Difference betwen Branford and New-Haven. 31

1706, John and Abraham Heminway, and John Marsh, jointly, erected a fulling mill in 1709, on the premises.

In 1684 it was contemplated to build a saw-mill on the first spring. That plan was relinquished, and one was built on Claypit brook, below Danforth's swamp, which was abandoned many years ago.

CHAP. IV.

The General History of the town continued-the half mile obtained-divisions of land-town Charters, &c.

A NEGOCIATION had been carried on with Branford, concerning land that lay within their bounds, that they had not paid for, and that New-Haven had granted to the village. Branford, finally, promised them land. But the execution of that promise was delayed; the village grew impatient and and passed the following order:

"At a formal meeting of the village, 15th Feb. 1681, it was propounded that we might choose men to treat with Branford about the land in their bounds that was given to us and is now in contention. After some debate it was ordered and appointed, that John Potter, Samuel Heminway, John Thompson, Nathaniel Hitchcock, Alling Ball, jun. and Matthew Moulthrop, them or any four of them were empow ered to treat that matter with our friends of Branford as to land or line, and finish it."

This vote was predicated on a grant from New-Haven in Dec. 1679 as follows, viz.:-" For the Quinipiack land now within the town of Branford, and was at first bought by us, and never payed for by Branford to us, that the Towne would grant unto them our right, the better to enable them to treat with Branford for enlargement on the purchase money due, with the consideration that New-Haven hath been long out of purse."

The same month that the village passed the before-mentioned vote, Branford acted on the subject thus:

"Whereas there is a difference between the Towne of Branford and the Ironworke farmers (or inhabitants of NewHaven) concerning the propriety of lands in Branford bounds. At a Towne meeting in Branford, Feb. 1681, the Towne have unanimously agreed to leave the case depen

32

Difference between Branford and New-Haven.

ding to a Committee. And the Towne have made choice of and appointed Mr. William Rosewell, Mr. Edward Barker, Thomas Harrison, William Hoadly, and Eleazer Stent, a Committee for the issue of the case aforesaid, and they do give them full power, in the behalf of the Towne, either by composition with the farmers, (or New-Haven inhabitants) or to manage the said case at General Court, either by themselves, or any other attorney or attorneys, as they see cause, and to be at what charge they cause in the management thereof. They do also desire and appoint the said Committee, to take into their custody whatsoever writings or conveyances, may be had (or copies of them) that concern the Towne. And do engage to reimburse what charges the committee shall be at in the whole case."

But as an attempt to settle the controversy failed, the Village proceeded to the use of some high-toned language on the subject, which was met by Branford in the annexed resolution:

"Whereas the Ironworke farmers have given us notice that if we do not grant them land, then they will run a line in our bounds. At a Towne meeting in Branford, 8th July, 1681; the inhabitants of the Towne did answer and declare by vote that the farmers have no right to do with the running of any line or lines in our bounds, or within our Township, and, therefore, do protest against any such proceeding, as an invasion of our just rights and privileges, and further do forbid them or any of them to enter upon our Towne bounds with any such design, if they do, be it at their peril."

The case was brought before the General Court the next fall, and that body adopted some measures to promote an adjustment of their difficulties.

"At a General Court held at Hartford, 13th Oct. 1681. "Whereas there is a difference between Branford and the farmers on the East side, about the line between New-Haven and sayd Branford, or New-Haven purchase of the Indians, this Court do request the Deputy Governor, and Mr. Andrew Leete, and Mr. Samuel Eales to take some pains to examine the case, and to endeavour an accommodation between them, and if they cannot attayn an issue, they are to make report how they find it to the next Court, where both parties are to attend for issue, and the sayd Towne of Branford, and the farmers, are to attend to this affayre, when they shall be appointed by the Deputy Governor; they, viz. the Committee, are also to consider

whether there be any obligation that doth lie upon New-Haven, that doth hinder this people from building a Dick at the East side or South-end."-[Col. Rec.]

This arrangement of the General Court had a happy effect. The parties came to a settlement of their difficulties, and Branford gave the village a deed, dated 8th May, 1682, for that tract of land called the half-mile, in which it was stipulated, that "the line shall run and be as formerly, from the sea to the head of the Furnace pond," &c. as it is described in the bounds already mentioned.

The 9th May, in behalf of the Village, Samuel Heminway, James Denison, John Potter, Matthew Moulthrop, John Thompson, and Nathaniel Hitchcock, gave a quitclaim to Branford, for lands within their bounds. The Committee appointed by the General Court reported their proceedings, which, by a formal vote, were accepted and ratified.

"Hartford, May, 1682. The Gentlemen of New-Haven and Branford had agreed about the purchase of their lands which they were appoynted by the Court to issue; and Major Treat, William Leete, and Mr. Eales were desired to assist them in, Oct. last."-[Col. Rec.]

After the Village had obtained their Village grant from the General Court to become a society, they proceeded to transact local business, separately from the town of New-Haven. They seem to have apprehended that their Parish grant invol ved some authority for the choice of Village officers, and for the laying out and disposing of land within their Parish bounds. This course brought upon themselves and New-Haven a long scene of confusion and trouble, and not a little expense.

17th Jan. 1683. The Village granted to Deacon John Chedsey 3 acres on the north side of the green, for a home lot.

And also one acre to Joseph, son of Ralph Russel, next to Stoney river, which he soon sold to John Potter, and John Potter the same day conveyed it to Isaac Bradley, on which he built his house. They also granted home lots to Thomas Pinion, John Luddington, James Taylor, and William Roberts, between the road that goes to Alling Ball's farm and the highway that leads to the fresh meadows. And it was confirmed by the town.

"At a meeting of the Village, 19th March, 1683, it is agreed by vote that in laying out the third division we will follow the method of New-Haven, viz. 20 acres for each hundred pounds in the list, and 4 acres to each child, and 20 acres to each family, tho' their heads and estates do not amount thereunto." And under date 26th Nov. 1683, "It

was agreed to lay out the one half of said third division upon Stoney river, and the other half where it will be most convenient; and begin the lots as to their order upon the land next to the five men's land at Foxon. John Potter and Matthew Moulthrop were appointed to lay out the lots, and John Thompson and Nathaniel Hitchcock were sizers."

After the arrangements for the third division were made, they voted to lay out the third division, "by the list of the estates we give in to the payment of the minister this present year, with the addition of our persons' heads, not there given in, because not rated, but here to be added, as in the following list alphabetically arranged."

Matthew Moulthrop and Eliakim Hitchcock, according to appointment, made out the list as follows:

Joseph Abbot

Polls 1 List £16 10 0

*20 acres.

John Austin

Alling Ball

Alling Ball, jun.

† John Chedsey drew, but his estate not being all listed, the quantity of land is not mentioned. *These five had their land at Foxon.

With this small population, and with this small property, they supported a minister of the Gospel about four years.

"On the 26th Nov. 1682, the Village appointed M. Moulthrop, John Potter, John Thompson and Samuel Heminway, to revise the Village Records, and to select such as were useful to be preserved, and draw them up according to law. At a meeting 22d Jan. following, the Committee presented and read what they judged needful to stand upon record, which was approved and accepted by Vote, and the whole to be entered on their Ledger." Samuel Heminway was appointed Clerk. He was a neat, handsome

man.

pen

Their public expenses, and some other embarrassments, were so great, that some began to cherish the idea that they should not be able to proceed, and especially as their crops had recently failed. They therefore took a vote, 29th March, 1684," whether they should go forward in building up the Village." Nineteen men being present, they all voted to proceed.

At this meeting John Thompson, Matthew Moulthrop, and Samuel Heminway were chosen selectmen. And in August, John Thompson and Samuel Heminway were chosen collectors of rates, and George Pardee constable. And they continued to choose Village officers, and presented them to New-Haven for confirmation.

The proceedings of the Village in dividing land, gave offence to New-Haven, and they appointed a Committee to confer with the Village on the subject. The Village also appointed a Committee, to go to New-Haven and inform their Committee of all their proceedings.

But in 1685, they appear to have relinquished their Village privileges, and returned to their former connection with New-Haven; for about this time they requested New-Hawen to furnish them with a further division of land, which was referred to a special Committee, whose report was accepted and recorded, as follows:

"In answer to the inhabitants of New-Haven, the Committee appointed by the Towne to consider their proposals about the third division, order as followeth :

"1. That in laying out the remainder of the third division, not yet taken up by the said inhabitants, being approved planters, it be laid out to them in quantity according to the list of estates in 1679, by appointed sizers, and Enos Tamadge for the Towne.