consented to, i. e. to take the common lands within their bounds and support their own poor. Some of the Village people, however, protested against any propositions that might infringe their old rights.

While these events were passing, the Village, 13th June, 1707, "Agreed to sequester a piece of land for a burying place, on the south side of the pond, on the Forthill so called, as much as may be spared from highways and watering cattle." Previous to this time they had buried their dead chiefly at New-Haven; but some were buried on the west side of the green.

In September, the village granted to Joshua Austin a piece of land near the springs, for beating the drum for public worship, and other public occasions.

About this time also, there was a difference between the Village and the South-end men, respecting the last division of land; but this was adjusted by admitting them to a full proportion with the rest.

To accomplish their object respecting further privileges the village proceeded thus:

"15th Feb. 1707. Sergt. John Potter and Joseph Tuttle were directed to attend a Town-meeting at New-Haven, and obtain their consent that this Village may be settled a distinct Towne.”

The following spring the Village petitioned the General Assembly for that object, which was granted.

"May, 1707. This Assembly, considering the petition of the East Village of New-Haven do see cause to order that they shall be a Village distinct from the Towne of New-Haven, and invested and priviledged with all immunities and priviledges that are proper and necessary for a village, for the upholding of the public worship of God, as also their own civil concerns; and in order thereunto doe grant them libertie of all such officers so chosen as aforesaid and sworn as the law directs, shall be inabled with power and authoritie as fully and effectually for their limits or bounds as is already granted them, as any such officers of any Towne whatsoever: As also the said Village have libertie to have a school amongst themselves, with the privilege of the fortie shillings upon the £100 estate as every Towne hath bylawe, and also free their own village charge, and maintain their own poor as all towns are obliged to doe, and be fully freed from paying any taxes to the Towne of New-Haven, and shall be called by the name of East-Haven."-[ Col. Rec.]

This is a very ample charter for all the common privileges, and immunities and duties of a Town. The right of choosing a representative is not, indeed, specified, but is implied in the immunities and priviledges of a Towne."They are furnished with the officers and powers of a Town, and the specific duties of a Town are imposed. So the people considered the grant, and acted upon it by immediately choosing town officers, laying rates, and taking the charge of their own poor. And had the Village still co-operated with New-Haven in dividing their common lands, instead of assuming the right of dividing themselves, probably, they would not have been molested. But New-Haven was dis

pleased, as appears from the following document:

"16th Sept. 1707. The Towne taking into their consideration, that, notwithstanding all fair and friendly endeavours have been used by our Committee, for a good agreement between us and our neighbours at the Ironworkes, that they have yet given us causeless trouble and charge, in that they have four times summoned us to answer them before the General Court, and in May last, have moved the said General Court that they may have the privileges of a seperate Towne, and be freed from payment of Towne rates here, and also that they have unjustly entered upon, and granted sundry parcels of land, being our right and property, to the great prejudice of the Towne, and more particularly of some of their neighbours, do, therefore, by their vote declare, that altho' we have ever, hitherto, been willing, not only to grant them liberty, but all due encouragement to be a seperate society for carrying on the worship of God; yet the above proceedings being not only injurious to our right, property, and privilege, secured to us by law, and our patent; but are also accompanied with great disturbance of the peace, and much disorder, which is likely to increase if not prevented, that, therefore, we may in no measure be satisfied therewith; but do order the Townsmen, with good advice in all proper methods of law, to endeavour the prevention thereof, and to secure our interest. Being informed also that the listers cannot obtain the bills of persons and estates from the aforesaid inhabitants of the Ironworkes, who refuse to deliver the same, on pretence that Towne privileges were conferred upon them seperately by the General Court, in May last, that, therefore, our said listers are not capable to perfect their list, and to give the sum total thereof, according to an act of the General Assembly, in October last past, the Towne considering there

Singular Resolutions of the General Assembly. 43

of, do declare that the sum total of their list cannot be known, and desire it should not be presented, 'till it be perfected. according to law."

In the year 1708, Gurdon Saltonstall was elected Governor. He had marrried the only child of William Rosewell, and of course came into the possession of the Furnace farm, on which he fixed his residence. It is a common tradition among the aged people of this town, that he constantly opposed their town privileges; and being a man of great influence, he had abundant opportunity to injure them. The most ancient man of this town, of excellent memory and judgment, and who was once conversant with the people of that generation, related to me the following anecdote, which will show the spirit of the times relative to East Haven affairs.

geese

The people of the Village kept large flocks of geese; many of which found their way to the Furnace pond, and frequently passed over to the Governor's farm. The Governor being vexed with this invasion of his rights, proclaimed a defensive war, attacked and routed the feathered army, making a great slaughter among them. The owners of the thought that this was a "cruel and unnecessary war," and were, in turn, greatly offended. And such was the effect upon the minds of the inhabitants generally, that at the next election for Governor, not a single vote from East Haven appeared for Saltonstall. After this discovery, the singular acts were passed by the General Assembly which destroyed

their Charter.

Whether these representations respecting the hostility and influence of the Governor be correct, or not, it is certain that a most singular legislative legerdemain followed; and which, whenever adopted, is sufficient to ruin any charter, or fritter down any law, into perfect nonsense. similar in effect, to that exercise of power by which the Kings of England revoked charters, and disannulled laws, and rendered every privilege and all property totally inse

cure.

It is

The controversy continued. And the General Assembly undertook to explain the act containing the town charter of East-Haven.

"New-Haven, Oct. 1710. This Assembly taking into consideration an Act passed in the General Court held at Hartford, 8th May 1707, granting several privileges to the Village called (in the said Act) East-Haven, do declare up

on the same, that there is nothing contained in the said Act that concerns property of lands, or that excludes the said Village from being within the Township of New-Haven; nor that intends to give the said Village the liberty of choosing deputies distinct from the Town of New-Haven."

[Col. Rec.]

"5th Feb. 1711. Caleb Chedsey, Sergt. John Potter, John Howe, Samuel Russel, Ab. Heminway, and Samuel Thompson, were chosen to goe to New-Haven and discourse with the Committee there, about the differences they speak of between them and us, and to make return to the Village, and not to conclude of any thing respecting the aforesaid matters, without the approbation of the Village."

Nothing, however, was accomplished by this attempt at explanation. The Commentary of the General Assembly did not even diminish the magnitude of the controversy. East-Haven pursued their own course, and New-Haven threatened and prosecuted the people for their taxes.

In 1716, East-Haven again cited New-Haven before the General Assembly, in hope that they should be able to main tain their town privileges on the charter of 1707. But contrary to their expectations, this application only brought forth a commentary on the commentary last mentioned.

"New-Haven, Oct. 1716. Upon consideration of the petition of the inhabitants at the Village of East-Haven, this Assembly find upon examination that the last act of this Assembly, dated Oct. 1710, determines them to have no other powers than those that are common to other parishes, and, therefore, are of opinion that the law does not put the care of the poor into their hands, but into the Town of New-Haven."[Col. Rec.]

In December of the same year, New-Haven "Voted to clear the inhabitants of East-Haven Village of all taxes to the Ministry or School, so long as they support the same according to the laws of this Colony." And appointed a Committee to settle with them about civil matters; and if they could not settle, they were determined to prosecute.

In January, 1708, the Village found themselves in debt to their Minister and meeting-house, and in order to cancel those debts, they voted to sell the half-mile. "The division to begin near Mr. Pierpont's and so come down. The land to be laid out in two tiers of lots, with a six rod road thro' the middle; and the land was valued at one shilling and eight pence per acre. And proportioned at

the rate of 5 acres to the £100 estate, and one acre to the poll. The land was apportioned as follows, and the money was paid to Caleb Chedsey, Treasurer."

Joseph Abbot,

9 acres. Mat. Moulthrop,

17 acres.

Samuel Moulthrop, 5

David Austin,

13/0

Ebenezer Chedsey, 19

Capt. Alling Ball, 21

Joseph Mallory,

17

Isaac Bradley,

24

John Potter,

29

Caleb Chedsey,

Daniel Collins,

15

William Roberts,

18

They also granted lots of land in other parts of the village upon the petition of individuals.

"The Selectmen were requested to get a man to beat the drum on the Sabbath, and for other meetings of the village, as reasonably as they could." This was also the practice in some of the other villages, for many years.

"At a village meeting 15th Feb. 1709, agreed to sell all the undivided lands on the pond Rock to the_upper_end. Thence South of a line from the south corner of Robert Dawson's home lot, a strait line to the northeast corner of Davenport's farme, except the parsonage lands, 30 acres near the Cove, 12 near John Luddington's home lot, 12 under the Indian grave hill: by the road leading to Southend 16. -30 acres more under the Indian hill: and a 100 rods in breadth from the path that leads to Capt. Alling Ball's. The rest to be sequestered for building the minister's house."

"25th Feb. 1709. Another half division of land was made at the rate of five acres on the £100 estate and one acre on the Poll." Eliphalet Pardee drew the lots.