Estate right, title, interest, property, use, pos- session, claime or demand, which wee the Said Gov- ernour and Company by vertue of the aforerecited Letters Pattent, ever had, have, or which wee, our heirs or Succes- sors can, or might have or Challenge in time to come of, in or to any of the said Lands and premises or to any part or parcell thereof or the houseing, buldings, and appur- tenances there of. To Have and To Hold all the above granted premises to the said Ebenezer Johnson, Samuel Riggs, Stephen Pierson, Thomas Worster, William Tom- linson, Isaac Nicolls Joseph Hawkins, and to the rest of the proprietors and Inhabitants of Derby aforesaid, their heirs and assigns or other lawfully deriveing from them respectively, forever ; in Such manner and by such diver-
458
Derby Records.
sions, alotments and proportions as have been granted alotted, assigned and laid out to each of them in Severally, by the grants, Votes and orders of the Inhabitants and proprietors in any meeting or meetings regularly assembled, and that at any time or times hereafter shall or may be further alotted, assigned and sett forth, with proportionable right in the Comons and Lands yett remaining to be divided, with full Warranty against us the said Governor and Company our heirs and Successors.
To be holden of her Majestie, her heirs and successors as of her Mannor of East Greenwich in the County of Kent, by Fealty only in free and Comon Soccage, ren- dering and paying unto her said Majestie, her heirs and Successors, one fifth part of all Gold and Silver Oar which shall be there had, or in any part thereof, in Lieu of all manner of Rents, Services and demands whatsoever. In witness whereof, wee the said Governeur and Company have Caused our Common Seal to be sett and affixed to these presents, the twenty fourth day of October, in the third year of her Majesties reigne, Anno : Dom : 1 704,
J. Winthrop, Govenor.
By his Honor's Command
Eleazer Kimbley Sec'ry.
The above written, with that on the next aforegoing page, is a true coppie of the origenall, being there with examined and compared, and here recorded
Pr me Eleazer Kimberly Sec'ry.
( The foregoing patent of 1704 is recorded in the volume of Deeds and Patents in the Secretary's office in Hartford referred to as " The Publick Records of Her Majestie's Colonie of Connecticut Number D," and marked "Colony Records of Deeds & Patents, No. 3," pages 386-388.)
THE PATENT OF 1720.
To All People to whom these presents Shall Come-The Govenor and Company of the English Colony of Con- necticutt in New England in America Send Greeting Know Yee that whereas all the Lands Contained within these abuttments viz: the Line between Milford and Derby namely the brook called Two Mile brook, South Potatuck River West Woodbury and Waterbury dividing Lines North Northwest and North East and a Line divid- ing between Milford and Derby on the East, which Line Joyneth to the forementioned South Line at the brook aforesaid .- now purchased or procured or by other Lawfull means obtained of the Indian Native proprietors and have been possessed and Improved for the Space of more than fourty Years by the persons whose names are hereafter mentioned being present Inhabitants and proprietors of Derby in the County of New Haven and Colony of Con- necticutt aforesaid and whereas King Charles the Second our late Soveraign, Lord of England &c by Letters Pat- tents under the great Seal of England by writt of privy Seal bearing date the Twenty Eighth of April in the fourteenth Year of His Reign did give and grant and Confirm to us the said Govenour and Company all the Lands within the Colony aforesaid in which these Lands are Included and the said Govenour and Company did in the Year One thousand Seven hundred and four, grant Letters Pattents for the Lands abovsd to Ebenezar Johnson Esqr-Samuel Riggs and others the then Inhabitants of Derby, and by reason of a failure or short description in
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.