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- by the falles, and that upon certaine conditiones which conditiones are to be fully drawen up by Tho. ffitch Leiftenant Olmsted, mistr ffenn in wrighting to be confiremede and signed by the Towne oir those they shalle depute in their behalfe which conditiones weare fully agree upon at the sayed meeitinge betweene the Towne and Henry Whitney, and to be signeded and confirmed by the sayed Henry Whitneye which sayed wrightings doe fullie expresse the tearmes and conditiones of Both parties.
- Allso at the sayed meeitinge the Towne voted and grantede unto the sayed Henry Whitney a home Lott consistinge of twoe acres the sayed Lott to be Layed out upon the mill plaine upon the right hande of the path Leadinge downe to the ould mill, being over the Run Lett 2 or three rodd from the sayed Run Lett and allso from the cart way, and so the grant of the other Lott is relinquisheded.
This lot lay near the mill, on the north side of Norwalk River, and was the first lot west of Mill Brook.
Norwalk Land Records, Vo. IV, folios 51 and 52, set forth the fact that the agreement between the town of Norwalk and Henry Whitney "being comprehended in one pair of Indentures of a like tennure not being recorded, one of them not to be found, and the other damnified by some unknown means, and not in a suteable capacity for a Record," the town voted, 24 Oct. 1706, that a new draft be made of the former agreement, and covenant made by James Olmsted, Samuel Smith, and Joseph Platt, the town's committee, and John Whitney, Senr. This was recorded 16 July 1709, and shows that "whereas the planters aforesaid hath given and granted unto ye said Henry Whitney the Old Mill House, with the Mill Stones and what Irons and other things belongeth thereunto," etc., the said Henry Whitney engaged " to make, Maintaine, Keep, and uphold a good sufficient ground corne Mill, and that at ye proper cost and charge of ye said Henry Whitney, his heirs, and assigns, and that upon the mouth of Norwalk Rivder by ye Falls, and also a good sufficient Mill House over ye same with also a good sufficient Damn to ye said Mill, The said Plainters by these presents allowing ye Ground to ye said Mill where it stands and also sufficient ground across ye River for ye said Damn and also ye use of ye stream of Norwalk River to ye said mill and also liberty to ye said Henry, his heirs and assigns, at all time and times to take from off the common land sufficient of timber for the said Mill and Damn," and he engaged "To Grind the Corne of ye aforesaid planters, their heirs and assignes and Inhabitants of said Town, well and sufficiently at all times hereafter, making good and well conditioned meal provided water may be obtained with the use of means, and to Take butt and no more than the sixteenth part for Tole of all sorts of Grain that shall be ground." The town also granted him several pieces of land.
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