Litchfield County CT Archives History - Books .....The Plantation 1882 *********************************************** Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ct/ctfiles.htm *********************************************** ************************************************************************ The USGenWeb Project makes no claims or estimates of the validity of the information submitted and reminds you that each new piece of information must be researched and proved or disproved by weight of evidence. It is always best to consult the original material for verification. ************************************************************************ File contributed for use in USGenWeb Archives by: Joy Fisher sdgenweb@yahoo.com May 15, 2005, 2:50 pm Book Title: HISTORY OF THE TOWNS OF NEW MILFORD AND BRIDGEWATER, CONNECTICUT, 1703-1882 CHAPTER I. THE PLANTATION. A GIRL of only eight years of-age, coming into the deep wilderness with her father, was the queen of the first household of white persons established in the territory, which, for one hundred and seventy-eight years, has been known by the name of New Milford. John Noble, Sen., was that father, who, being a resident of Westfield, Massachusetts, on the 22d day of June, 1706, purchased of Richard Bryan, of Milford, who stood number fifteen on the list of proprietors, his original "Right," or a one hundred and fourth part of the undivided territory then recently bought of the Indians and named as above, lying in the dense, sublime, primitive forests, nearly on the western border of Connecticut, where, unto that day, none but the wild Indian had made a habitation for the rest and security of man. On the same day his son John Noble, Jr., bought a "Right" of John Woodruff, it having been the right originally of James Fenn, who stood number seventy on the list of the original proprietors of the plantation. In the next spring or summer, 1707, John Noble, Sen., called in his deed "planter," made his way through the wilderness in company with his little daughter Sarah, and took up his habitation among the Indians, in one of the most picturesque localities in the valley of the Housatonic River, known then for more than forty years, in the Indian language, as Weantinock. He at first built a "hut" at the foot of Fort Hill, a little to the-north of the Indian burying-place, where the cellar or excavation is still to be seen, and where he dwelt with his daughter while he built a commodious house at the south end of the "Town plat." Concerning this first inhabitant, the Rev. Stanley Griswold, pastor of the first Congregational Church at this place, in a century sermon delivered in 1801, makes the following statement: "The first white settler who came to this town was John Noble, from Westfield, Mass., who came here in the year 1707. He brought with him at first one of his daughters, then about eight years old. He first built a hut under what is called Fort Hill, but afterwards moved, and pitched here in the centre of the town. His house here was for some time the last house on this side of Albany, and General Nicholson once lodged in it during the reign of Queen Anne. It deserves to be mentioned to the credit of the natives, that Mr. Noble once left his little daughter, then eight years old, with them for the space of three or four weeks, while he was necessarily absent from the town, and on his return found she had been well treated and taken exceeding good care of. Another daughter of his, the late Mrs. Margaret Hine, who died here in the 93d year of her age, was then three years old, and the fact was fresh in her memory, as she had heard it while young, though she herself was not yet brought hither." In the following February a record was made: "The second lot on the Plain, at the South end of the hill, on the east side of the street at New Milford is Thomas Smith's, seven acres and a half, bounded south with John Noble's, the town street west, undivided land east, and with the next lot north, being sixty rods in length and twenty in breadth. Feb. 21, 1707-8." Mr. Noble did not settle on this lot for he had already built a house on the opposite side of the street further south. Tradition speaks of the hut where the daughter was cared for while her father was absent a short time, as an "Indian's hut"; but inasmuch as Indians seldom, if ever, build their huts in the side of a hill, certainly no others in New Milford, and since John Noble did this site now visible must be that of Mr. Noble's first house in the wilderness. It is a very gratifying fact that a copy of a letter written in 1796 by Sherman Boardman, son of the Rev. Daniel Boardman, is still preserved, for by it some dates and items of history are preserved which are nowhere else to be found. Some of this letter may be found in the Indian history part of this work, and that which relates to the first settler here is as follows: "An anecdote is related of John Noble the settler, who, when he first came to labor here, brought his little daughter Hannah, about eight or nine years old, to cook his victuals. He built a palisade (1) house at the foot of the hill where the Indian fort stood, where he lived with his little daughter some time, until some gentlemen came to him and requested him to pilot them through the woods to Albany, one hundred miles distant, when he left his little daughter in care of a squaw, fourteen miles from any white people, and was absent two or three weeks; when he returned he found her kept very neat and clean. Such was his confidence in the care and friendship of the Indians. This I have often heard her relate, as she was my School Dame. After this Mr. Noble removed to this side of the river and built a log-house, secured as a fort a great many years for the white people; as the Indians had a stockade fort on the west side. To either of these forts the people came for shelter in an alarm during Queen Anne's war. General Nicholson lodged in this house (which was the last house on this side of Albany) on his expediton to Wood Creek where he built Fort Ann." (1) A house secured as a fort. This second house of John Noble, Sen., stood on the site of the present dwelling of Col. Charles D. Blinn, and apparently must have been erected in the autumn of 1707 or spring of 1708, for, in the petition of the inhabitants to the General Assembly in October, 1711, it is said, "since the time of our first settlement, which is about three years;" and if this was true, then several of these twelve families took up their residence here in the spring or summer of 1708, and some of them erected their houses further north, or towards Albany, than was that of John Noble, Sen. In February, 1708, John Noble, Jr., was here and made a selection of his home lot. He did not come with his father at first, and hence, probably, did come with his mother and the family in the autumn of 1707; and if these conclusions are the truth, as they appear to be, then, also, the log-house of John Noble, Sen., was built in the autumn of 1707 or in the spring of 1708. How Mr. Noble made his way through the wilderness with his little daughter, at first, is unknown, but it is quite certain that it was with difficulty and persevering exertion. For sixty years there had been a path from Hartford to Farmington, and for twenty or more, from Farmington to Waterbury and Woodbury, and from the last place to New Milford there could have been only the uncertain and probably untraceable path of the Indian. There is something charming, however, in his bringing his little daughter with him into the deep wilderness. He left at home a family of nine children, if they were all still living, and one only a year old; but since, to a father in his absence from home, a daughter is a far better representative of home, although requiring more attention and care than a son, he brought with him his little daughter Sarah. What could she do, an eight-year-old child, in the great wilderness? Ah! she could make the wilderness seem like home to him, so that his heart would not fail him, while he should toil to build a habitation for those he had left behind. But it is said the little girl, came "to cook his victuals." What, a woman at eight years of age! No wonder that she became the "School Dame" of Sherman Boardman, twenty years later;—and very probably, the first school dame, or teacher, in the township. Romance has never painted a picture more perfectly true to the heart of a father, or to the charming bravery of a young daughter of only eight years, than is found in the history of the settlement of the first family in the beautiful township of New Milford. The second family that settled here was that of John Bostwick, according to the papers of the late Judge David S. Boardman. To secure the right of permanent homes, the early settlers of New England found two things important to be obtained, the authority of the state (in whatever form it might be) and the purchase of the right of the soil from the natives. These they generally attended to with great carefulness, and by repeated payments for the same territory, and these two items were completed for New Milford by a company of one hundred and nine persons from Milford. Situated on the shore of Long Island Sound, Milford (sometimes called " Old Milford " by way of distinction) had sent out several colonies to form plantations, or civil organizations, into the wilderness parts of the country. First, a number of her families removed to Stratford; next, ten men, as a company, purchased a. tract of land at Paugassett, afterwards named Derby, and made a settlement there; then another company established the plantation of Woodbury. Several families joined with a company from near Boston in the settlement of Setauket, Long Island; others became interested in and removed to a settlement in the state of Delaware in connection with the New Haven company, and finally the New Milford Company was organized, and the deed from the natives obtained. Several efforts had been made, previous to 1700, to establish a plantation in this part of the colony. In May, 1670, the General Court granted liberty to "Capt. Nathan Gould, Mr. Jehu and John Burr, to purchase Weantenock and the lands adjacent, of the Indians, to make a plantation if it be capable for such a thing," and a committee was appointed by the same authority. Soon after this a purchase was made of the Indians under this grant, of over 26,000 acres of land lying on both sides of the river, here at Weantinock, but nothing further was accomplished. This was the purchase wherein Col. John Read became interested. In 1675 the General Court sent a committee to see if the country here was large enough for two plantations, but no report of that committee has been seen. In 1677, "Scantamaug of Wyantenuck having made complaint of Henry Tomlinson buying land of theirs in a private way to their prejudice &c.," the General Court sent the case for a hearing to the Fairfield Court, which case was decided in favor of Mr. Tomlinson. Again, in 1678, the Court granted to "the Hon. Dept. Gov. Major Robert Treat with Mr. Bryan, Sen. or Junior, Capt. John Bird, Lt. Samuel Eells, liberty to view and buy convenient land for a plantation in those adjacent places about Potatuck, Weantenuck or thereabouts"; but this company made no purchase here. The next movement of which we learn, was that of the Milford people to whom the General Court gave liberty in May, 1702, and under which they made the purchase and the following deed was obtained: Indian Deed to the Proprietors of New Milford. This Deed of Sail bearing Date the Eighth Day of February in the year of our Lord one thousand Seven hundred and two or three Witnesseth that we Papetoppe, Rapiscotoo, Wampotoo, Hawwasues, Yoncomis, Shoopack, Parameshe, Nokopurrs, Paconaus, Wewinapouch, Do for ourselves and the rest of our friends the Indians Sole proprietors our heirs Executors, administrators and for and in consideration of Sixty pounds Current money of this Colony of Connecticut and Twenty pounds in Goods at money price to us in hand at and before the Ensealing and Delivery of these presents by Col. Robert Treat Mr. Thomas Clark, Ens. George Clark, Ens. Joseph Treat, Ens. Joseph Peck, Sergt. Jonathan Baldwin and Sargt. Timothy Baldwin in the behalf of the rest of the Proprietors or purchasers of Weantinock of Milford in the county of New Haven in the Colony of Connecticut in New England well and truly paid, the receipt whereof we do hereby acknowledge, and ourselves therewith fully satisfied and contented and thereof and every part thereof do acquit, exonerate and discharge the said Col. Robert Treat, Mr. Thomas Clark, Ens. George Clark, Ens. Joseph Peck, Ens. Joseph Treat, Sargt. Jonathan Baldwin and Sargt. Timothy Baldwin and all the rest of the above said purchasers of Weantenoque their heirs, executors administrators and assigns forever, by these presents Have Given Granted Bargained and sold alienated enfeoffed and confirmed and by these presents do fully, freely, clearly and absolutely give, grant Bargain sell, alienate, enfeoff and confirm unto the abovesaid Col. Robert Treat, Mr. Thomas Clark, Ens. George Clark, Ens. Joseph Treat, Ens. Joseph Peck, Sargt. Jonathan Baldwin and Sargt. Timothy Baldwin and the rest of the purchasers of Weantenoque abovesaid, heirs executors administrators and assigns forever: A Certain Tract of Land called Weeantenock with all and singular its Rights members and appurtenances together with all woods, waters, Stones, mines minerals, with all other privileges and appertenances thereunto belonging or in anywise appertaining according to the draught given of said land by the above named Indians; the abovesaid land being bounded easterly with woodbury bound, and a parallel line running northward and southward according to the draught above mentioned and is bounded westerly with the mountain as appears by said draught and Whomeseage a small Brook running into the Great river northwesterly [northeasterly] as appears by said draught, and from the abovesaid Brook at the northwest corner—the northernmost bounds runs to the eastward, to the parallel line above mentioned according to said draught and with Danbury Bounds southwesterly according to said draught, and Southeast with Woodbury bounds, all which said land with all the privileges and appurtenances thereunto belonging. The abovesaid Col. Robert Treat, Mr. Thomas Clark, Ens. George Clark, Ens. Joseph Treat, Ens. Joseph Peck, Sargt. Jonathan Baldwin and Sargt. Timothy Baldwin and the rest of the purchasers of Weantenoque abovesaid, their heirs executors administrators and assigns are to have and to hold forever; and further we the above named Indians do for ourselves and the rest of our Friends the Indians, Proprietors our heirs executors and administrators warrant and defend all the above named premises with their appurtenances and every part thereof unto the said Col. Robert Treat, Mr. Thomas Clark, Ens. George Clark, Ens. Joseph Treat, Ens. Joseph Peck, Sargt. Jonathan Baldwin and Sargt. Timothy Baldwin and the rest of the purchasers of Weantenoque abovesaid their heirs and assigns against all and every person and persons whatsoever any ways lawfully claiming or demanding the same or any part thereof. In witness whereof we the above named Indians have hereunto set our hands and seals the day and year above written. It is to be noted that the above named Indians do reserve for their u=>e their present planting field and a privilege of fishing at the Falls. Papetoppe his mark, Shoopack his mark, Rapiscotoo his mark, Wewinapouch his mark, Towwecomis his mark, Pocanus his mark, Wompotoo his mark, Paramethe his-mark, Nanhootoo his mark, Wewinapuck his mark, Hawwasues his mark, Chasqueneag his mark, Yoncomis his mark, Papiream his mark. Signed, sealed in presence of us John Minor, interpreter, allowed both by the English and the Indians, Ebenezer Johnson, John Durand, Tomoseete his mark, Nonawak his mark. Witnessed before Ebenezer Johnson, Justice of the peace of Derby. (1) Town Rec., vol. ix, 269. The original deed was deposited or recorded at Hartford in the State Records. Three, of the above Indian names are found attached to Indian deeds in Derby, and several of them as belonging to the deeds of Woodbury. By this deed is given the information that the Indians possessed a "draught"—that is, a drawing or outline map of the territory to be deeded—so that there should be no question as to the boundaries. It will be seen by a careful reading of these boundaries, as well as those of the town patent or charter, that New Milford was never any part of Woodbury, as many persons have heretofore supposed. The fact that this town was "bounded easterly with Woodbury bound," and that line an old one, precludes the above supposition, and concedes that it was territory wholly outside of any established plantation of town in the state. The Original Proprietors. It will be remembered that Milford had been settled sixty-three years when the New Milford purchase was made, and hence these proprietors were the children and grandchildren of the first settlers of that place and not the pilgrim settlers themselves. Nor did all of these proprietors settle in New Milford, for several of them sold their "Rights " before any settler took up his habitation here, as in the case of Mr. Fenn; and then followed a series of land, or real estate, speculations, which continued moderately to increase until about 1734, when a kind of land speculating epidemic prevailed throughout Connecticut, rising higher and higher through the issuing of paper money, until a little before 1760, when the English government stopped the making of Colony Bills, whereupon the paper money went to naught, nearly, and the whole business of land sales went down with a fearful crash. A List of the Names of the Original Purchasers and Proprietors of the Township of New Milford. £ s. d. 1 Colonel Robert Treat, 1 4 0 2 Mr. Thomas Clark, 1 4 0 3 Ens. George Clark, 1 4 0 4 Lieut. Joseph Treat, 1 4 0 5 Ens. Joseph Peck, 1 4 0 6 Jonathan Baldwin, 1 4 0 7 Capt. Samuel Eells, 1 4 0 8 Sergt. Edward Camp, 1 4 0 9 Rev. Mr. Andrew, 1 4 0 10 Thomas Weltch, 1 4 0 11 James Prime, 1 4 0 12 Stephen Miles, 1 4 0 13 Barnabas Baldwin, 1 4 0 14 John Woodruff, 1 4 0 15 Mr. Richard Bryan, 1 4 0 16 Daniel Terrill, 1 4 0 17 Samuel Brisco, 1 4 0 18 Timothy Botsford, 1 4 0 19 Sergt. Daniel Baldwin, 1 4 0 20 Mr. Robert Treat, 1 4 0 21 Mr. Robert Plum, 0 12 0 22 Deacon Platt, 1 4 0 23 Thomas Clark, 1 4 0 24 Mr. Samuel Clark, Jr., 1 4 0 25 Samuel Buckingham, 1 4 0 26 Thomas Buckingham, 1 4 0 27 John Buckingham, 1 4 0 28 William Wheeler, 1 4 0 29 Nathaniel Farrand, Sen., 1 4 0 30 George Allen, 1 4 0 31 Samuel Camp, mason, 1 4 0 32 John Smith ye 4th, 1 4 0 33 Samuel Clark, Sen., 1 4 0 34 Ephraim Harwell, 1 4 0 35 Joseph Beard, 1 4 0 36 Joseph Camp, 1 4 0 37 Samuel Camp, Lanesend, 1 4 0 38 Nathaniel Farrand, Jr., 1 4 0 39 Thomas Tibballs, 1 4 0 40 Thomas Canfield, 1 4 0 41 John Merwin, 1 4 0 42 Samnel Smith, West end, 1 4 0 43 William Gold, 1 4 0 44 Joseph Wheeler, 1 4 0 45 Job Prince, 1 4 0 46 Andrew Samford, 0 12 0 47 Samuel Camp, son of Edward Camp 1 4 0 48 Eleazer Prindle, 1 4 0 49 Lieut. Camp, 1 4 0 50 William Scone, 1 4 0 51 Widow Mary Baldwin, 0 12 0 52 James Baldwin, 0 12 0 53 Nathaniel Baldwin, cooper, 0 12 0 54 Samuel Baldwin, wheelwright, 1 4 0 55 Lieut. Joseph Platt, 1 4 0 56 Sergt. Miles Merwin, 1 4 0 57 Samuel Samford, Sen., 1 4 0 58 John Beard, 1 4 0 59 Mr. Samuel Andrew, Sen., 1 4 0 60 George Clark, Sen., 1 4 0 61 Joseph Clarke, 1 4 0 62 Joseph Peck, Jr., 1 4 0 63 John Camp, 1 4 0 64 Sergt. John Smith, 1 4 0 65 Jonathan Law, Jr., 1 4 0 66 John Allen, 1 4 0 67 Hugh Grey, 1 4 0 68 Joseph Ashburn, 1 4 0 69 John Summers, 0 12 0 70 James Fenn, 1 4 0 71 Zechariah Whitman, 1 4 0 72 William Adams, 1 4 0 73 Joseph Rogers, 1 4 0 74 Samuel Stone, 1 4 0 75 Jonathan Baldwin, Jr., 1 4 0 76 Jesse Lambert, 1 4 0 77 Samuel Prudden, 1 4 0 78 Henry Summers, 0 12 0 79 Samuel Smith Walter, 0 12 0 80 Sergt. Zechariah Baldwin, 1 4 0 81 Benjamin Smith, Sen., 1 4 0 82 John Clark, 0 12 0 83 John Smith, Jr., 1 4 0 84 John Platt, 1 4 0 85 Josiah Platt, 1 4 0 86 Richard Platt, 1 4 0 87 William Fowler, 1 4 0 88 Samuel Prindle, 0 12 0 89 Sergt. Samuel Beard, 1 4 0 90 Sergt. Samuel Northrop, 1 4 0 91 George Clarke, Jr., 1 4 0 92 Samuel Coley, 1 4 0 93 Samuel Merwin, 1 4 0 94 Lieut, Samuel Burwell, 1 4 0 95 Samuel Miles, 1 4 0 96 James Beard, 1 4 0 97 Samuel Nettleton, 1 4 0 98 Joseph Treat, son of Lieut Treat, 1 4 0 99 Jeremiah Canfield, 1 4 0 100 Thomas Smith, 1 4 0 101 Nathaniel Baldwin, Sen., 1 4 0 102 Jeremiah Beard, 1 4 0 103 Bethel Lankstaff, 1 4 0 104 Andrew Samford, Jr., 1 4 0 105 Nath. Samford, 1 4 0 106 John Merwin, Jr., 1 4 0 107 Joseph Tibbals, 1 4 0 108 Billin Baldwin, in Right of her father, Sergt. Timothy Baldwin, late of Milford, deceased, 1 4 0 109 Mr. Samuel Mather, 1 4 0 Those whose names are above written are the Associates, Purchasers, and Proprietors of Newmilford, and the sums annexed to their names, their Right of Purchase acknowledged by us whose names are in the Patent for said Newmilford. Dated in Milford, April, 1706. ROBERT TREAT. Sen., THOMAS CLARKE, Sen., GEORGE CLARKE, JOSEPH TREAT, JOSEPH PECK, JONATHAN BALDWIN. Recorded by me, JONATHAN LAW, Register of Newmilford. The territory of the plantation, with all its interests and values, was divided into one hundred and four parts or shares, and the payment of twenty-four shillings secured one share. The number of proprietors was one hundred and nine, for although ten of them owned but half of what was called a "whole Right," yet such owners were proprietors. In the deeds given for these Rights during many years afterwards, reference was frequently made to the original proprietors or Rights. The money thus secured amounted to £124 16s; the sum paid to the Indians for the land was £80, and the remainder of the money, with the territory, constituted the capital stock with which to begin the enterprise of settling a new "Plantation," for until 1712 it was only a plantation, and not a town. The "Patent," which was the Legislative title to the land, was granted by the General Court on the 22d day of October, 1703. It soon became evident that the proprietors had made a mistake in allowing the natives to reserve the Indian field, and they made haste to secure it by the following deed: The Second Indian Deed. Be it known unto all men by these presents, bearing ye 29th of August, 1705, that I, Shamenunckqus, alias Bapistoo; ye absolute proprietor to the fields at Weantanuck that was a late purchase made by honorable gentlemen of Milford, reserved for ye Indians improvement until a further purchase of the same should be made at known boundaries both by Indians and English, be it more or less, I say, for a valuable consideration in hand received, or satisfying security for the same, have sold, alienated, given, granted, and by these presents do sell, give, grant, and fully confirm unto Ens. John Mitchell, of Woodbury, in the county of Fairfield, and Her Majesty's colony of Connecticut, I say, to him, the said John Mitchell, his heirs and assigns, all ye said planting land, meadow, or low land sometimes reserved as aforesaid, being bounded with the river easterly and northerly; and westerly and southerly with ye said gentlemen's purchase with the steep bank southerly from the burying place upon the bank, to a sharp angle southerly at ye river and from the said burying-place, taking in the plain where the Indians' fort formerly stood, to the river at a marked elm tree, all which, excepting ye apple trees on it, with all ye privileges, conveniences, and appertenances thereunto belonging, by ye said Mitchell, his heirs and assigns, peaceably to have, hold, enjoy, and improve without molestation, let, or hindrance from any person or persons whatsoever from ye day of ye date hereof forever; declaring the said premises to be free from all mortgages, sales, or claims at this date, and promising from time to time and at all times to acknowledge that thus I have sold and disposed of the same, and farther to confirm the same to all intents, ends, and purposes, as if a more full and ample bill of sale had been drawn for the same, or shall by the said John Mitchell, or his advice or counsel, be apprehended necessary and convenient for further confirmation and assurance of ye said bargained premises. Witness my hand and seal this twenty-ninth of August, seventeen hundred and five. Shamenunckqus his mark. Chesquaneag his mark. Whemut his mark. Papetopo, alias Pompkinseds. Witnessed by us subscribers, and sealed in our presence: John Minor, Interpreter. Ephraim Minor. This instrument was acknowledged by the Indian and Indians subscribing at the same time of the subsealing, before me, in Woodbury. John Minor, Justice. The names of several Indians that subscribed hereto to the deed on the other side where not being room subscribe here, viz.: Wannuppe his mark. Cuttouckes his mark. Mantooes his mother's mark. Papetapo, his squaw's her mark. Younggam's squaw her mark. Joman his mark. Appacoco his mark. Poquanow his mark. Yongans his mark. This land was deeded to the inhabitants of the town Jan. 14, 1714, by Mr. Mitchell. After some years it became a question whether the Indians in this deed surrendered all the land reserved in the first deed, and the matter appears to have been settled by two persons, who were doubtless witnesses in some way to the boundary lines contained in the first deed. Their testimony was the following: Boundaries of the Indian Field. "NEW MILFORD, JUNE 6, 1715. John Minor sen., and John Mitchell sen., both of lawful age to give in evidence, being desired to give testimony to what land Oweantanack Indians reserved for themselves when they sold land to the gentlemen of Milford; we say yt ye Indians reserved their formerly planting field, bounded easterly by the great river, and bounded westerly, beginning at a young elm tree standing by the riverside-about thirty or forty rods above the then common ferry place, and so running southward, taking in the place where their fort stood upon the steep bank, and so continuing, till they took in their then burying-place: and from thence south easterly, rounding as the steep bank goes, till it comes to the great river comprising all the lowland within this bounds, and ye land within this bounds was not purchased from the Indians by Milford gentlemen in their generall purchase. The truth of the above written evidence was sworn unto on the third day of April, 1713, in Woodbury before me. JOHN SHERMAN, Justice of the Peace" The only reservation made in the first deed, was in the following words: "It is to be noted that the above named Indians do reserve for their use their present planting field, and a privilege of fishing at the Falls." It appears to have been settled by the testimony of John Minor, sen., and John Mitchell, sen., that the Indians retained nothing after 1705, but the right of fishing at the Falls; and this right they have never as yet sold, and so late as within the memory of many now living, this was conceded by the white people, who, while fishing at the Falls, gave precedence to the Indians who came to fish; and they reserved "ye apple trees." Oct., 1706. Col. Robert Treat with other persons, having purchased a tract of land called Wiantonoque, which tract of land is made a town by letters patents from the governor and company, dated October the 22d, 1703, and named New Milford, but not yet annexed to any countie. This Assembly sees cause to annex the same to the county of New Haven. The word "town" in the above act is the wrong word, since the place was only made a "plantation," or the privilege granted of making a settlement. A "patent," as it was called, was a legislative act, conferring the right of the soil, and possessed only the nature of a deed. These patents, however, were regarded as of the utmost importance, the people fearing that without them, their farms and homes might be taken from them or they compelled to pay for them several times. The following regulations were established in regard to the division of the land among the owners. First Meeting of the Proprietors. At a meeting of the Purchasers and Proprietors of New Milford, held at Milford, April 17th, 1706, Jonathan Law Jr., was chosen clerk, and he was sworn. Agreed and voted, that the town plat and home-lots of New Milford shall be speedily pitched and laid out by the committee chosen, and established by the General Court according to, and by the rules and orders that the proprietors shall agree upon and prescribe for their direction. That the committee having taken the best advice they can of Woodbury men, to pitch the town plat according to their best judgment That the home lots be laid out hi quantity as they shall judge most commodious and agreeable to the circumstances of the place. That there be but two ranks or sorts of lots, one a four-and-twenty shilling lot, and the other a twelve shilling lot, and that all the lots be laid out in twelve shilling lots. That what is wanting in the quality of the land in the several lots, be made up in quantity. [This was afterwards called "sizing."] That there be two twenty-four shilling lots, more than the number of the proprietors, laid out for the use of the proprietors, to be disposed of by two-third parts of the proprietors. That those only who first "go to settle there at New Milford shall draw lots, and they shall take their lots together, and they shall have liberty to begin where they please, and they that come afterwards either by themselves or assigns, shall take their lots as they come to settle there, next lot to him that went before him; he that hath a four-and-twenty shilling right to take the two next lots lying together. In accordance with these rules the "Town-plat" as it was called, was laid out on Aspetuck Hill, consisting of a "Town street, and sixteen Home lots." These lots being twenty-one rods wide and sixty long, were to be taken up in regular order as the settlers came to reside here; and hence John Noble took number one on the east side of the street "at the south end of the hill," but which was not recorded to him until five years later. John Bostwick took the first lot on the west side of the street, he being the second settler here. The other lots were recorded to different individuals soon after they were laid out, but almost immediately changes began to be made. Mr. Griswold informs us in his sermon, that it was originally intended to lay the town-plat on the hill east of the present village, and for that reason that eminence was called Town Hill. Such was the beginning of the plantation in the wilderness, which was to have a very large share in the history of the enterprising State of Connecticut. It seems now to have been so long ago, and the traces of its incipiency are so thoroughly removed, that the representation, although taken directly from the records in the town books, can scarcely be believed. There is not a chimney or cellar-place left, to mark the site of any one of the dwellings originally built on the town-plat; nothing but the well of the Rev. Daniel Boardman has resisted the changes of one hundred and seventy years. In speaking of the various "Divisions," the proprietors called the one of seven and a half acres (the home-lots), the first division., and the next one of ten acres, the second division; and hence they numbered fourteen divisions, amounting in the aggregate to each proprietor to the quantity of three hundred and fifty-seven and a half acres, all secured originally for the outlay of twenty-four shillings. Col. Elisha Bostwick, as Town Clerk, wrote the following: The several divisions of land granted to a right are as follows:— December 6, 1707. Granted 7 1/2 acres, called a home-lot. December 9, 1707. Granted 10 acres, for a pasture. May 29, 1712. Granted 40 acres, and the same day 40 acres more. March 12, 1723-4. Granted 20 acres, and the same day 10 acres more. November 6, 1726. Granted 50 acres. March 18, 1729-30. Granted 40 acres. March 20, 1732-3. Granted 25 acres. December 9, 1734. Granted 40 acres, 8th. March 29, 1748. Granted 15 acres, gth. April 10, 1749. Granted 10 acres, loth. January 8, 1755. Granted 20 acres being called the 11th division. November 20, 1760. Granted 10 acres. September 13, 1790. Granted 10 acres, 13th division. April 19, 1802. Granted 10 acres, 14th division. Total of acres granted to each right, 357 1/2. A resolution was passed by the proprietors to defend the actual settlers from any persons who might present claims to any of the territory of New Milford, and the matter assumed serious proportions in a suit in the law,—the New Milford proprietors standing on the defensive under their charter or "patent." This difficulty grew out of the grant made to the Stratford people in 1670, to settle a plantation at this place under which they had made a purchase of lands from the Indians, and therefore had some reason in the claim which they brought against the New Milford company. The first intimation of this difficulty is in the following record: At a meeting of the Proprietors of New Milford, held at Milford, June 25, 1706. Agreed and Voted that Capt. Samuel Eells and Johnathan Law, Jr., be our Lawful attorneys to assert and defend our Rights & Titles at the place and within the bounds of New Milford, in our names & stead to sue, eject, & prosecute any person or persons that have, do, or shall molest, trouble, trespass, or in any way Interfere upon our Rights or interest within the bounds of New Milford aforesaid, and that we do hereby impower Lieut. Governor Treat & Thomas Clark, Esqr., who are of our Committee or either of them to sign, seal, & deliver a Letter of Attorney in our behalf & in our names for that end. Entered by me, JONATHAN LAW, Register. This enactment was followed by the vote just referred to (of Dec. 9, 1707), and then again as follows: "March, 1708. Voted that there be a rate made for carrying on the case in law commenced against us." Then in the next December they sent Mr. Samuel Clarke, Jr., Ens. Joseph Peck and Jonathan Law " to treat with the Stratford men about the lands which they claim of New Milford, and to agree with them fully and finally," but they did not succeed, for in December, 1709, they voted " that the power of the committee for agreement with Mr. Read and his partners be continued, and that the matter respecting New Milford be still prosecuted in the law by our former attorneys in case the committee agree not." This Mr. Reed was the same as Mr. Griswold calls Col. John Read, who was once a candidate for the ministry here, and who preached the first sermon here, whose house, after his removal, was used for a time as a meeting-house, and near which the first meeting-house was built. Mr. Griswold says: "After he (Mr. Read) left the town, his house, which stood near where the present town house stands, was used as a place of worship for some years." COL. JOHN READ'S CLAIM. All the facts concerning Mr. John Read have not been learned, but a petition of his to the General Assembly has been found, and some other items obtained. He is said to have been a graduate of Harvard College; a candidate for settlement as a minister at Woodbury, but afterwards studied law and became one of the most eminent lawyers of his day in the vicinity of Boston. He was the prosecuting attorney in the first law-suit that ever occurred in regard to New Milford people or possessions, as will hereafter be seen; and his history has been the subject of much research throughout New England. It appears that during the pending of his suit, from May, 1708, to 1710 or 11, he built a house in New Milford and resided here some of that time. Immediately after the committee laid out the "Town-Plat" in New Milford, Mr. Read sued them for trespass, which, being tried in the County Court, was carried to the General Court, i. e., the Governor and his assistants. The following is the record of the case in a book of Land Records at Hartford: Mr. John Read, Richard Blackleach, Daniel Shelton, and Agur Tomlinson, all of Stratford, (by appeal from the judgment of the County Court, held at New Haven the third Tuesday of March last past,) are plaintiffs—Contra, Capt. Samuel Eells, Joseph Treat, Joseph Peck, and Edward Camp, all of Milford, defendants, in an action of plea of Trespass, for that they, the said Samuel Eells, Joseph Treat, Joseph Peck, and Edward Camp, did some time near the latter end of November last past, divide and lay out to several persons of Milford aforesaid (under pretence of being a committee by the Honbl. Genl. Court some years since appointed for the conducting those of Milford Town who should settle that tract of land at Wianti-nock which belongs to several the inhabitants of Milford aforesaid, as of said inhabitants, and in the name of them all) certain of said Read's, Shelton's, and Tomlin-son's land, lying two miles above Goodyear's Island, commonly so called, at Wiantinock. on the east side of Wiantinock great River, within a mile of the great River, against and above the mouth of Aspetuck brook in Wiantinock aforesaid, which is to the damage of the said John Read, Blackleach, Shelton and Tomlinson the sum of thirty-eight shillings, with other damages. The Plaintiffs and Defendants before this court agreed to plead and join issue, upon the Tittle of the said land—and made their pleas—and the case was committed to the jury. In this action the jury find for the Plaintiffs, the Land in controversy and costs of courts. At a General Court May 7, 1708. May 8, 1708. The jury were put upon a second consideration of this case of John Read and Capt. Samuel Eells, the finding being the same. Again on the eleventh of May of the same year, and also in the next October, did the jury render the same decision, only they made the damages "treble with costs." Mr. Read informs us that after gaining his case fifteen times in court, he lost it on the sixteenth, and became discouraged and gave up the claim at last, and sent a letter to the General Assembly, as follows: Col. John Read's Petition. To ye Coll. Genll. Assembly at New Haven Oct. A. D. 1710. May it please ye Honbl. Court: Misfortune in my adventures have undone me utterly; for as I tho't, with a prudent foresight, I purchased abt twenty thousand acres of land at Wiantenock, parcell of a purchase obtained thirty-nine,—recorded 37 years past, last Genll. Court time in May in Colony records; had spent much to settle and defend it; settled some inhabitants with me yr after I had tryed the tittle and recorded; finally agst home pretenders to it by a late patt’t, sixteen times I have been to Court and had tryalls about it, ever gained finally till ye last Court Assistants wherein I lost finally and am utterly discouraged and broken; finding two things, first yt I am not able to maintain suits forever, yt Indian tittles are grown into utter contempt, yt as the times are I must fall—these things make me weary of the world. Wherefore I pray, seeing I nor my father have had one foot of land by division or grant of Town or County, tho' spending all our days in it: that I may have liberty if I can find a place in the Colony (wch I know not yet) not granted to, nor purchased by any, yt by your allowance I may purchase it, and settle it with some others, my friends, where, in obscurity, we may get a poor living, and pray for your health & prosperity with great content. JNO READ. Upon this petition the following action was taken: This Assembly being informed that there is a tract of land within this colony, lying and bounded, westerly on the province of New York, easterly with Stratford Ferry River, southerly partly with the town granted and called New Milford, and partly with land granted to several gents., of Fairfield, and northerly with the said river and the land of the said colony, which tract of land may be likely whereon to settle a town: This Court do therefore grant and allow that a town shall be settled and planted there of the extent and bigness of eight miles square .... or equivalent thereunto, and do impower, order, and appoint the Hon. Nathan Gold, Esq., John Chester, and John Ailing Esq., Major Joseph Talcott, and Mr. John Read, or any three of them a committee to survey and lay out a town in the place aforesaid, of the quantity and bounds as aforesaid, and to make return to this Assembly in Oct., 1711. The deed by which Mr. Read and his associates claimed possessions in New Milford, was given by the Indians as follows, recorded in Stratford: Be it known to all Christian people, Indians, and others whom it may concern, that I Pocono, and Ringo, and Quoconoco, and Whimta, who are right owners of one Island in the great river Oantenock, where Mr. Goodyear had a trading-house, and also the lands on both sides of the river, we do by this present writing grant . . . unto Henry Tomlinson of Stratford, the above mentioned island and the land on both sides of the river, three miles down the river southeast, and the land on both sides of the river upward northwest, which amounts to seven miles in length, and accordingly of each side of the river three miles in breadth, which amounts to six miles in breadth; all which tract of land and island, to have . . . we confess to have received one piece of cloth and other good pay to our satisfaction, April 25, 1671. Hence this deed was given to Stratford people the next year after permission was granted to them by the General Court, to buy land at this place and settle a plantation. The tract contained over twenty-six thousand acres; was much larger than the first purchase at Milford or Derby, and was to all appearance an honest transaction. Mr. Read says he with others did make a settlement on this land, which statement explains some things not otherwise accounted for. When the first land was laid out by the New Milford settlers, at or near Gallows Hill, there was the name "Gallows Hill,"—a name given to the locality, years before. How came it there? Certainly not by the Indians. It is said a man was hung on that hill. But when? Certainly by English people after some settlement had been made, nearer than Danbury or Derby. Who was hung there? Again at the same place in laying land, at first, a portion of the land is called " Dibble's Meadow." Here then was one of Mr. Read's settlers, Mr. Dibble, from whom the meadow took its name. An Indian deed has been seen in the Land Records at Hartford, showing that Mr. Reed made a purchase of land of Mauwehu and others, at the mouth of Ten Mile river, as follows: We, Maweho, Tom Cuckson, James, Watau, Coness, Indians, all of Scaticook . . . . sell to John Read 200 acres of land on Stratford river at a place called Sassucksuck, northward from the place where the Ten Mile river falls into the Great river. Maweho his mark. Tom Cuckson his mark. James his mark. Watau his mark. July 17th, 1741. Witnessed before Roger Brownson, Justice of Peace. This land Mr. Read traded with an Indian called Chickens, for 100 acres in Fairfield. John Weller one of the first settlers. John Weller from Springfield, Mass., was one of the first settlers, and came here probably in 1708, and the following agreement which he made with Thomas Smith, who owned at the time the second lot on the Town Street, east side, illustrates a little the methods and work of making a settlement in the wilderness. Mr. Weller, soon after this agreement, sold his lease and removed to another lot further north. Articles of agreement between Thomas Smith of Milford, weaver and John Weller of New Milford. 1. That ye sd Weller, his heirs, Exrs, and Admrs shall quietly and peaceably enjoy ye sd Smith's right in ye tract of land lying within ye bounds of sd New Milford, for ye full space or term of twelve years after ye date hereof. 2. That ye sd Smith shall procure an hundred and fifty apple trees at Woodbury for ye sa Weller to plant on ye land aforementioned. 3. That ye sd Smith shall bear and discharge one-half of ye charge at law, if occasion require for defence of ye sd right. 4. The said Smith or his heirs, shall make sufficient and effectual conveyances in ye law, of one-half of ye Right or land aforesaid, at ye end of ye sd twelve years to sd Weller and his heirs forever; and that all ye buildings ye said Weller hath, or hereafter shall erect upon ye sd land, shall be contained in ye sd conveyances. 4. [sic] The sd Weller shall plant ye sd trees on s° land, pay all charges that shall arise upon sd Right or land, excepting only what is mentioned in ye sd articles and at ye end of ye sd term, quietly and peaceably surrender ye one-half ye sd Right or land unto ye sd Smith, his heirs or assigns. 'For the true performance' of these articles, they each bound themselves in the sum of one hundred pounds money. Dated Dec. 28, 1710. Thus far the settlement at New Milford had been only a plantation, under the jurisdiction of New Haven County, and attached to the Derby or Woodbury Ecclesiastical Society, but with no separate rights as a town. Therefore, when their numbers had increased so that a petition would have force from the fact of numbers, as well as need, they laid their case before the General Assembly, (which body had taken the place of the General Court, by legislative enactment in 1698,) in the following petition. To the honbl genl Court or Assembly now sitting in New Haven:—The inhabitants of New Milford, being twelve families and about 70 souls, having since ye time of our first settlement, which is about three years, been without ye advantages of ye ministry of ye gospel, and of themselves as [un]able to give necessary encouragement thereto, humbly apply themselves to your honours for relief therein, and for that end your humble petitioners put into a capacity to levy the same, or that your honors would contrive some other way for ye health of our souls, as in your wisdom shall be thought meet, and your humble petitioners shall ever pray for your honor's prosperity. Dated in New Milford, October 17th, 1711. John Noble, Sen. Samuel Prindle. John Bostwick, Sen. John Bostwick, Jr. Benjamin Bostwick, Sen. Zachariah Ferriss. John Noble, Jr. Roger Brownson. Isaiah Bartlet. John Weller. Samuel Brownson. Thomas Weller. Additional Comments: Extracted from: HISTORY OF THE TOWNS OF NEW MILFORD AND BRIDGEWATER, CONNECTICUT, 1703-1882, BY SAMUEL ORCUTT AUTHOR OF THE HISTORIES OF TORRINGTON, WOLCOTT, AND DERBY, AND THE INDIANS OF THE HOUSATONIC AND NAUGATUCK VALLEYS, CONNECTICUT. HARTFORD, CONN.: PRESS OF THE CASE, LOCKWOOD AND BRAINARD COMPANY. File at -- http://files.usgwarchives.net/ct/litchfield/history/1882/historyo/plantati7gms.txt This file has been created by a form at http://www.genrecords.org/ctfiles/ File size: 50.7 Kb