USA > Massachusetts > Hampden County > Brimfield > Historical celebration of the town of Brimfield, Hampden County, Mass > Part 22
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 | Part 39 | Part 40 | Part 41
2ly they hold fourth in their Report as if the Reverond Mister treet and the people agreed. because the Lot were to be Reduced both these things we think to be a crafty Insinvation : whereby they would make this Excelent House belive that we agreed to have the Lots Reduced but these we testifie against.
In coming to Brimfield about this time the Committe proceded to make moore grants: wherein they exceded the number of Seventy. this with some other procedings did seem to be discorraging to the Inhabitance : whereupon some of the Inhabitance
Sent a Complaint of their proceeding : to the Grate and General Court. a Committe of Enquiry is sent
JOHN STEBBINS DAVID LOMBARD JOHN CHARLS DELIVERANCE BROOKS JOHN LOMBARD SAMUEL BLISS
After the said Committee had made Enquiry: they make their Re- port : may 29 day year 1723 they were : sent a Committee to order the Prudentialls : and to perfect the Settelment of Brimfield.
the first thing that we observe is their Distrebution they made : which is set forth in there Report made the Last year: this report was published In the year 1730: which is to this purpose : to some an Hundred And twenty some an Hundred some ninety some eighty some seventy some sexty five some sixty some fivety some forty some thirty four acres : this we understand allso that the after Rights are to arise accordingly so that so much as they have Reduce every lot to according to those numbers: we conceive to be taken out of our former
267
APPENDIX.
grants : one which for the most part we have fulfilled the Conditions. and we think very hard to be Reduce to such numbers above said the Hundred and Twenty Acors granted being the very Encouragement which some of us, and that the most of the Rest had granted to them afterward came upon: we think it hard if this present Committe have taken advantage from any thing wanting in the former Commit- tes Book : or any other disadvantage that some have been Labouring undur : then again we think it a straing thing that after men have been
have been in their own setteld improvement and In their prosessions Seven Eight or ten 12 or thertin years that then the Committe should Judge of mens abillities and then to procede to take a list As in the year 1730 they did : and upon this they make their Report : but before this they proceded to lay a tax upon us according to the afore said numburs which gave us good Reson to suspect : what they In- tended : this has proved a grate discouragement to many of the Inhab- itance : and tends very much to disunite : disafeet and divide : the said town : the which we think: is in Efect acomplisht these things seem malancoly to us
THOMAS STIBBENS JOSHUA SHAW
JOHN KEEP
JOHN LOMBARD
JOHN ATCHESON
JAMES TOMPSON
JOHN BULLEN
SAMLL SHAW ROBERT OLD
SAMUEL ALLEN
BENJA MUN and also I ROBERT OLD
ANTHONEY NEEDHAM
NATHAEL CLARK
MARK JEREY
Do Subscribe in behalf of my son Daniel Old Late Decd for his graut JOHN MILLER
JOHN DENISON
DANIEL FULLER
GEORGE ERWEN
JOSEPH FROST
BENJAMIN WARNER
ELEAZER FOOT DANIEL BURT
SAMLL KING
EBENEZER SCOT
the Asigns of JOHN BURT
JOSEPH DAVIS
DAVID SHAW
DELIVERANCE BROOKS
DANIELL KILLAM
SETH SHAW
268
APPENDIX.
PETITION OF JOHN STEBBINS AND OTHERS, ASKING TO BE QUIETED IN THEIR GRANTS AND FOR THE PRIVILEGES OF OTHER TOWNS.
To His Excellency Jonathan Belcher. Esq. Capt. General and Gov- ernour in Cheif in and over His Majesty's Province of the Massa- chusetts Bay. The Honourable His Majesty's Council and House of Representatives in General Court assembled at Boston, February 1730.
The Petition of Sundry of the Inhabitants of Brimfield, Subscribers hereunto
Most humbly Sheweth
That whereas in the year seventeen hundred and one Brimfield was Granted for a Township upon certain Conditions particularly set forth in the General Court's Resolve. and for the admitting of Inhabitants granting Alottments, distributing or proportioning of land there, and ordering all the Prudential Affairs of the Place, Collo. John Pynchon and five other Gent" were fully Impowered as a Committee by the said Court to manage, order, and Determin all that is needful to stating and settling the place for five or sex years or according as the Court should see cause to order, provided (among other things) that they Grant to no one Person that may have the Greatest Estate more than one hundred and twenty acres of all sorts of lands: And whereas through the distress of war the Said Committee could not possibly set- tle the Place aforesaid in such manner and time as was appointed, therefore in May seventeen hundred and nine, at the petition of sev- eral concerned in said Tract of land, the General Court was pleased to Enlarge the time granted to the Committee for the business aforesaid four years after the conclusion of the then war with France and Spain so also the same term was allowed to the Grantees to Comply with the Conditions of their Grants and Major JJohn Pynchon added to the Committee in the room of his deceased Father and whereas before the Expiration of said term the said Committee according to the Power given them Granted to your Petitioners severally a lott of one hundred
and twenty acres which lotts your Petitioners have improved accord- ing to the Conditions of their Grant by building thereon, actually Dwelling there and paying all such rates and charges as have been laid on them for settling the place aforesaid, whereupon your Petition- ers Concluded that by force of the Grant of said Committee and their Performance of the Condition upon which they received them, they had an absolute right in and to their several lotts aforesaid, as can
269
APPENDIX.
easily be made to appear. But so it is that the Great and General Court at their session in June, 1723, were pleased to determine and make void the Power Granted to said Committee, and instead of them appoint the Honble John Chandler, and Henry Dwight, Esq. and Mr. Joseph Jennings, a Committee to carry on and perfect the settlement of said Town agreeable to the General Court's Intent in making Brim- field a Township, who made Report of their doings to the General Court at their session in Cambridge last September, wherein are many things Justly Exceptionable and may be easily pointed out when nec- essary; But your Petitioners more particular Grievance (in case this Report be accepted by your Excellency and Honours) is that all of them will loose part of their Original Grants which they have Actually Improved, as before mentioned, some of them one-Third, some two- Thirds, and others almost three fourths : and this without any Provis- ion made for a recompence.
Yr Petitioners therefore against the Acceptance thereof, at least so far as relates to their Inconvenieneys, beg leave to offer that in their humble opinion the General Court did not annull the Aets and Grants of the former Committee, but only determine the power of said Com- mittee for the future, nor did the last Committee ever receive any Power to vacate or abrilge the former Commit's Grants. But their power was only to carry on and perfect the settlement of A Town, and it would be the highest reflection on the JJustice of this Great and General Court as it is furthest from the thoughts of your Petitioners to Imagine they shall be deprived of any part of the lands above men- tioned, Which they first received from a Committee of the Government, and that upon such terms as they with the Utmost Difficulty Com- plyed with, being at no small Expense in Settling Building and Im- proving, and with great hazard of their lives and Substance, living on and Defending the same, besides the taxes laid on them by this last Committee amounting to near a Thousand Pounds of which they had no account, and sundry other hardships too tedious and melancholly here to mention.
Your Petitioners therefore humbly pray they may be Quieted in the Possession of their Original Grants which they humbly conceive by Law they have acquired a good right to, that the last Committee may be ordered to deliver the Book of the first Committee's Grants to your Petitioners, and that the Grants made by the last Committee may be proportioned according to the order of the General Court in making Brimfield a Township that they may be fred from the Com- mittee and that the said Town may enjoy the Priviledges of all other Towns, and that to those to whom Grants have been made by the first
270
APPENDIX.
Committee, the records whereof may have casually been lost, yet have fullfilled the Conditions of said Grants may have the same Established to them and Inasmuch as there wants three lotts or Grants to fill up the number of Seventy, your Petitioners humbly Pray, that those that are now Improving or Dwelling in Brimfield may fill up the vacancy, having been benefactors to the said town of Brimfield, and your l'eti- tioners (as in Duty bound) shall ever Pray &c
DANIEL FULLER
JOHN STEBBENS
JOHN LOMBARD
ROBERT MOULTON
ANTHONY NEEDHAM
EBENEZER SCOT
THOMAS GREEN
JOHN BULLEN
GEORGE ANOAN
DAVID LOMBARD
JOHN NELSON ROBERT OLD
SAM'L ALLIN
ELEASAR FOOT
DANL BURT
JOHN CHARLS
DANIEL GRAVES
The Assigns of
ROBERT MOULTON, JR
JOHN BURT
BENJAMIN MUN
JOSEPH DAVIS
THOMAS FOOT
SAML KING
SAMUEL KEEP
The Widow Sarah Nickells
Administrator to the Estate of
William Nickells, deceased,
Robert Moulton
1
The assigns of SAML MUNGER
THOMAS STEBBINS
MARK FERRY
JOHN MIGHELLS
JOSHUA SHAW
DELIVERENCE BROOKS
BENJAMIN WARNER
Endorsed
In the House of Representatives Feb 16, 1730
Read and Committed to the Committee for Petitions.
House Journal, Printed Copy, Vol 1, 1730-1. Feb. 16.
A Petition of Sundry of the Inhabitants of Brimfield, praying that they may be quieted in the possession of their Original Grants which they conceive they have a good Right to, that the last Committee may be Ordered to deliver the Book of the first Committees Grants to the
271
APPENDIX.
Petitioners, and that the Grants made by the last Committee may be proportioned according to the Order of the General Court in making Brimfield a Township, that they may be free from the Committee, and that the said Town may Enjoy the Privileges of all other Towns, and that those to whom Grants have been made by the first Committee, the Records whereof may have been casually lost, yet have fulfilled the Conditions of said Grants, may have the same Established to them. And inasmuch as there wants three Lots or grants to fill up the num- ber of Seventy that these that are now improving or dwelling in Brim- field may fill up the Vacancy for Reasons mentioned.
Read and Committed to the Committee for Petitions.
Mr. Lynde, from the Committee for Petitions, Reported on the Pe- tition of Sundry of the Inhabitants of Brimfield, entered the 16th In- stant]
In the House of Repres Feb 20 1730
Read and
Ordered, That the Prayer of this Petition be so far granted as that some of the principal Inhabitants of the Town of Brimfield be served with a copy of the Petition, that so they may give in their Reasons (if any they have) against the Prayer Thereof on the Second Fryday of the sessions of this Court in May next. And that the last Commit- tee of Brimfield be also served with a copy of the Petition that they may show Cause why the same may not be granted, as to what refers to them ; and also that the said Committee do suspend acting any fur- ther in the affair of said Town until the order of this Court and that the said Committee be also directed to have the books and papers relating to the whole of the settlement of the Town ready for the perusal of this Court, on the Second Fryday before mentioned. And that the Inhabitants of the said Town be so far freed from a Committee and have and enjoy the Powers and Priviledges of a Town as to raiseand make Taxes, call a Meeting, choose Town Officers Cera
Provided, That in the Use of the said Powers they shall not pre- sume to pass any Acts or Grants that may affect the Property or any ways concern any of the Lands lying within the said Township and that the Committee for Brimfield be directed and Impowered to give copeys of Grants of Lands to the non-Resident Proprietors, if they re- quest the same.
And that Capt. John Sherman a Principal Inhabitant of the said Brimfield be and hereby is fully authorized and impowered to Notifie and Warn the Freeholders and other Inhabitants of said Precinct to
272
APPENDIX.
Assemble and Convene in some publick place in Brimfield aforesaid some time in March next requiring them to choose all town officers.
Sent up for Concurrence.
J. QUINCY, Spkr
In Council Feb. 22, 1730 : Read & Concurd
J WILLARD, Secy.
Feb. 22, 1730; Consented to
J BELCHER
REMONSTRANCE OF ROBERT MOULTON AND OTHERS AGAINST THE ACTION OF THE SECOND COMMITTEE.
At a meeting of ye former Commitee for Brimfield wch meeting was held at Springfield on ye 7th Day of may, 1717. At wch sd meeting ye sd Comtee made ye first grants yt was made to any of ye grantees now present Inhabitants of sd town : and at ye sd meeting it was Dis- courst of by ye aforest Comte to make some 60 acre grants, and upon ye motion thereof : ye people utterly refused to come and setle in sd town : unless they Could have Bigor Grants : Granted to each of them : by ye sd Comtee therefore ye sd Comte then granted. to each grantee : an 80 acre grant: but yet: notwithstanding ye people were verry backward in setling ye sd plantation : and maney persons neglected. to Comply with ye terms, of their respective grants. and by their soe doing they forfited ye same, and soe ye town. still remained in a verry unlickly way to be settled : according to ye true meaning and Intent of ye hond Court : and ye Direction thereof : and soe the sd town re- mained for several years : under exceeding great Discouragments : both by reason of ye Brokenness of ye Land: and because of ye maney hills: rocks and mountains; and unevenness therein: soe yt ye greatest part of ye whole township: wase waste Land: and of Little or noe value: and not then Lickly to be removed : and also ye sd Comtee for ye En- couragement of ye sethment of sd plantation: then granted out to each grantee in generall: 40 acres more to make up sd grants. to be 120 acres: and ye sd Comtee exceeded. the number of grants Limited by ye hond Com" of wch sd grants that execed sd Limitation: and although not Inhabitants, nor ye Conditions of ye same. never performed: yet there are many of such grantees who now Chalenge and Claime a good aright. and title to sd grants: as any other grantees in sd town who have performed ye Conditions of their respective grants. in sd town: and also several of ye Inhabitants, went prity privatly to ye sd
273
APPENDIX.
Comtee and Interceeded with sd Comtee for a second grant to give to their sons : to wit an 80 acre grant each-wch yo Last Comtee calls 120 acre grant, each : in their report : ye most of all whose sons : were but children att ye same time when granted : and yº Conditions of sd grants remains to this day unperformed : under these and many other Innumerable Discouragements the town then Labouring under, ocationed. ye place to be without a minister for seven years: and farther : when ye Inhabitants came to find out : that ye former Comtee continued Still granting out more grants than ye Limitation of y hond Court whereupon : acomplaint wase made of ye same : and also of sun- derry other things by some of yo Inhabitants : not because that our grants were all in general equal : notgt we had ye Least thought of Cutting Short or Depriving of any of ye grantees : Inhabitants of sd town : of any part of their origenal 120 acres : to each grantee : and then our Last Comtee wase sent. a Comtee of inquirie. but afterward they wore put in a Comtee to perfectt ye setlement of said town. and Indeed : in our humble opinion : in stead thereof : they have ruined ye town : unless Correctted by your Ex. and honours.
We think it a verry hard thing. to be reduced from our hundred and twenty acre grants. it being ye Encouragment we had from ye former Comter : and also we think it exceeding hard yt ye Last Comtee should take any advantage from anything wanting in ye former Comtees Book : by ye former Comtess negleett : notwithstanding ve Conditions of our grants having been performd : and in ye Improvement and in actual possession of ye same for several years.
All weh is most humbly submited to your honours Consideration. June ye 4th 1731.
ROBERT MOULTON DAVID SHAW JOHN STEBBINS GEORGE ERWIN in ye behalf of ye town of Brimfield.
EVIDENCE OF JJOHN KEEP AND MICAH TOUSLEY TO SHOW THAT JOHN EVINS DID NOT INTEND TO SETTLE IN BRIMFIELD.
The Evidence of John Keep : and micah tousley Between Samuel Shaw and John Evins: witnesseth that Samuel Lamb, of Springfield : came to Samuel Shaws home Lott in Brimfield. some years agoe :- and he ye sd Lambb: took a hoop ; and Did hove up every small spott of ground : within ye aforest Samuel Shaws ray field : where the sd Shaws ray was then growing: and ye sd Lamb. Did take some ears of ray whch he had in his pocket : and he Did partly shill out ye same upon
35
274
APPENDIX.
ye sd little spot of ground which he had hoed up in ye sd Shaws ray : and then he took a rake and Did rake in ye same : and when he had soe Don : ye sd Lamb Did Desire us : to bear witness : that he had both Brooken up Land. and. also soun ye same : and yt upon ye sd John Evins acount : as he himself had told us : and also he ye sd Lamb took each of us ye Subscribers hereof. a considerable way : to be wit- nesses to the same: John and father ye sd micah tously Doth testify- Keep
that he heard ye sd John Evins say yt he never would Come to Live in sd Brimfield nor never Intended to live their in sd Brimfield : if he might have half ye town for soedoing : and I told ye said Evins yt he would certainly Loos his grant if he Did not Come to Brimfield and fulfill ve Conditions of his sd Grant : as other men in said town Did : and then ye sd Evins Replied : yt he would not come to Brimfield to Live therein : if he might have the ye whole of sd town for sodoing : and he further said yt he would Lett it ly : it would eate noe Bread from him : and ye sd Evins said yt he would make apeney of it : some time or other. ye as efidavis-
pr me MICAH TOUSLEY
And I ye wife of micah tousley Do testify to ye truth of ye same because said in my hearing.
her
HANNAH TOUSLEY X mark
And I for ye foregoing partt Relating to Shaw : do certify to ye truth of ye same.
JOHN KEEP
REMONSTRANCE OF JOHN STEBBINS AND OTHERS AGAINST THE ACTION OF THE SECOND COMMITTEE.
Brimfield in ye County of Hampshire in ye Province of ye massa- chusetts Bay in new England.
These are to certify to your excellency and honours. by us : ve pro- prietors. and Inhabtants of the town of Brimfield. aforesaid. concern- ing the Report made by our Last Committee Capt John Chandler. Capt. henerey Dwight. and m' Joseph Jennings. to ye Generall Court : held at Cambridge in September Last. 1730 .- wherein they seem to signify. according to our, apprehension or understanding of ye same .- as if there had been. formerly. some agreement. or consent. of the town : that some of our original 120 acre Grants. of grant Land .- of which said grants : the conditions whereby we obtained ye same. were formerly. fulfilled. and Compleated according to ye actt. of ye honoura-
275
APPENDIX.
ble Court. and also ye act of ye Comte when first granted and also. our minister, the Reverend m' Richard treat. with whom we Did agree : and also gave our Consent that he should have agrant. of 120. acres. of Grant Land. Equall with our own grants. for his Encouragement. to setle amongst us. in ye work of ye ministry. but our Last Comtec have Reduced and Brought Down: his sd grant. which the town. con- sented. that he should have to 70 acres of grant Land. whereas there never wase any such thing. as any agreemet made by the town in those Days, nor Intended to be made : that either our minister, nor any of ye grantees. then present Inhabitants should be cutt. short of any part. of their original 120. acres. of grant Land : and that because. in those days, soe much was ye encouragement from ye former Comtee to each Grantee. in Generall : if they Did performe the Conditions of their Grants. severally within the time Limited :- and noe more could be expected to any one person. of grant Land : by vertue of ye act of ye honourable Court :- and it having been formerly agreed upon. and voted by ye sd town. that all our grants should be measured over a second time, and that because when our grants were originally granted to us by the former Comte there wase not any of all ye grants, in sd town, then Laid out by an Artist : soe that verry extravagant measure wase made to maney : persons : but now ve most part of all ve Inhabit- ants have had their originall 120 acre grants measured over again. a second time by an Artist : according to ye former agreement of sd town : but there are some few persons who have Laid out Duble yt quantity of acres wch was not according to ye Agreement of the town : neither: agreeable with ye act of ye Generall Assembly,-but we who have had our originall 120 acre grants measured to us a second time : we Did not Lay ye sa grants out with any regard nor Respect to our Last Comtee's Schem. in the Least, nor to any of their transactions : which they have Don in sd town : and that because in our humble opinion their transactions were, not in the least agreeable : with the Direction of ye honourable Court, to them, in making Brimfield a township .- which transactions Don by ye sd Comtes in sd town : proves to ye great Damage and Ruine of maney of ye Inhabitants,-and also : they seem to signify in their Report concerning some particular per- sons grantees, of sd town : wherein they Doe make mention of them by their names in sd Report and gives ye honourable Court to under- stand that such persons were well satisfyd and Contented with their settlement which they had made : whereas some of us, the subscribers hereof are some of ye verry persons, which ye sd Comte Doth set forth in their Report, to be soe well satisfyd and contented, with their setle- ment : whereas we Doe sincerely and solemly affirm to your Excellency
276
APPENDIX.
and Honours, that we never wase satisfyd or contented with any such unequall setlement : but on the Contrary : we Did then, and have always ever since manifested our great Dissatisfaction to yesd Settle- ment, which setlement we had publickly Declared to ye sd town, in a town meeting : wch meetting wase warned by order of Coll. John Chandler, particularly for that end, that se said town might Know ye certainty of their Late Establishment, to wit. the sd town meeting wase held on fryday the 16th day of May, 1729, then we had ye sd Comtees Schem read : and publisht to the sd town, in ye sd town meet- ting : but ye town never had the certainty of ye same till ye.sd Day, and year aforesaid, farther they say in their Report, yt Benjamin Cooly had a grant of 120 acres for a son, as well as for himself whereas theres many persons in sd town yt can safly swear, yt they have heard of ye sd Coolly say at Divers times : yt he ye sd Coolly never had but 120, acres, from ye former Comtee and we think it a very strange thing : ye ye Last Comtee should take upon them to give ve sd Coolley and sundry other persons : 120, acres of grant Land : and also 120 acres of Division Land : to each of such persons as they have seen cause : and for what reason that they have Done soe :- wee Cannot tell : nor any yt is acquainted with ye town and ye afairs thereof,-and farther they set forth in their Report and says. that severall of whose sons are maried, and have Built, and setled on them, as well as their fathers, whereas, theris non of those mens sons maried yt ever had a second grant from ye former Comtee for a son, Excepting two that was maried lately, to witt ye one is a son of Deacon Morgans : who lives on his father first grant : it being a part thereof, that his father hase given to his son, but he verry honestly tells us, that he knows verry well which way ye said Comtee turns it : and also several others, and says that he will not be found in a lie : or any way fals in that par- ticular thing : and says that he : and ye rest of the men-who had two grants, granted to them : were suspicious whether they could hold any but one of ye grants: of which sd grants : one of them wase: but an 80 acre grant from ye former Comtee to wit yt to grant which is called a second grant : for a son : and ye sd morgain tels us yt he never understood yt his second grant wase above 80 acres :- the other that is maried is a son of Nathan Collins: who Lives in his father's house : yet our last Comte seems to set forth in their reportt, as if severall mens sons had bult houses on such grants : whereas theris nothing in it farther : they tell of eleven persons, former grantees: and calls them mostly young : and single men, whereas some of these verry men : are some of ye very oldest : men : yt we have in said town except two or three others: and yet ye sd Committee hase rankd them up in the
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.