"2. That the grants which have been made by the late Village Company to any of them, having a right to the third division as aforesaid, be accounted as part of such remainder of third division, except eight acres granted and laid out as appendix to the Mill.

"3. That they lay out the said remainder upon and out of the half mile of lands, or addition from Branford, as far as their granted bounds, provided that they lay it out as to others of the Towne, viz. one half mile in depth, and lying together, and not in particular tracts or parcels; and if there be not enough found there, then to make up their quantity elsewhere within the bounds formerly granted, provided, that the Towne commons, as formerly appointed, be stated by the now appointed sizers and surveyors, who are to view and lay out the said proportions of third division, and the remainder for commons.

"4. As to the grants of land made to sundry particular persons by the East side inhabitants, we see not cause at present to confirm; but before we so do, we expect that now, having laid down the Village designs, and being returned to their former station for power and privilege with ourselves as one plantation, that they plainly declare themselves in so doing without reservation, not to go off from us when they please, or judge themselves in a capacity for it without the Towne's approbation in that case.

"5. We appoint Mr. Bishop, Capt. Mansfield, and Tho-mas Kimberly sizers, and Enos Tamadge surveyor: and at the charge of the East side inhabitants; and we desire their answer to these premises in writing under their hands." [N. H. Rec.]

I cannot find any reply to these resolutions; but from this time their affairs seem to have proceeded without any partìcular controversy, until 1703, when the Village moved to resume their Village grant of 1680. The Village bore their proportion of town and colony charges, and endured great hardships and dangers, in attending public worship at NewHaven. After the termination of King Philip's war, the Indians were frequently in a state of commotion. Some powerful tribes that were under the influence of the French in Canada, frequently assumed a hostile attitude. In 1689, the town prepared a flying army, which stood ready to march at a moment's warning. A patrol of four horsemen was continually scouring the woods. And all the militia were obliged to carry their arms with them to public worship, pre

pared for battle. The Indians near the Village were sometimes employed as scouting parties, and in other respects as useful auxiliaries. The following anecdote received from the oldest man now living in the town, and received by him from his father, may be worth preserving:

A friendly Indian warrior was requested to act as centinel in the Gap, north of Mullen hill. He consented, and for this purpose borrowed Mr. Heminway's gun, and was assured it was well loaded. Without examination, he took the gun and repaired to his post. He soon perceived two enemy Indians descending into the valley from the Pond Rock, and advancing toward the Gap. They passed him, and when he had them in range, intending to kill both at one shot, he attempted to fire, but his gun only flashed, for it was not charged. The spies, without observing it, passed on across the fresh meadows, and mingled with the friendly Indians about Grave hill. The disappointed warrior was enraged, and threatened to kill Mr. H. for deceiving him in order that he might be killed. Mr. H. was innocent of the charge ; for he had charged the gun himself, but some other person had discharged it without his knowledge, and priming, left it in the usual place in that condition. With the discovery of this fact, the warrior was finally pacified. But in a day or two, one of these spies was found dead on the Indian land, -and supposed to have been killed by the enraged warrior.

The people on the East side were exposed to many dangers and inconveniences in attending public worship at NewHaven. The year 1690 was sickly, and they lost a number of their useful men. Under all these circumstances, it

was natural for them to desire relief.

After they returned to their former connection with NewHaven Society, Deacon John Chedsey, John Potter and John Austin, obtained liberty of New-Haven, to buy one quarter of an acre of the Indians at the Ferry place, to build housing for their horses, when they went to New-Haven. They obtained a deed for the land, 4th March, 1686, which was signed by Narranshanott, George Sagamore, Maug, and Kehow. They paid six shillings for it. And it was afterwards called Stable point.

Nothing further appears on record of a special nature, respecting the Village, until the close of the year 1703. The following extracts from the Village records, will show the course of their affairs at that period.

"At a Village Meeting, 23d Decr. 1703. The inhabi

tants voted that they would take up their Village grant; and to that end chose Capt. Alling Ball, Lieut. Samuel Hotchkiss, Samuel Heminway, Sergt. John Potter, William Luddington, Ensign John Russel and George Pardee, for a Committee to manage the concerns of the Village, in order to a settlement according to the General Court's grant. And informed New-Haven of their design."

"In April, 1704, Caleb Chedsey was chosen Moderator, and Ebenezer Chedsey was chosen Clerk."

20th Nov. 1704. They voted that all the undivided land within the Village bounds shall be equally divided unto each of the present inhabitants, according to the heads and estates in 1702, when we were in a Village way, according to N. Haven grant, excepting persons that are tenants."

"The Committee appointed to search for land reported that they judged there were yet 1200 acres of undivided land."

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30th March, 1705, they agreed to lay out a half division of land, according to the list in 1702; and to draw lots who should pitch first, and next, &c.; and none shall pitch on the half mile gained from Branford. George Pardee was chosen to draw lots. Samuel Thompson and Samuel Hotchkiss, jun. were chosen surveyors of the half division."

The following table will show their names, population, and estates in 1702, and the quantity of land divided to each

Difficulty between East-Haven and New Haven. 39

Joseph Tuttle, John Miles, and Daniel Collins were made inhabitants in 1706.

The town of New-Haven was offended with the proceedings of the Village, respecting the laying out of land, and while the Village petition for the renewal of Parish privileges, was pending before the General Assembly, passed some angry resolutions, manifesting their unwillingness to admit. the Village to Society privileges, and forbade the people south of Muddy river, and north of the Village line, to pay any longer to the support of the ministry there; but to return to New-Haven.

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April 24, 1705. The Townsmen moved the Towne to consider whether the Towne look on the grant formerly made by New-Haven, doth give them power to take up again a Village on the east side, and whether the right of soil in the bounds of said Village belongs to the inhabitants there. The Towne by vote declare that they look upon the said former grant for a Village on that side to have been some time since, and by sundry applications and matters of record, are super

40 Difficulty between East-Haven and New-Haven.

ceeded and cancelled, and that those neighbours may not lawfully resume and manage a Village affairs without a new grant and allowance orderly made to them; and that the right of undivided and common land within the former grant in no wise is, or ever was, granted to the inhabitants of said Village, but is, and must remain at the disposal of the Towne of New-Haven, as much as any other tracts of common land, lying within the established boundary of New-Haven Towne. And whereas in said former grant the farmers on that side, northward of the Village bounds, were allowed to pay to the Ministry settled in said Village till farther orders. The Towne likewise doth order that those inhabitants, henceforward pay to the support of the Ministry in New-Haven platt, untill that matter shall be otherwise ordered by said Towne." [N. H. Rec.]

The right of soil in the undivided land, did, indeed, belong to the town of New-Haven. And the Village had no right to make a division of common land, except the_halfmile. That belonged to the Village by a deed from Branford, predicated on a special grant of New-Haven to that effect. New Haven had no right of soil in the half-mile.

The Village, however, obtained from the General Assembly, a renewal of their Parish grant, which they had received in 1680. And they proceeded to manage their religious affairs in their own way.

New-Haven attempted to tax the Village as before, which was resisted by the Village. And on the 24th April, 1707, "The Village voted that 600 acres on the lower end of the half-mile should be sold to defend lawsuits against New-Haven, particularly when distressed for taxes. And that the purchasers should sue at the next County Court, after NewHaven had strained for taxes." William Luddington, John Russel, John Moulthrop, Joseph Tuttle, Daniel Collins, and Jacob Robinson, took the 600 acres on those conditions, and divided it among themselves. This tract lay between the Pond, and Bull-swamp bridge. Caleb Parmerly, Caleb Chedsey, and Isaac Penfield afterwards settled on it.

Some attempts to quiet this controversy were made, but without effect. In October, of this year, the Village proposed to New-Haven to take their whole right of lands within the Village bounds, and maintain their own poor. The next year, according to advice of the General Assembly, a Committee of twelve was appointed by both parties, and the articles of agreement proposed by the General Assembly, partly