USA > Massachusetts > Hampden County > Brimfield > Historical celebration of the town of Brimfield, Hampden County, Mass > Part 23
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APPENDIX.
number of young and single men : and many other Innumerable wrongs : very grievous and Discouraging : to your petitioners and others of ye Inhabitants, whose names are not at ye petition, but yet in ye same Distressed Condition-under ye same Comte these many years to ye great Damage and ruine of many persons : grantees of sd town : wch can easily be pointed out.
EBENEZER SCOT JOHN STEBBINS
JOHN KEEP DAVID SHAW
GEORGE ERWIN
NATHANAEL CLARK
JAMES THOMPSON
SAME KING
ROBERT OLD
JOHN MIGHELL
and also I ROBERT OLD
BENJAMIN WARNER
Do Subscribe in behalf
JOHN LOMBARD
of my Son DANIELL OLD
SAMUEL SHAW
Late Decd for his grant
JOHN BULLEN
MARK FERRY
JOHN MILLER BENJAMIN MUN
ANTHONY NEEDHAM
DAVID SHAW
SETH SHAW
in behalf of Mr
JOSEPH DAVIS
DANIELL HENCHMAN and
DELIVERANCE BROOKS
others for FRANCES BAXTER'S
DANIEL FULLER
grant late decd
JOSEPH FROST
JOHN NILSON
JOHN DANIELSON
ELEAZER FOOT
JOSHUA SHAW
DANIEL BURT
DANIEL KILLAM
the Asigns of JOHN BURTT
JOHN CHARLES
THOMAS STIBBNS
SAMUEL BLISS
JOHN ATCHESON
ROBERT MOULTON
To His Excellency, Jonathan Belcher, Esq. Captain General & Governor In Chief In and over his Majestie's Province of the Massa- chusetts Bay, The Honourable the Council and house of Representa- tives In General Court assembled at Boston, May 26th 1731.
The Replication or Answer of The Committee of Brimfield to the l'etition of Sundry of the Inhabitants of said town thereunto sub- scribed
Most Humbly sheweth,
That However Specious the Said Petition may seem to be, Yet the Greatest Part thereof, which Relates to their fulfilling the Conditions
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APPENDIX.
of their Respective Grants made them by the former Committee. and the Present Committee Dealing Injuriously by them is not fact, but groundless and an unfair Insinuation for several of them were never mentioned in the former Committees Book : They never made it appeare to Your Respondents that they Ever had any Grant from them & many had not fulfilled the Conditions whoe had Grants made them : and Some have a far larger Interest Then a Seventyeth Part of the town. Perticularly among The 67 lotts, that were Returned to this Greate & General Court in September Last; Seven of the Petitioners, namely Deliverance Brooks, John Stebbins. John Charles. Thomas Stebbins, David Lumbard. We Nichols Heirs & John Lum- bard, have a much Larger Intrest than they Could have had were the Seventy lotts made 120 acres each : the Establishment Therefore Can be no Disservice to them: their Petition therefore in That arti- cle must needs be Groundless & Troublesome.
Eleazer Foott (another of the Petitioners) though he has less than any of the forenamed Persons, Yet he has a Seventy acre lott, It is Equal with the Minister's lott, whoe by the Peoples own agreement is to have & has a Seventyeth Part of the township & It is Settled at Seventy acres.
Sam1 Bliss, Joshua Shaw, Robert Old, George Erwin. Thomas Foots assignes, John Burts assigne, Samuel Allen & John Keep have each of them a Sixty-five acre lott: which falls short but 1-14 of a Seventycth Part of the township; as for Saml Keep (another of the Petitioners) your Respondents know him not but as a nonresi- dent, neither Know they Daniel Burt (another Petitioner but as he is John Burts Assigne Soe that their names are wrongfully put to the Petition.
Robert Moulton (whoe came from Windham In Connecticut) & his Son Robert Moulton Junr have a Sixty acre lott Each; neither of them are in the former Committees Book [and had not the Grantees of the 120: acre lotts taken up with that quantity in full for two Grants each, Neither the said Robert Moulton nor Several others Could have been admitted] but your Respondents had a Tender Re- gard to all whoe had wrought on the Place, & were likely to Settle : and Therefore Laboured abundantly to accommodate Every one as far as Possible : moreover your Respondents found Said Moulton was not there at the first Establishment although he had Presumed to work on a Purchase not Legally made : He was not Established. untill : 1726: and Then Manifested his Thankfulness for and declared his Satisfaction In the Grant made him, he & his Son Robert Moul- ton Junr (whoe is Still a Single man) have as much Land and as
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APPENDIX.
Large an Intrest (besides their other Purchases) as, the Best Spring- field Original Proprietors of the Largest Denominatione have for themselves & Sons, whoe had Everyone of them two Grants from the former Committee : why the Said Moulton should complain seems as odd to Your Respondents as his double or tribble Signing the Peti- tion. His Son in law Anthony Needham has alsoe a Sixty aere lott & Soe has Saml King. They have each 6-7 of a Seventyeth Part of the township; They were not Reckoned more Deserving than one half of the Largest Denomination.
The following nine Signers to the Petition, viz: John Bullen, Daniel Graves, John Nelson, Benjamin Mun, John Mighell, John Danelson, Benjamin Warner, Joseph Davis & Daniel Fuller have each of them 5-7 Parts of the township. Considering their Circumstances (which in Tenderness to Some of them is not mentioned) they have been as honorably dealt by as any others.
As to the other three Petitioners, viz: Thomas Green, Ebenezer Scott, and Mark Ferry, Your Respondents Reply.
Said Green's Claim was a Purchase made at Second hand from Thomas Mirick Jun a non Resident, who had : thirty Pound: for it, It was a Grant of but 80 acres of land : and as your Respondents Conceived, the former Committee exceded their Power in Suffering Non Residents to make money of Land for which they never wet their fingers nor ever Intended to settle, Soe had not The Poor Man's Circumstances which were very hard, been Compassionated he had been wholly Rejected and Perhaps Ruined : But a fourty acre lott was thought as much as could consist with Justice, he never Paid any taxes, Neither was taxed untill last November, and then was set at a Proportionable Sum for them all.
Said Scott had alsoe a Grant of but Eighty acres of land, It was made on Conditions which he had not fulfilled : however having done something on the Place though a Nonresident he had a Thirty four acre lott Established on him upon Conditions which he finally ful- filled : and in his application to have his right Enlarged was offered in case he paid his Taxes forthwith (which were wanted to Pay where it was owing) It should be made a Fifty acre lott, But he slighted the offer and never Paid it.
Said Ferry never made it appeare he had a Grant from the former Committee : But your Respondents finding him there Established him a Thirty four acre lott. he and said Scott are about half share men.
With Respect to the three lotts which the Petitioners mention as Being Yet Ungranted, the Committee according to the Power Vested
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APPENDIX.
In them made a Disposition and Grant Thereof In November last the : GSth lott Was Granted to Samuel Chandler ison to one of Your Respondents) whoe has built thereon has a family settled land Broke up and a Considerable Stock there worth at Least : 120 8 : has Paid all the Taxes In Proportion to his lott. which is a Seventy acre lott. The Sixty ninth lott is Granted to Seth Dwight Son of another of your Respondents & the Seventyeth lott to Joseph Jennings one of your Respondents and are Sixty acre lotts : This must needs be well Known to the Petitioners; and that Before they Exhibited their Po- tition : Now although It may Perhaps Seem Odd to the Petitioners that some of the lotts are really smaller than others, Yet Your Re- spondents on a review of the Whole Affair humbly apprehend they have acted conformable to the Intent of the Great & General Court in making Brimfield a Township, and have had a special Regard to the Original Proprietors and that those whoe have had have as much as they deserve, and they whoe have most very well deserve it; There- fore doubt not but their Report In September last will be accepted with the three lotts last granted.
And shall ever pray &c.
JOHN CHANDLER HENRY DWIGHT JOSEPH JENNINGS
Committee.
In Council June 4. 1731 Read again together with the Answers made thereunto and ordered that William Dudley. Jonathan Reming- ton and Thomas Cushing Esq's, with such as shall be appointed by the Honble House be a committee to consider this petition as soon as may be and the several papers relating thereunto and report what is proper for this Court to do thercon
Sent down for Concurrence
J. WILLARD, Secy
In the House of Representatives June 5. 1731
Read and Concured and
Ordered that John Stoddard Esq. M' Ed- ward Shove. Mr Samuel Chandler Capt John Alden and Benj Lynde Jun Esq be joined in the affair
J. QUINCY Speaker
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APPENDIX.
REPORT OF COMMITTEE.
The Committee to whom was refered the petition of Wm Pynchon and others. John Stebbins and and others, together with other papers relating to the town of Brimfield after hearing the respective parties. and after full consideration of the circumstances of their affairs report as follows.
That the affairs of st place were greatly entangled. In regulating. Whereof the Present Committee have taken great Paines, that the grants might be made Conformable to the order of the Court. yet to avoid the great uneasiness of many of the settlers at the reducing their grants and some ofher Inconveniences that might Probably En- sue : We propose that the report of sd Committee be not accepted, and that in lieu thereof. the Several grants following of 120 acres each man by the former committee be not accepted. and that in lieu thereof the severale grants following of 120 acres each made by the for- mer committee and laid out to the Respective grantees be ratified and confirmed to them Viz; to Nathaniel Hitchcock. Ebenezer Graves. David Hitchcock. Benjamin Cooley. Leonard Hoar Capt John Sher- man. David Morgan. and Nathan Collins and to one of the sons of each of them a lot of like quantity. to Deliverance Brooks. Daniel Hubbard. John Atchinson & one to his son ; one lot to Park Williams in his own rite. and another purchased by him which was originally granted to Robert Old. to John Stebbins. William Nelson and John Charles & like lots to one of each of the sons of the three last named Grantees, to John Lumbard David Lumbard. Samuel Hubbard. Peter Haynes. Joseph Haynes. Peter Montague. Henry Burt Thomas Steb- bins. William Nichols, Heirs. Micah Tousley. Eleazer Foot. William Warrinner. James Thompson Francis Baxters heirs & assigns. George Erwin. Joseph Frost. David Shaw. John alias Dan1 Burt Joshua Shaw. Samuel Bliss. Thomas Foot & assigns. John Keep. Samuel AAllen. Nathaniel Miller Ezra King Robert Old. Called Capt Ashleys lot. Samwel King. Anthony Needham. Robert Moulton Robert Moulton Jun'. John Nilson. John Danielson. John Miller. John Mighell. Joseph Davis Benjamin Warner. Daniel Graves. Benjamin Mun. Dan- iel Fuller, Nathaniel Clark, & John Bullen. there being in the whole Sixty nine lots of 120 acres Each ; And the Committee Do further report that there be allowed & Confirmed unto Samuel Munger or assigns, Thomas Green, Joshua Old, Ebenezer Scott, Mark Ferry, Sam- uel Allen Jun. Samuel Shaw, Seth Shaw, and Daniel Killum, or assigns each of them a home lot of Sixty acres, in the place they have been laid out, and if any of the nine persons last mentioned have
36
282
APPENDIX.
more land contained in their Home lotts, than Sixty acres, they shall hold the same, but surplis to be accounted for a part of their after rights or division and the above named Grantees to Perform the con- dition of their grants, to pay each his proportion of past charges, & shall all of them be admitted to after rights & divisions of land in proportion to their respective grants : and the sd Committee Do fur- ther further Report. that the present Committee gave to the Reverend M' Treat the minister of the town a lot of 120 acres, with all after Rites, and afterwards the inhabitants agreed with their sª minis- ter that he should have a full seventyeth part of sd township, that therefore the sd 120 acres be confirmed to the sº Mr Treat his heirs, assigns forever. Together with such additions thereto as to make up to him a full seventyeth of the whole township as aforesaid. the Com- mittee Do further Report, that there be confirmed unto Samuel Chan- dler son of John Chandler Esq whoe has Built a house in Brimfield and made Considerable improvement there, to Seth Dwight son of Henry Dwight Esq and to Joseph Jennings Esq each of them a lot of 120 acres, each together with all after Rights and Divisions of each, they settling Improving & paying of Past Charges In proportion and these grants. to be in full Satisfaction for the present Committees Paines & Care & their own propper expense in managing the affairs of the town ; the Committee do not observe any clause in the commis- sion to the Committee for Brimfield that Dos Countenance the grant- ing lands to any that should not settle thereon, yet they finds grants made to Mr William Pynchon and Obadiah Cooley without condition whoe Did provide Some materials for finishing the meeting house, and have since made some improvements thereon, are therefore of opinion that they have Joyntly Confirmed to them one lot of a hun- dred and twenty acres, with all the after rights and Divisions in Pro- portion with others by paying their Proportionable part of all past charges, and that there also be confirmed to the said Pynchon and Cooley two hundred acres of land, granted and laid out to them abso- Intely, in consideration, that they provided iron work for the first Saw mill, according to an agreement, with the Committee and settlers, they drawing no after Rights therefor, and whereas the first Committee Did grant to Capt George Colton and David Ingersole 120 acres in consideration of their providing Nailes of all sorts Sufficient for finish- ing the meeting house, which lots were laid out with an addition of about fifty acres, on which land they have Built two houses and made considerable improvement, that therefore the said two grants with ye aforesaid addition be confirmed to them and they allowed to draw after rights on 120 acres onely, they paying past charges in proportion to
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APPENDIX.
their lots. The committee Do further propose, that there be con- firmed to the heirs of Lient Col. Pynchon, Capt Thomas Colton, Mr James Warriner, Mr David Morgan, Mr .Joseph Stebbins, all deceased, & to Mr Peletiah Glover, their Respective grants of 120 acres each without any after Rights and Divisions or obligation of settlement. they accounting for what sums of money they have Received for & in behalf of the town of Brimfield, more particularly the nine Pound they received of Thomas Mirick Jun'. And the Committee Do fur- ther Report, Whereas Thomas Ingersole, had a grant made by the first Committee of 120 acres without being obliged to settle, and he having been at expence upon the Committee and otherwise, that therefore his sd grant of 120 acres be confirmed absolutely, he to Draw no after rights therefor.
The Committee Do further offer as their opinion that one of the grants & surveys made to Thomas Mirick of Eighty aeres be made up 120 acres and confirmed to him sa Mirick in consideration of his pay- ing to a Sub Committee the sum of ten Pounds ten shillings for the Benefit of Brimfield, he to draw no after rights therefor; and that Thomas Mirick Jun have his grant of 120 acres confirmed to him without any after divisions in consideration of his having paid nine pound to the first Committee, and that 50 acres of land confirmed to the heirs of Nathaniel Sikes a part of the grant for- merly made to him, and if it hatth not been already laid out, it shall be laid out in some of the common land & they free from obligation of settlement, and they not Intitled to any further or after Divisions, he having made some pay to the first Committee; and that there be allowed and Confirmed to Increase Sikes one hundred acres of land to be laid out in some of the Undivided lands in Brimfield. without condi- tion or benefit of after Rights, it being in consideration of Seven pound ten Shilling paid for the Benefit of Brimfield, and there be allowed & Confirmed unto Sam" Keep one other of the non-resident Grantees 120 acres of land in any of the undivided lands in Brimfield absolutely and without the Benefit of after Divisions, it being in Consideration of twelve pounds ten shillings paid for the benefit of the town of Brim- field, and that Tilly Mirick a non-resident grantee having Paid ten Pounds to the present Committee for the use of the town of Brimfield, have allowed to him one hundred and twenty acres, without any after Divisions, & without and without any condition of settlement, and Whereas Divers of other grants have been made by the first Commit- tee. some of which were absolute and others on conditions not per- formed, and having in no measure answered the good Design of the general Court, Perticularly to Mr Brewer, William Hamilton, Patrick
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APPENDIX.
Marshall, & Andrew, Bayley, Pelatiah Glover Junt, John Evans, & Ebenezer Cooley, the Committee are of the opinion that their grants be holden for none; and that the lands laid out to satisfie sd grants, respectively be declared common and unappropriated-
And whereas there hath been Complaint made that Due Care hath not been used in laying out lands to satisfie the grants made, the Committee are humbly of opinion, that there be a more exact surveye of the several, and what lands shall be found over & above the several grants Confirmed by this Court Shall be Esteemed. as Common and undivided land, and subject to a Division, with other lands, and when all the grants Confirmed by this Court are Satisfied, and those sev- eral lands laid out. that then the Whole of the land Remaining and belonging to the town of Brimfield Do belong to the Grantees, allowed to Draw after Rights and Divisions and to be alloted and Divided to them in proportion according to Such Grants.
The Committee Do further Propose that the last Committee do make up & lave before this Court forthwith if able, or at farthest, at the next Session, the account of what money, have been Received, and Paid out on Publick account, for the Use of the town of Brim- field, and if more has been Expended for the service of the town than has been Paid in or provided for, the Inhabitants Satisfie the same- And in Case Either of the Committees have been at more Charges or Expense of time than the others, they be accountable to each other, and Bear Proportionable part accordingly-
And Lastly that the Inhabitants of the township of Brimfield have and Enjoy all the powers, Priviliges & Immunities that other towns in the Province Do EnJoye : and have the papers, Books & Records be Delivered up and have leave to bring in a Bill accordingly.
All which is Humbly Submitted by
WILLIAM DUDLEY JUN In the name and by order of the Committee.
In Council June 17th 1731 Received & ordered that this report be accepted- Sent down for Concurrence
J. WILLARD. Secretary.
In the House of Representatives June 18. 1731: Read.
P. M. - Read again and Concurred
June 22. 1731 Consented to. Coppy Examined
J. QUINCY. Speaker. J. BELCHER
J. WILLARD. Secretary
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APPENDIX.
An Engross'd Bill entitled an act for Erecting a New Town in the County of Hampshire called Brimfeild -having been read three several Times in the House of Representatives & in Council-pass'd to be Enacted by both Houses.
Not approved by the Governor.
ANNO REGNI GEORGIS SECUNDI QUINTO.
An Act for Erecting a New Town in ye County of Hamshere Called-Brimfield whereas there is a Certain Traet of Land situate in the County of Hamshear Lying East of and adjoining to ye Town of Springfied Commonly Called Brimfield which is Competently filled with Inhabitants who have Settled a Learned orthodox Minister among them and are desierous to be made a distinet and Separate Township and That they may be Vested with all the powers and privileges of a Town : Be it therefore Enacted by his Excellency ye Governer Coun- eil and Representatives in General-Court assembled and by the authority of ye same that the Lands hearafter bounded & described be and hearby are Constituted a Seperate Township by the name of Brimfeild (viz) Beginning at ye South west Corner of Je Township of Brookfeild and from thence Extending northerly by sd Brookfeild Line till it meets with Chickapy River then Runing Westerly as ye said River Runs (and bounded thereby) to the East Bounds of Spring- field, Then Extending Southerly as Springfield Bounds Run to Col- lony or patent Line bounded partly on Springfield and partly on Common or Unappropriated Land and from the aforesd South West Corner of Brookfeild to Extend East Three miles on Brookfeild South Bounds and from thence to Extend South till it meets with the sa Collony or patent Line, and to bound South thereon, And that the Inhabitents of the Lands above discribed be and hearby are Vested with all ye powers priveleges and Immunities That the Inhabitents of any of the Towns within this Province are or ought by Law to be Vested with ; The said Town to be in the County of Hampshere In the House of Reptives, DerG. 16: 1731. Read 17. a second Time 18. a Third time and Passd. to be Ingrosd.
Sent up for Concurrence
J. QUINCY Spkr.
In Council Dec. 18 1731 : Read twice & Concur'd
J. WILLARD
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APPENDIX.
Friday, Dec' 21. 1731
IN COUNCIL
An Engross'd Bill entitled an act for Erecting a new Town in y" County of Hampshire called Brimfield-having been read three Sev- eral Times in the House of Representves & in Councils-
Pass'd to be Enacted by both Houses.
No action by the Governor
At a Great & General Court for the Province of the Massachusetts Bay held at Boston December 1. 1731 In Council
Whereas an order Passed this Court In their last Session granting to Several Persons Inhabitant In the Town of Brimfield viz : Nathan- iel Hitchcock. Ebenezer Graves. David Hitchcock. Benjamin Cooley. Leonard Hoar. JJohn Sherman. David Morgan. Nathan Collins. John Stebbins. William Nelson and John Charles a lott apiece for them- selves, and one lott to one son of Each of the Said Grantees : and Its not Being mentioned In the Said order which son should have the Said lott. and it Being necessary that the Same Should be Determined
Resolved that the Parents, viz; the said Grantees have and hereby are Impowered and Authorised to Determine which of their sons shall hold use occupie and Enjoye the Grant made as aforesaid : and Enter such their Determination In the Proprietors Book : and the Clerk of the Proprietors is hereby Directed to Enter the same therein; always Provided that the Conditions of the said grants be Every respect Complyed with notwithstanding such Division or Determination of the Parent
In the house of Representatives Read & Concurred Consented to J. BELCHER.
Examined a Copy
J. WILLARD. Secretary.
Recorded from a Coppy of the original March ye 23d 1732
pr order of Court per JOHN SHERMAN, Clerk
COPY OF DETERMINATION BY GRANTEE.
To all to whom these Pressents shall come. I. Leonard Hoar of Brimfield in ye County of Hampshire in the Province of the Massa- chusetts bay in New England husbandman Send Greeting : Whereas an order Passed the Great and General Court of sª Province in June,
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APPENDIX.
1731 : Granting To Several Persons Inhabitants of the town of Brim- field (viz) Nathaniel Hitchcock. Ebenezer Graves, David Hitchcock, Benjamin Cooley, Leonard Hoar, John Sherman, David Morgan, Na- than Collins, John Stebbins, William Nelson, & John Charles, a lott a piece for themselves, and one lot to one Son to each of the sª Gran- tres ; but Its not being mentioned In the sd order, which Son should have the said lott : and for Explanation whereof a Resolve Passed the Great & General Court of the said Province, at Boston. the first of December : 1731 : Resolving that the Parents (viz) the Grantees, have & hereby are Impowered and authorized. to determine which of their Sons Shall hold use occupie and EnJoye the Grant made as aforesaid, as by the said order & Resolve Reference thereto being had may more at large appears : In Pursuance of the said Resolve I ye said Leonard Hoar Do hereby determine & declare that my son Joseph Hoar of sd Brimfield husbandman him his heirs & assignes. Shall have hold use occupie and Enjoye the said lott, granted to my son aforesaid, subject nevertheless, to the Performance of the Conditions of said Grant : In witness whereof I the said Leonard Hoar have hereunto set my hand & seal the Seventh day of april, In the 5th year of his Majesties Reigne annoque Domini : 1732:
Signed Sealed & Delivered In Leonard Hoar and Sealed
Presence of :
John Sherman : Recorded april 7th 1732 : from ye original Beriah Sherman : pr John Sherman Clerk
WARRANT FOR THE FIRST TOWN MEETING.
By vertue of an order from the Greate & General Court of the Prov- ince of the Massachusetts Bay In New England, &c. These are there- fore to Notifye & Warn the free holders & other Inhabitants of the town of Brimfield to Assemble & Conveene Together at the Meeting house In Brimfield Aforesaid, on Tuesday the Sixteenth of this In- stant March, at Nine of the Clock In the forenoon of sª Day, Then & there to Elect & Choose such Town officers as the law Directs to Choose.
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