iiiiliii^' S- * -*A\ ii^^ /% o • Np„ ,A^' A-^ \'' o5 '"^^ v^^ ^^. A^^- xOO, .A-^- ■^, v"^^ .•• A o ' / ^^ .1.1 -r) °y- /^*' 'O .v^ ' ^' •0- o^ * ^^..^^ .v' -n '^:i- J j5 -; .A -Ki .^^' '^z 'T^ •'c.iL-* •^^ ..-^^^^ C" .0 0- 'oo !.0<^^. C\. /■ r "2^ PREFATORY NOTE. This book contains the remaining portion of volume IX of the Public Records of the Colony of Connecticut, from page 44 Y, and also pages 1 to 310, inclusive, of volume X of the same series. It is not known that the Journals of either House of the General Assembly are extant for any of the six years covered by this publication. The Journal of the Governor and Council has also disappeared. Appended is the book of Reasons why the British Colonies in America should not he charged with Internal Taxes hy atdhority of Parliament, to which reference is made on pages 256 and 299 of this volume. Governor Fitch was the principal compiler and draughtsman of it, as Mr. Ingersoll informs us. The original edition was of five hundred copies, and Mr. Ingersoll took one hundred and twelve with him to England. After 1762, it does not appear that the General Assembly appointed a committee to hear the records read off and to see them signed by the Secretary as perfect and complete. It is evident that considerable portions of the record were not compared with the original bills, and this may account for various errors and omissions. The editor has endeavored to supply the omissions from the files, and what has been supplied is enclosed in brackets. C. J. H. October 29th, 1881. THE PUBLIC RECORDS OF THE COLONY OF CONNECTICUT. [Volume IX., Page 447.] Anno Regni Regis Creorgii tertii seeundo. At a General Assembly of the Governor and Company of HIS Majesty's English Colony of Connecticut in New- England IN America, holden at Hartford in said Colony ON THE second THURSDAY OF MaY (BEING THE THIRTEENTH DAY OF SAID MONTH) AND CONTINUED BY SEVERAL ADJOURN MENTS UNTIL THE EIGHTH DAY OF JUNE NEXT FOLLOWING, ANNOQUE Domini 1762. Present : The Honourable Thomas Fitch, Esqf, Grovernor. The Hon^'e William Pitkin, Esq"", Deputy Grovernor. Ebenezer Silliman, Daniel Edwards, Jonathan Trumble, Jabez Hamlin, Hezekiah Huntington, Matthew Griswold, Andrew Burr, Shubael Conant, John Chester, Elisha Sheldon, Benjamin Hall, Representatives or Deputies who attended this Assembly are as follow, viz : Col. Samuel Talcott, Maj . William Pitkin, for Hartford, Mr. Daniel Lyman, Mr. Samuel Bishop, for New Haven. Capt. Jeremiah Miller, Major Charles Bulkly, for New London. Mr. David Rowland, Mr, David Burr, jun., for Fairfield. Mr. Samuel Gray, Col. Eliphalet Dyer, for Windham.. Col. Ebenezer Marsh, Capt. Isaac Baldwin, for Litchfield. Capt. Jabez Huntington, Mr. Ebenezer Backus, for Norwich. Col. Jonathan Hoit, Mr. Abraham Davenport, for Stamford. Col. Robert Walker, Mr. Ichabod Lewis, for Stratford. >Esq'"s, Assistants. 2 PUBLIC RECORDS [May, Capt. Jabez Sherwood, for Greenwich. Ca))t. John Fowler, Mr. Robert Treat, for Milford. Capt John Strong, Mr. Isaac Lee, jun., for Farmington. Mr. Gyrus Marsh, Mr. Nathan Eliot, for Kent. Mr. Bushncl Bostwick, Mr. Amos Northrup, for New Milford. Capt. Samuel Kent, Mr. William King, for Sufficld. Mr. Jolni Everts, Capt. Josiah Stoddard, for Salisbury. Mr. William Gould, Mr. Barnabas Mulford, for Branford. Mr. Josiah Convers, Mr. David Orcutt, for Stafford. Mr. Simeon Minor, Capt. Joseph Dennison, for Stonington. Mr. Daniel Booth, Mr. Richard Fairman, for New Town. Capt. Alexander Phelps, Mr. John Phelps, for Hebron. Capt. Jonathan Hale, Mr. William Wells, for Glassenbury. Col. Joseph Spencer, for East Haddam. Capt. Isaac Kellogg, Mr. Martin Smith, for New Hartford. Mr. Charles Whittlesey, Capt. Samuel Hull, for Wallingford. Mr. John Cook, for Torrington. Capt. Hezekiah Whittlesey, Capt. John Murdock, for Saybrook. Mr. Joseph Sexton, for Somers. [448] Mr. Zebulon West, Capt. Joshua Wills, for Tolland. Mr. Luther Gay, Mr. Ebenezer Learned, for Killingsly. Mr. Joshua Pierce, Mr. Thomas Russell, for Cornwall. Capt. Samuel Petfibone, Capt. Moses Lyman, for Goshen. Capt. Nehemiah Lyon, Mr. Ebenezer Smith, jun., for Wood- stock. Mr. Joseph Strong, Mr. Phineas Strong, for Coventry. Mr. Benjamin Chaplin, Mr. Edward Freeman, for Mansfield. Capt. Abel Gun, Capt. Samuel Basset, for Derby. Col. Elihu Chauncey, Capt. James Wadsworth, for Durham. Capt. Elijah Worthington, Mr. Dudley Wright, for Colchester. Mr. Joseph Piatt, for Norwalk. Mr. Hezekiah Brainard, for Haddam. Capt. Benjamin Talcott, Mr. David Strong, for Bolton. Mr. Ctjmfort Starr, for Danbury. Mr. Edward Collins, Capt. Joseph Oi'msted, for Enfield. Capt. Timothy Judd, Mr. John Lewis, for Waterbury. Mr. John Lay 2d, Mr. Samuel Seldon, for Lyme. Col. David Whitney, Capt. Charles Burrel, for Canaan. Capt. John Williams, Mr. John Pardy, for Sharon. Capt. Thomas Stevens, Capt. John Douglas, for Plaiufield. Capt. Benjamin Sumner, Mr. Elijah Whiton, for Ashford. Capt. Joshua West, Capt. Ignatius Barker, for Lebanon. Mr. Hezekiah Humphry, Mr. John Case, for Symsbury. Mr. Daniel Sherman, Col. Benjamin Hinman, for Woodbury. Capt. Abijah Catling, for Harwington. 1762.] OP CONNECTICUT. 3 Mr. John Gordon, Capt. Robert Dixon, for Voluntown. Capt. Josiah Bissell, Capt. Erastus Wolcott, for Windsor. Mr. Jonathan Dresser, Mr. Sanmel Craft, for Pomfret. Col. Timothy Stone, Mr. Nathaniel Hill, for Guilford. Capt. Jonatlian Belding, Capt. Elisha Williams, for Weathers- field. Col. Christopher Avery, Capt. Moses Fish, for Groton. Capt. Obadiah Johnson, Capt. Jal^ez Fitch, for Canterbury. Mr. Seth Wetmore. Mr. Matthew Talcott, for Middleton. Col. Samuel Coit, Capt. William Witter, for Preston. Capt. John Pierson, Mr. Joseph Eliot, for Killing-worth. Capt. Jabez Huntington, Speaker } of the House of Repre- Mr. Abraham Davenport, Clerk \ sentatives. This day being appointed by the royal charter and the laws of this Colony for the Election of the public officers of the Colony, viz: Governor, Deputy Governor, Assistants, Treas- urer and Secretary, proclamation was made, and then the votes of tlie freemen were given in to the persons appointed by the Governor, Council and Representatives, to receive, sort and [449] count them; (which persons so appointed were,) || Jonathan Trumble, Hezekiah Huntington, Andrew Burr, John Chester, Benjamin Hall, Daniel Edwards, Jal)ez Hamlin, Mat- thew Griswold, Shubael Conant, Elisha Sheldon, Esq^S Col. Samuel Talcott, Capt. Erastus Wolcott, Mr. Samuel Bishop, Capt. James Wadsworth, Mr. Simeon Minor, Col. Christopher Avery, Mr. David Burr, jun., Mr. Comfort Starr, Mr. Samuel Gray, Capt. Jabez Fitch, Capt. John Williams, and Col. Eben- ezer Marsh, who were all sworn to a faithful discharge of that trust. And the freemen's votes being brought in, sorted and counted. The Honourable Thomas Fitch, Esq"", is chosen Governor of this Colony for the year ensuing. The Hon'^'^' William Pitkin, Esq"", is chosen Deputy Gov- ernor of this Colony for the year ensuing. Ebenezer Silliman, Esq"", Jonathan Trumble, Esq"", Hezekiah Huntington, Esq"", Andrew Burr, Esq"", John Chester, Esq"", Benjamin Hall, Esq"-, Daniel Edwards, Esq"", Jabez Hamlin, Esqr, Matthew Griswold, Esq'', Shubael Conant, Esq-", Elisha Sheldon, Esqs Eliphalct Dyer, Esq^, were chosen Assistants for the year ensuing. Joseph Talcott, Esq"", is chosen Treasurer of this Colony for the year ensuing. George Wyllys, Esq"", is chosen Secretary of this Colony for the year ensuing. The Governor's oath prescribed by the law of this Colony, 4 PUBLIC RECORDS [May, and the oath required by act of Parliament, relating to Trade and Navigation, were administred (in presence of the Assem- bly) by the Hon^^'e William Pitkin, Esq^ Deputy Governor, to the Hon^^'e Thomas Fitch, Esqf, now chosen Governor. The Hon^ie William Pitkin, Esqr, now chosen Beputy Gov- ernor, had the Deputy Governor's oath prescribed by law administred to him by his Honour the Governor in the pres- ence of the Assembly. The Assistant's oath prescribed by law was administred by his Honour the Governor to Ebenezer Silliman, Jonathan Trumble, Hezekiah Huntington, Andrew Burr, John Chester, Benjamin Hall, Daniel Edwards, Jabez Hamlin, Matthew Griswold, Shubael Conant, Elisha Sheldon, and Eliphalet Dyer, Esq^^, now chosen Assistants. The Treasurer's oath prescribed by law was administred by his Honour the Governor to Joseph Talcott, Esq"", now chosen Treasurer. The Secretary's oath prescribed by law was administred by his Honour the Governor to George Wyllys, Esqf", now chosen Secretary, in the presence of the Assembly. Ordered, That Ehsha Sheldon, Esq"", and Mr. Daniel Sher- man return the thanks of this Assembly, to the Rev^. Mr. Joseph Bellamy, for his sermon delivered before the Assembly on the 13th instant, and desire a copy thereof, that it may be printed. This Assembly do appoint the Hon'^'e William Pitkin, Esq"", to be Chief Judge of the Superior Courts in this Colony for the year ensuing. This Assembly do appoint Ebenezer Silliman, Esq"", Daniel Edwards, Esq"", Benjamin Hall, Esq^ and Robert Walker, Esq"", to be Judges of the Superior Courts in this Colony the year ensuing. This Assembly do appoint Jabez Hamlin, Esq'", to be Judge of the County Courts in and for the County of Hartford the year ensuing. This Assembly do appoint Roger Newton, Esq^to be Judge of the County Courts in and for the County of New Haven the year ensuing. This Assembly do appoint Hezekiah Huntington, Esq'', to be Judge of the County Courts in and for the County of New London the year ensuing. This Assembly do appoint Andrew Burr, Esq"^, to be Judge of the County Courts in and for the County of Fairfield the year ensuing. [450] This Assembly do appoint Jonathan Trumble, Esq"", 1762.] OF CONNECTICUT. 5 to be Judge of the County Courts in and for tlie County of Windham the year ensuing. This Assembly do appoint John Williams, Esq"", to be Judge of the County Courts in and for the County of Litchfield the year ensuing. This Assembly appoints Daniel Edwards, Eisq'", Judge of the Court of Probate for the district of Hartford the year ensuing. This Assembly appoints John Hubbard, Esq"", to be Judge of the Court of Probate for the district of New Haven the year ensuing. , This Assembly appoints Gurdon Saltonstall, Esq"", Judge of the Court of Probate for the district of New London the year ensuing. This Asseml)ly appoints Andrew Burr, Esq"", Judge of the Court of Probate for the district of Fairfield the year ensuing. This Assembly appoints Jonathan Trumble, Esq'', Judge of the Court of Probate for the district of Windham the year ensuing. This Assembly appoints Jabez Fitch, Esq"", Judge of the Court of Probate for ihe district of Plainfield the year ensuing. This Assembly appoints Timothy Stone, Esq"", Judge of the Court of Probate for the district of Guilford the year ensuing. This Assembly appoints Daniel Sherman, Esq', Judge of the Court of Probate for the district of Woodbury the year ensuing. This Assembly appoints Jonathan Hoit, Esq"", Judge of the Court of Probate for the district of Stamford the year ensuing. This Assembly appoints Joseph Spencer, Esq^, Judge of the Court of Probate for the district of East Haddam the year ensuing. This Assembly appoints Ebenezer Marsh, Esqf, Judge of the Court of Probate for the district of Litchfield the year ensuing. This Assembly appoints Thomas Benedict, Esq'", Judge of the Court of Probate for the district of Danbury the year ensuing. This Assembly appoints Hezekiah Huntington, Esq"-, Judge of the Court of Probate for the district of Norwich the year ensuing. This Assembly appoints Jabez Hamlin, Esq'", Judge of the Court of Probate for the district of Middleton the year ensuing. This Assembly appoints Ebenezer Williams, Esq"", Judge of the Court of Probate for the district of Pomfret the year ensuing. This Assembly appoints John Williams, Esq-", Judge of tlie Court of Probate for the district of Sharon the year ensuing. 6 PUBLIC RECORDS [May, This Assembly appoints Zebulon West, Esqs Judge of the Court of Probate for the district of Stafford the year ensuing. This Assembly appoints Joseph Pitkin, William Wolcott, Zebulon West, and Seth Wetmore, Esq>-% to be Justices of the Peace and Quorum for the County of Hartford the year ensuing. This Assembly do appoint Thomas Wells, Phineas Lyman, Joseph Talcott, George Wyllys, Thomas Hosmer, John Ledyard, Jonathan Hills, Samuel Talcott, Thomas Seymour, Daniel Bissell, Samuel Eno, Erastus Wolcott, Elizur Goodrich, Jonathan Belding, Elisha Williams, Joseph , White, Joseph Southmaid, Nathaniel Chauncey, Joseph Hooker, John Hooker, Solomon Whitman, Jared Lee, Hezekiah Gridley, Joseph Hart, John Strong, Hezekiah Brainard, Joseph Wells, John Owen, Judah Holcomb, Jonathan Pettibone, Hezekiah Humphrey, Samuel Kent jun., Ephraim Terry, Jonathan PIal,e, John Kimberly, William Wells, Joseph Spencer, Daniel Cone, Daniel Brainard jun., Nathaniel Foot, Epaphras Lord, John Watrous, John Phelps, Samuel Gilbert, Alexander Phelps, Thomas Pitkin' Elisha Steel, Isaac Pinney, Samuel Reynolds, Abner Barker, Josiah Bissell, and Matthew Talcott, EscfS to be Justices of the Peace for the county of Hartford the year ensuing. [451] This Assembly do appoint John Hubbard, Elihu Chauncey, Timothy Stone, and Thomas Darling, Esq-'s to be Justices of the Peace and Quorum for the County of New Haven the year ensuing. This Assembly do appoint Samuel Sherman, John Whiting. Samuel Sacket, Daniel Lyman, Roger Newton, Robert Treat, Nathan Baldwin, Joseph Woodruff, John Fowler, Samuel Basset, Samuel Riggs, Timothy Russell, Daniel Holebrook, Charles French, Thomas Clark, Thomas Matthews, Joseph Hopkins, Caleb Bummiston, Samuel Hall, John Hall the 2d, Elihu Hall, Ezekiel Rice. Caleb Merriman, Charles Whittlesey, James Wadsworth jun., Theophilus Rossetter, Samuel Robinson, Nathaniel Ruggles, John Grave, Jonathan Russell, Josiah Rogers, Samuel Barker, James Barker, William Iloadly, Nathaniel Hill, Esq'^, Justices of the Peace for the county of New Haven the year ensuing. This Assembly appoints John Griswold, Christopher Avery, Richard Lord, Isaac Huntington, and Pygan Adams, Esq'%^ Justices of the Peace and Quorum in and for the county of New London for the year ensuing. This Assembly do appoint Ebenezer Backus, Jabez Hunting- ton, Humphry Avery, William Whiting, Jacob Perkins, 1762.] OF CONNECTICUT. 7 Ebenezer Hartshorn, Simon Tracy jun., Samuel Morgan, Samuel Coit, William Witter, Simeon Minor, Jose])h Denni- son, Samuel Prentice, Amos Cheesln-ougli, John Williams, Luke Perkins, William Williams, Nathan Smith, Ebenezer Avery, Daniel Coit, Jeremiah Miller, William Hillliouse, Samuel Ely, John Lay jun.. Benjamin Lee, George Dorr, Nathaniel Clark, Jedidiali Chapman, John Tulley, Hezekiah Whittlesey, Benjamin Gale, Elnathan Stephens, Joseph Wilcocks, Aaron Eliot and John Richards, Esqr^ Justices of the Peace in and for the county of New London the year ensuing. This Assembly appoints Jonathan Hoit, David Rowland, Samuel Fitch and John Read, Esq''^, Justices of the Peace and Quorum in and for the county of Fairfield the year ensuing. This Assembly do appoint Robert Walker, Robert Fairchild, Agur Thomlinson, Ichabod Lewis, Samuel Adams, Theophilus Nichols, James Walker, William Burr, Moses Dimon, Samuel Sherwood, Joseph Piatt, Thomas Fitch jun., Elias Betts, Theophilus Fitch, Jonathan Malti)ie, Abraham Davenport, Peter Mead, John Ferris, Samuel Olmsted, Samuel Smith the 3d, Thomas Benedict. Samuel Gregory, Comfort Starr, Ephraim Hubbel, Caleb Baldwin, Richard Fairman, Silas Betts, and David Burr, jun., Esq^^, Justices of the Peace in and for the county of Fairfield the year ensuing. This Asseml)ly appoints Shubael Conant, John Dyar, Jaljez Fitch and Joshua West, Esq""*, Justices of Quorum for the county of Windham the year ensuing. This Assembly do appoint John Dyar, Jabez Fitch, Joshua West, Jonathan Huntington, Nathaniel Huntington, Stephen Fuller, Samuel Gray, Jedidiah Elderkin, Nathaniel Wales junr, Joseph Clark, William Metcalf, William Williams, Joseph Strong jun"", Phineas Strong, Joseph Storrs, Amos Babcock, Elijah Whiton, Ebenezer Wales, Samuel Chandler, Nathaniel Child, Ebenezer Smith jun^, Samuel Danielson, Jacob Dresser, Thomas Moffit, Timothy Sabin, Ebenezer Wil- liams, Thomas Williams, William Osgood, John Grosvener, Samuel Huntington of Canteii)ury, John Curtice, Benjamin Wheeler, Robert Dixson, John Smith, and Jeremiah Keeney, Esq''% Justices of the Peace in and for the county of Wind- ham the year ensuing. [452] This Assembly appoints Ebenezer Marsh, Increase Moseley, Daniel Sherman, and Busbnel Bostwick, Esq^^, Jus- tices of the Peace and Quorum for the county of Litchfield the year ensuing. This Assembly do appoint John Williams, Timothy Collins, 8 PUBLIC RECORDS [May, Jacob Woodruff, Daniel Everit, Elisha Stoddard, Benjamin Hinman, Tilley Blakeley, Paul Welch, John Hitchcock, Tim- othy Hatch, John Ransom, Daniel Lee, Nathan Eliot, John Patterson, David Whitney, John Beebe, John Beach, Samuel Pettibone, John Cook, Cyprian Webster, Abijah Catling, Isaac Kellogg, Matthew Gillet, Michael Humphry, Daniel Griswold of Sharon, John Hutchinson, James Landon, Isaac Baldwin, Moses Lyman, Thomas Russell and Epaphras Shel- don, Esqr^ Justices of the Peace for the county of Litchfield the year ensuing. An Act for the more speedy Issuing of Law Suits wherein Auditors are appointed. Be it enacted hy the Crovernor, Council and Representatives^ 171 G-eneral Court assembled, and hy the authority of the same, That for the future there shall not be allowed any remove, either by review or appeal, from a judgment rendered in any of the county or superior courts in this Colony upon the re- turn and acceptance of an award of auditors ; any law, usage or custom to the contrary notwithstanding. An Act for Alteration and Amendment of the Law entituled An Act for the Directing and Regulating of Civil Actions. Whereas in and by said act it is provided and enacted, that in case any process be duly served on any defendant or de- fendants and return thereof made to the court to which the same is made returnable, then if such defendant or defend- ants do not appear, his or their default shall be recorded and judgment entred up against him thereupon, unless before the jury be dismist he or they shall come into court and move for a trial, in which case he or they shall be admitted thereto upon paying down to the adverse party the cost to that time, whereby bills of cost in defaulted cases are greatly inhansed : Which to prevent, It is now enacted by the Grovernor, Council and Representa- tives, in G-eneral Court assembled^ and hy the authority of the same, That for the future no defendant or defendants de- faulted as aforesaid shall have liberty to revive any such action unless he or they shall come into court and move for a trial on or before the second day of the sitting of said court and pay down to the adverse party the cost to that time arisen ; any law, usage or custom to the contrary notwith- standing. An Act to regulate the Making up of Bills of Cost. Be it enacted hy the Crovernor, Council and Representatives, in G-eneral Court assembled, and hy the authority of the same, That for the future no cost shall be allowed for travel to get a writ or to carry the same to an officer ; any law, usage or custom to the contrary notwithstanding. 1762.] OF CONNECTICUT. 9 [453] An Act for Alterinsr the Fees of the Superior Court and for Ad- vancing- the Wages of the Judges of said Court. Be it enacted by the G-overnor, Council and licpresentatlves^ in General Court assembled^ and by the authority of the same, That for the future the fee for trying any action in the superior court (exclusive of all such fees as are already stated by law for the clerk or jury) shall be the sum of twenty shillings ; and for each confession or default the sum of ten shillings. Be it further enacted by the authority aforesaid, That there shall be allowed and paid out of the treasury of this Colony to the judges of said superior court as follows, viz : To the chief judge eighteen shillings, and to each assistant judge seventeen shillings per diem, as a recompence for their service. An Act for reviving an Act of this Assenably made and passed in their Sessions in May last enticuled An Act in further Addition to the LaTV entituled An Act providing in Case of Sickness. Whereas it was resolved by this Assemldy at their sessions in October last, that the aforesaid act should continue in force until the rising of this Assembly, and no longer, Therefore, Be it enacted by the Crovernor, Council and liepresentatives, in General Court assembled, and by the authority of the same. That the said act, entituled An act in further addition to the law entituled An act providing in case of sickness, be revived, and the same is hereby revived in every part and paragraph thereof, and to continue and be in force until the rising of this Assembly in October next, and no longer. An Act for appointing the Brand for Horses in the To-wn of Norfolk. It is ordered and enacted by this Assembly, That the brand for horses in and for the town of Norfolk be the following figure, viz : p This Assembly do establish Mr. James Morgan to be Cap- tain of the company or trainband in the east division of the parish of Reading in the 4th regiment in this Colony. This Assembly do establish Mr. Daniel Lyon to be Lieu- tenant of the company or trainband in the east division of the parish of Reading in the 4th regiment in this Colony. Tliis Assembly do establish Mr. Henry Lyon to be Ensign of tlie company or trainband in the east division of the parish of Reading in the 4th regiment in this Colony. This Assembly do establish Mr. Nehemiah Sanford to be Ensign of the company or trainband in the west division of the parish of Reading in the town of Fairfield. This Assembly do establish Mr. Nathaniel Seely jun^. to be Lieutenant of the company or trainband in the northern part of Stratfield and North Stratford in the 4th regiment in this Colony. 10 PUBLIC RECORDS [May, This Assembly do establish Mr. Messenger Palmer to be Lieutenant of the eastermost company or trainband in the town of Greenwich. This Assembly do establish Mr. James Lockwood to be Ensign of the eastermost company or trainband in the town of Greenwich. [454] This Assembly do establish Mr. Abel Hall to be Ensign of the company or trainband in the northern part of Stratfield and North Stratford in the 4tli regiment in this Colony. This Assembly do establish Mr. John Case to be Captain of the 3d company or trainband in Symsbury in the 1st regi- ment in this Colony. This Assembly do establish Mr. Francis Barnard to l)e Lieutenant of the 3d company or trainband in Symsbury in the 1st regiment in this Colony. This Assembly do establish Mr. Charles Case to be Ensign of the 3d company or trainband in Symsbury in the 1st regi- ment in this colony. This Assembly do establish Mr. Joshua Hall to be Ensign of the north-east company or trainband in the first society in Wallingford. This Assembly do establish Mr. Samuel May to be Quarter- Master of the troop of horse in the 6th regiment in this Colony. This Assembly do establish Mr. Thomas Prentice to be Captain of the 2d company or trainband in Stonington. This Assembly do establish Mr. Theophilus Baldwin, jun., to be Ensign of the 2d company or trainband in Stonington. This Assembly do establish Mr. William Bott to be Captain of the company or trainband in the society of Canaan in the 9th regiment in this Colony. This Assembly do establish Mr. Jonathan Husted to be Lieutenant of the company or trainband in the society of Canaan in the 9th regiment in this Colony. This Assembly do establish Mr. James Talmadge to be En- sign of the company or trainband in the society of Canaan in the 9th regiment in this Colony. This Assembly do establish Mr. Noah Fowler to be Ensign of the 2d company or trainband in the 7th regiment in this Colony. This Assembly do establish Mr. Daniel Gates to be Ensign of the 1st company or trainband in the town of Preston in the 8th regiment in this Colony. This Assembly do establish Mr. David Smith to be Lieuten- 1762.] OF CONNECTICUT. H ant of the 1st company or trainband in Soutliington parish in Farmington. This Assembly do establish Mr. Phineas Barns to be Ensign of the 1st company or trainband in Soutliington parish in Farmington. This Assembly do establish Zebulon West, Esq^, to be Cap- tain of the south company or trainband in Tolland. This Assembly do establish Mr. Joseph Lothrop to be Lieu- tenant of the south company or trainband in Tolland. This Assembly do estal)lish Mr. Solomon West to be Ensign of tlie south company or trainband in Tolland. This Assembly do establish Mr. Samuel Chapman to ))e Captain of the north company or trainband in Tolland. This Assembly do establish Mr. Elijah Chapman to be Lieu- tenant of the north company or trainband in Tolland. This Asseml)ly do establish Mr. Stephen Steel to be Ensign of the north company or trainband in Tolland. This Assembly do establish Mr. Selah Dudley to be Ensign of the 9th company or trainband in the 7th regiment in this Colony. This Assembly do establish Mr. Michael Baldwin to be Lieutenant of the 9th company or trainband in the 7th regi- ment in this Colony. This Assembly do establish Mr. Timothy Shepard to be En- sign of the 1st company or trainband in Newtown in the 4th regiment in this Colony. This Assembly do estal^lish Mr. John Eliot to be Lieutenant of the 2d company or trainband in the 7th regiment in this Colony. This Assembly do establish Mr. Joseph Lumm to be Lieu- tenant of the 1st company or trainband in Derby. This Assembly do establish Mr. Timothy Baldwin to be Ensign of the 1st company or trainband in Derby. [455] This Assembly do establish Mr. Ezekiel Haze to be Quarter-Master of the troop of horse in the 2d regiment in this Colony. This Assembly do establish Mr. John Peters to be Captain of the company or trainband in the society of Gilead in the town of Hebron in the 12th regiment in this Colony. This Assembly do establish Mr. Daniel Ingham to be Lieu- tenant of the company or trainband in the society of Gilead in the town of Hel3ron in the 12th regiment in this Colony. This Assembly do establish Mr. Moses Thrall to be Captain of the 2d company or trainband in Bolton in the 1st regiment in this Colony. 12 PUBLIC RECORDS [May, This Assembly do establish Mr. Stephen Johns to be Lieu- tenant of the 2d company or trainband in Bolton in the 1st regiment in this Colony. This Assembly do establish Mr. Philip Smith to be Ensign of the 2d company or trainband in Bolton in the 1st regiment in this Colony. This Assembly do establish Mr. Thomas Belding to be Cap- tain of the 3d company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Hezekiah Wells to be Lieu- tenant of the 3d company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. George Kilborn to be En- sign of the 3d company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Ebenezer Bliss to be Cap- tain of the 6th company or trainband in Windsor in the 1st regiment in tliis Colony. This Assembly do establish Mr. Timothy Perin to be Ca]> tain of the 16th company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Stephen Marcy to be Lieu- tenant of the 16th company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Moses Chandler to be En- sign of the 16th company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Thomas Loomis, jun., to be Captain of the company or trainband in the parish of Goshen in the town of Lebanon in the 12th regiment in this Colony. This Assembly do establish Mr. John Whitney to be Lieu- tenant of the company or trainband in the parish of Goshen in the town of Lebanon in the 12th regiment in this Colony. This Assembly do establish Mr. John Wattles, jun., to be Ensign of the company or trainband in the parish of Goshen in the town of Lebanon in the 12th regiment in this Colony. This Assembly do establish Mr. Ignatius Barker to be Cap- tain of the 2d troop of horse in the 12th regiment in this Colony. This Assembly do establish Mr. Israel Loomis to be Lieu- tenant of the 2d troop of horse in the 12th regiment in this Colony. This Assembly do establish Mr. Seth Wright to be Cornet of the 2d troop of horse in the 12th regiment in this Colony. This Assembly do establish Mr. Jonathan Smith to be Cap- tain of the 4th company or trainband in Woodbury. 1762.] OF CONNECTICUT. 13 This Assembly do establish Mr. John Meigs to be Ensign of the 4th company or trainband in W(3odl)in'y. This Assembly do establish Mr. Samncl Galpin to be Gap- tain of the 15th company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Richard Hubbard to be Lieutenant of the 15th company or trainband in the 6th regi- ment in this Colony. This Assembly do establish Mr. Watts Hubbard to be En- sign of the 15th company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. William Church to be Cap- tain of the 1st company or trainband in the parish of Milling- ton in East Haddam. [456] This Assembly do establish Mr. Joseph Cone to he Lieutenant of the 1st company or trainband in the parish of Millington in East Haddam. This Assembly do establish Mr. Simeon Ackley to be Ensign of the 1st company or trainband in the parish of Millington in East Haddam. This Assembly do establish Mr. Amos Camp to be Captain of the company or trainband in the parish of Merridan in Wallingford. This Assembly do establish Mr. Ebenezer Cole to be Lieu- tenant of the company or trainband in the parish of Merridan in Wallingford. This Assembly do establish Mr. Josiah Robinson, jun., to be Ensign of the company or trainband in the parish of Mer- ridan in Wallingford. This Assembly do establish Mr. Deliverance Woodward to be Ensign of the 10th company or trainband in the 5th regi- ment in this Colony. This Assembly do establish Mr. Jonathan Gurley to be Lieutenant of the 10th company or trainband in the 5th regi- ment in this Colony. This Assembly do establish Mr. Abraham Spafford to be Captain of the 10th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Obadiah Gore to be Lieu- tenant of the 8th company or trainband in the town of Norwich. This Assembly do establish Mr. Ambrose Blunt to be Ensign of the 8th company or trainband in the town of Nor- wich. This Assembly do establish Mr. Theophilus Baldwin to be Captain of the 1st company or trainband in New Milford. 14 PUBLIC RECORDS [May, This Assembly do establish Mr. Benjamin Gaylord to be Lieutenant of the 1st company or trainband in New Milford. This Assembly do establish Mr. Sherman Boardman to be Ensign of the 1st company or trainband in New Milford. This Assembly do establish Mr. Ebenezer Pitcher to be Lieutenant of the 5th company or trainband in Woodbury. This Assembly do establish Mr. Gideon Hollister to be Ensign of tlie 5th company or trainband in Woodbury. This Assembly do establish Mr. Zebadiah Ingalls to be Ensign of the 10th company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Abraham Camp to be Lieu- tenant of the 1st company or trainband in the 1st society in the town of Nor walk in the 9th regiment in this Colony. This Assembly do establish Mr. Stephen Davis to be Ensign of the 1st company or trainband in the 1st society in the town of Norwalk in the 9th regiment in this Colony. This Assembly do establish Mr. Robert Allyn to be Lieu- tenant of the 2d company or trainband in Groton in the 8th regiment in this Colony. This Assembly do establish Mr. Ralph Stoddard to be Ensign of the 2d company or trainband in Groton in the 8th regiment in this Colony. This Assembly do establish Mr. Ezra Gregory to be Quarter- Master of the troop of horse in the 9th regiment in this Colony. This Assembly do establish Mr. Zerubbabel Jerom to be Ensign of the company or trainband in New Cambridge in Farmington in the 1st regiment in this Colony. This Assembly do establish Mr. Jonathan Remington to be Captain of the 2d company or trainband in the town of Suffield in the 1st regiment in this Colony. This Assembly do establish Mr. John Levit to be Lieutenant of the 2d company or trainband in Suffield in the 1st regiment in this Colony. [457] This Assembly do establish Mr. Moses Fish to be Captain of the 13th company or trainband in the 11th regi- ment in this Colony. This Assembly do establish Mr. Moses Robbins to be Lieu- tenant of the 13th company or trainband in the 11th regi- ment in this Colony. This Assembly do establish Mr. Jonathan Palmer to be Ensign of the 13th company or trainband in the 11th regi- ment in this Colony. This Assembly do establish Mr. Joshua Raymond to be 1762.] OP CONNECTICUT. 15 Captain of the 3d company or trainband in New London in the 3d regiment in this Colony. Tliis Assembly do establish Mr. Christoi)her Raymond to be Lieutenant of the 3d company or trainband in New London in the 3d regiment in this Colony. This Assembly do establish Mr. Amariah Hammond to be Ensign of the 3d company or trainband in New London in the 3d regiment in this Colony. This Assembly do establish Mr. Silas Hamilton to be Captain of the 2d company or trainband in Danbury in the 4th regiment in this Colony. This Assembly do establish Mr. Thomas Stevens to be Lieutenant of the 2d company or trainband in Danbury in the 4tli regiment in this Colony. This Assembly do establish Mr. Richard Bryan jun. to be Captain of the 2d company or trainband in the 2d regiment in this Colony. This Assembly do establish Mr. Isaac Clark to be Lieuten- ant of the 2d company or trainband in the 2d regiment in this Colony. This Assembly do establish Mr. Benjamin Bull to be Ensign of the 2d company or trainband in the 2d regiment in this Colony. This Assembly do establish Mr. James Noyes to be Captain of the 1st company or trainband in Stonington in the 8th regiment in this Colony. This Assembly do establish Mr. Thomas Stanton jun. to be Lieutenant of the 1st company or trainband in the 8th regiment in this Colony. This Assembly do establish Mr. Jehiel Hawley to be Lieu- tenant of the 2d company or trainband in New Milford. Tliis Assemlily do establish Mr. Samuel Canfield to be Ensign of the 2d company or trainband in New Milford. This Assembly do establish Mr. John Mix to be Ensign of the 5th company or trainband in the 2d regiment in this Colony. This Assembly do establish Mr. Abel Merrils to be Captain of the company or trainband in New Hartford in the 1st regi- ment in this Colony. This Assembly do establish Mr. Samuel Benham to be Lieutenant of the company or trainband in New Hartford in the 1st regiment in this Colony. This Assembly do establish Mr. Ely Flower to be Ensign of the company or trainband in New Hartford in the 1st regi- ment in this Colony. 16 PUBLIC RECORDS [May, Tliis Assembly do establish Mr. Martin Kellogg to be Ensign of the 1st company or trainband in Suffield in the 1st regiment in this Colony. Tliis Assembly do establish Mr. Ephraim Wheeler to be Licutejiant of the 2d company or trainband in Stratford in the 4th regiment in this Colony. This Assembly do establish Mr. Daniel Judson to be Ensign of the 2d company or trainband in Stratford in the 4th regi- ment in this Colony. This Asseml)ly do establish Mr. Samuel Kesson to be Captain of the 11th company or trainband in the 11th regi- ment in this Colony. This Assembly do establish Mr. John Dixson to be Lieuten- ant of the 11th company or trainband in the 11th regiment in this Colony. [458] This Assembly do establish Mr. John Dixson jnn. to be Ensign of the 11th company or trainband in the 11th regi- ment in this Colony. This Asi^embly do establish Mr. Nathaniel Clark to be Lieu- tenant of the 3d company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Samuel Carpenter to be Ensign of the 3d company or trainband in the 11th regiment in tliis Colony. This Assembly do establish Mr. Charles Churchil to be Captain of the lOtli company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Martin Kellogg to be Lieu- tenant of the 10th company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Josiali Mack jun. to be Ensign of the company or trainband in the parish of Gilead in the town of Hebron in the 12th regiment in this Colony. lliis Assembly do establish Mr. Jonathan Humphry to be Captain of the 2d company or trainband in Symsbury in the 1st regiment in this Colony. This Assembly do establish Mr. Hezekiah Humphry to be Lieutenant of the 2d company or trainband in Symsbury in the 1st regiment in this Colony. This Assembly do establish Mr. Samuel Foot to be Ensign of the 2d company or trainband in Symsbury in the 1st regi- ment in this Colony. This Assembly do establish Mr. David Orcutt to be Captain of the 7th company or trainband in the 5th regiment in this Colony. 17G2.] OP CONNECTICUT. 17 This Assembly do estalJish Mr. Timothy Ed son jun. to be Lieutenant of the 7th company or trainband in the 6th regi- ment in tliis Colony. This Assembly do establish Mr. John Blogget to be Ensign of the 7th company or trainl)aiid in the 5th regiment in this Colony. This Assembly appoints Ebenezer Williams, Esq"", Lieuten- ant-Colonel of the 11th regiment in this Colony. Whereas in compliance with his Majesty's pleasure, signified to his Honour the Governor by letter from the Earl of Egre- mont, one of his Majesties principal Secretaries of State, to influence and induce this Colony to raise recruits for the re- gular regiments in America, it was resolved by the General Assembly by special appointment of his Honour the Governor conven'd and holden at New Haven the 4th of March last, encouragement should be given to the numl)er of five hundred and seventy-five effective men in this Colony, not under eighteen nor above forty years of age, to enlist themselves for said service, and that the sum of five pounds should be al- lowed and paid as a bounty to each man so enlisting and ap- proved of by the King's Commander-in-Chief, in addition to the sum of five pounds New York money by his Excellency General Amherst promist to each such volunteer : This Assembly, still zealously attentive to his Majesty's said im- portant service, and that no practicable expedient in further- ance thereof be neglected, do now resolve, that a further sum of forty shillings to each such effective man voluntarily to enlist as above-said be as a bounty allowed, drawn for and paid as aforesaid, in addition to said sum of five pounds granted in March last ; and that such bounty be paid to all who shall so enlist by the fifteenth day of August next, un- less the full and entire number of five hundred and seventy- five happen before said fifteenth of August to be inlisted for said service. This Assembly appoints Capt. Nathaniel Farrand, of Mil- ford, to be Surveyor of Lands in the county of New Haven. This Assembly appoints Nathaniel Matson jun., of Lyme, to be a Surveyor of Lands within and for the county of New London. [459] Upon the petition of Jeremiah Sherwood, Thomas Staples the 2d, and Humphry Ogden, all of Fairfield in Fair- field county, listers for the town of Fairfield the year 1761, representing to this Assembly that Joseph Wakeman of said Fairfield designedly left out of his list for said year rateable estate to the amount of one hundred and one pound, for which 3 18 PUBLIC RECORDS [^fay, estate the said Wakeman was fourfolded to the amount of <£404 : that the [said] Wakeman having made application to the authority and selectmen of said Fairfield for relief respecting said fourfolds, the same were by said authority and selectmen abated, under pretext and colour of a lease produced by said Wakeman of said estate to one John Hoag robate in the district of Pom- fret therein. Upon the memorial of Oliver Fairchild of Newtown, con- servator of the person and estate of Peninah Turner of said New Town, being 7ion compos mentis, shewing to this Assem- bly that the expences paid for her support as allowed by the county court within and for the county of Fairfield is £h\ Is. l^d. and that the said memorialist has paid X9 10s. Sd. of said debts with the said Peninah's personal estate, which is all the personal estate she has, and that there remains yet unpaid X44 16s. lOid. of said debts ; therefore prays this Assembly to appoint himself, or some other meet person, to sell so much of the real estate of the said Peninah as may be sufficient to discharge said debts of £44 IG.s. lOld. with the incident [482] charges arising thereon, as per memorial on file : || Re- solved l)y this Assembly, that the said Oliver Fairchild l)e impowered, and he is hereby impowered, to sell so much of the real estate of said Peninah Turner as may be sufficient to discharge said debts of £44 16s. lOid. with the incident charges of said sale. Upon the memorial of Eliphalet Comstock, of Kent in the county of Litchfield, shewing to this Assembly that the dwell- ing4iouse of him, the said Eliphalet, was on the evening after the 23d day of April last past consumed to ashes, and amongst other things that the said Eliphalet had sundry paper bills on the Colony of Connecticut to the amount of £5 3s. Qd. 3, lawful money, consumed in the said fire, and praying to this Assembly to grant to him the said sum of £5 3s. 6d. 3, to be paid out of the treasury of this Colony : Resolved by this Assembly, that the said memorialist be allowed to receive the said sum of £5 3s. Qd. 3, lawful money, out of the public treasury of this Colony ; and the Treasurer is hereby ordered to pay the same accordingly. Upon the memorial of Daniel Greenel and Mary Greenel, jun., administrators on the estate of William Greenell late of Saybrook, deceased, representing to this Assembly that the lTr)2.] OF CONNECTICUT 43 debts due from the estate of said deceased surmount the per- sonal estate of said deceased the sum of £t')3 4.s. 2id., and praying for liberty to sell so much of the real estate of said deceased as will raise said sum with the incident charges arising thereon : Resolved by this Asseml)ly, that so much of the real estate of said deceased be sold ; and Mr. Joseph Spencer of said Saybrook is hereby impowered to sell so much of the real estate of said deceased as will raise said sum with the incident charges arising thereon ; taking the direction of the court of probate in the district of Guilford therein. Upon the memorial of Abraliam Cruttendeii, of Durham in the county of New Haven, shewing to this Assembly that the ilel)ts and charges due from the estate of John Cruttenden late of said Durham, deceased, exhibited to the court of pro- bate for the district of Middleton and allowed by said court, surmount the moveable part of the estate of said deceased the sum of £60 18s. l^d. ; praying this Assembly to appoint and inipower some meet person to make sale of so much of the real estate of said deceased as will raise said sum of X60 18.S'. lid. with tlie incident charges arising on said sale : Resolved l)y this Assemlily, that lil^erty is hereby granted ; and Capt. James Curtis jun. of Durham is appointed and im- powered to make sale of so much of the real estate of said deceased as will raise said sum of £60 18s. l^d. with the in- cident charges arising on said sale ; taking the direction of the court of probate lor the district of Middleton therein. Upon the memorial of Daniel Osborn, of Fairfield in Fairfield county, conservator over Thaddeus Osborn of said Fairfield, [488 I II a person 7ion compos mentis, representing to this As- sembly that he hath expended for the support of said Thad- deus Osborn the sum of twenty-nino pounds six shillings and five pence, which sum hath been allowed l)y the county court within and for the county of Fairfield ; that the said Thad- deus hath no moveable estate wherewith to satisfy said sum or any part thereof ; praying for liberty to sell so much of the real estate of said Thaddeus Osborn as will be sufficient to pay and satisfy said sum with the incident charges arising thereon &c., as per memorial on file : Resolved by this As- sembly, that the memorialist have liberty, and liberty and au- thority is hereby granted to him, to make sale of so much of the real estate of said Thaddeus Osborn as will be sufficient to pay and answer said sum of twenty-nine pounds six shillings and five pence with the incident charges arising thereon. Upon the memorial of Uriah Brigham, Stephen Brighara 44 PUBLIC RECORDS [May, and Catharine Carpenter, representing; to this Assembly that Elnathan Brigham late of Mansfield, deceased, sometime be- fore his death, while he was in perfect mind and memory, did settle his estate agreeable to his mind and will, in which set- tlement he, said Elnathan, made and executed sundry deeds of his lands to his children and grandchildren, mentioned and described in said deeds, some of which deeds the said Elna- than acknowledged before proper authority and gave to the grantees mentioned in said deeds, and that there remained at said settlement, viz . on the 6th day of February 1754, three deeds made and executed by the said deceased to his children and grandchildren dated said sixth of February, which were through forgetfulness <&c. never acknowledged by said Elna- than before proper authority : one of which deeds was made to said Uriah of about sixty acres of land lying in the south- erly part of the township of Willington ; one other of said deeds to said Stephen, conveying to him a certain parcel of land lying in the southerly part of the township of said Wil- lington and the northerly part of the lot No. t-', containing one hundred and ten acres ; the other deed is to Thomas Paul and Dinah Brigham, conveying to them all the said Elnathan's land lying in the town of Coventry, in Andover parish at a place called Bear-Swamp, said lands laid out in sundry di- visions ; reference to said deeds &c. ; praying to this Assembly that said three deeds may be entered on the records of and in the several towns where said lands lye in the same manner as if the same had been acknowledged by the grantor before proper authority according to law, with the evidence on each of them indorst of tlieir being duly executed, and that the town-clerks of each of said towns be ordered to enter the same in manner aforesaid, and that each of said three deeds, or copies thereof from said records, may be given in evidence and received as if the same had been acknowledged &c. : [484] Resolved by this Assembly, that said three deeds before-mentioned and descril:ed with the evidences (hereon may be entered at large on the records of and in the towns where said lands (in said deeds described) do lye, and that the town-clerks of said several towns be and they are hereby ordered and directed to receive and enter at large on the records of said towns the said deeds when desired, in the same manner as if said deeds had been acknowledged before proper authority, and that said deeds and copies thereof prop- erly attested shall be as good evidence in law as if said deeds had been acknowledged as is provided by the laws of this Colony. 1762.] OF CONNECTICUT. 45 Upon the memorial of Abigail Adams, administratrix on the estate of Capt. Faniuel Adams late of Canterbury, de- ceased, shewing to this Assembly that the debts (hie from the estate of said deceased, charges &c., surmount the movealile estate of the deceased tlic sum of X98 4s. 9d. lawful money ; praying for liberty to sell so much of the real estate of said deceased as to pay said sum of £98 4s. 9c?. with the neces- sary charges arising thereon : Resolved by tliis Assembly, that the said memorialist have liberty, and libeity is hereViy granted to her and she is impowered,to sell so much of the real estate of said deceased as to pay the said sum of £98 4s. 9d. lawful money, with the necessary charges arising thereon ; taking the directions of the court of probate for the district of Plainfield therein. On the memorial of Hannah Tracy, of Groton in New Lon- don county, administratrix on the estate of Shercbiah Tracy of said Groton, deceased, shewing to this Assembly that the debts due from said estate surmount the moveable estate of said deceased the sum of thirty-five pounds, fifteen shillings and ten pence | ; praying that she, or some other suitable person, may be impowered to make sale of so mucli of the real estate of said deceased as to make said sum with the in- cident charges therein arising, taking the advice of the court of probate for the district of New London : Hosolved by this Asseml:)ly, that liberty be granted, and Capt. Robert Geer of said Groton is hereby impowered to make sale of so much of the real estate of said deceas-ed as to make said sum of £85 15s. 10ft?., with the incident charges thereon arising ; taking advice of the court of probate for the district of New London therein. Upon the memorial of Barzillia Handy, administrator on the estate of Abraham Hill late of Woodbury in Litchfield [485] county, deceased, || shewing to this Assembly that the debts, charges and allowances against said estate sur- mount the moveable part of said estate the sum of £26 10s. bd. lawful money, and praying for lilierty to make sale of so much of the real estate of the said deceased as to make said sum, ort cfec. on file appears : Resolved by this As- sembly, that Joseph Piatt, Comfort Starr and Richard Fair- man, Esq"'^, be and they are hereby appointed a committee, to view the circunistauces of tiie memorialists, their situation, and consider the limits proposed in said memorial and auy other limits that may be proposed for a parish, and the cir- cumstances of the adjoining- societies, hear all parties con- cerned, and make repoi't thereof with their opinion thereon to the General Assembly to be 1 1 olden at New Haven in October next. Upon the petition of Jeremiah Barret of Hartford, repre- sentiug to this Assembly that at the county court held at Norwich within and for the county of New London by ad- [490] jourument, Edward Eells of Stonington || recovered judgment against him, said Barrett, by default, and that he was hindered attending at said court and defending in said cause by uuforseen accident ; that judgment was recovered for a large sum, when nothing was due to said Eells ; praying for another trial in said cause at the county court in said New London county in June next, or some other way order and enact, so that justice may be done. The petitioner and pe- titionee appeared before this Assembly and moved that the matters of difference between them for which said suit was brought, mentioned and recited in said petition, might be re- ferred to a committee for determination &c. : Resolved by this Assembly, that Ebenezer Bachus, Matthew Talcott and Jeremiah Miller, Esq""*., be a committee, and they are hereby a])pointed a committee, to hear said parties on said matters of difference between them and referred to in said petition, and give their opinion thereon and make report thereof to this Assembly. On the petition of Jeremiah Barrett of Hartford, complain- ing tliat Edward Eells of Stonington obtained judgment against him on default at the adjourned county court held at Norwich on the first Tuesday of February, 1762, in an action brought by the said Eells against the said Barrett at the said court for his, the said Barret's, negligently stowing a large quantity of cheese by him, the said Eells, put on board a cer- tain sloop at Stonington harbour, of which the said Barrett was then master, and which the said Barrett received of said Eells to transport ni said sloop to Boston, and that by reason of the said Barrett's negligently stowing said cheese unnecessarily 52 PUBLIC RECORDS [May, delaying said voyage much of said cheese was hurt and spoiled, and the said Barret complaining he was unavoidably hindered appearing at said court, and thereupon judgment was had against iiim iis atbiesaid for a large sum when nothing ought in justice to be recovered of hiui ; praying for a new trial of said cause &c., as per petition on file. The parties appearing before this Assembly and agreed to have commis- sioners appointed to hear and consider the matters of differ- ence between them relating to the freighting said cheese and damages complained of as aforesaid, and accordingly Messrs. Ebenezer Backus, Matthew Talcoit and Jeremiah Miller, Esqrs., were appointed a committee to iiear and report iheir opinion on the matters of difference aforesaid, and their report thereon made, viz : that there is justly due to the said Edward Eells from the said Barret the sum of forty-seven pounds five shillings and seven pence half-penny as damages, and also tliat the said Barrett pay the said Eells the cost arisen thereupon : Resolved by this Assembly, that the said Eells recover of the said Barrett the sum of .£47 bs. l^d. and his cost taxed at £7 l7s. 10c?. lawful money, and that execution go forth accordingly. [491] Upon the memorial of William Whiting of Hart- ford, shewing to this Assembly that judgment was obtained in favour of the Treasurer of this Colony before the superior court held at Norwich in the county of New London on the fourth Tuesday of March, 1762, against said memorialist and Lem- uel Yorce of said Norwich, for the sum of £50 06-. Oc^. lawful money, beside cost, which judgment was obtained on a bond of recognizance given by said memorialist and said Lemuel for the appearance of Henry Vorce of said Norwich, who was prosecuted on suspicion of uttering a counterfeit dollar : any taxes to tlie said town of Litchfield that shall hereafter be granted for the support of the gospel, maintain- ing of schools, and for building or repairing of meeting-houses in said Litchfield &c.: Resolved by this Assembly, that the said John Humiston and Ephraim Sanford be and they are hereljy annexed to the said parish of Northbury and exempt- ed from paying any taxes to the town of said Litchfield that shall hereafter be granted for tlie support of the gospel, maintaining of schools and for building or repairing of meet- ing-houses in said Litchfield, and pay their said taxes here- after to be granted to the said parish of Northbury, during the pleasure of this Assembly. Upon the memorial of Daniel Lawrence and others, in- habitants of the town of Canaan in Litclifield county, repre- senting to this Assembly tliat the said town is conveniently situated for two societies ; that they cannot without great difficulty attend divine service at one place, and their present meeting-house is too small to contain so great a number of people as belong to said town and are now able to maintain two ministers &c.; praying that said town may be divided in- to two societies &c., as per memorial on file appears: Re- solved by this Assembly, that Erastus Wolcott, William Pit- kin Jr,n. and John Stiong, Esq''', be and they are hereby appointed a committee to repair to said town, view the cir- cumstances thereof, hear all parties concerned, and make report of wliat they shall find with their opinion thereon, to this Assembly at their sessions at New Haven in October next. Upon the memorial of Samuel Smith, conservator of the person and estate of Samuel Morton, a person non compos mentis, shewing to this Assembly that the debts due from said Morton and expences already paid lor his support ex- ceed his moveable estate the sum of £18 14.?. Sd. lawful money ; praying for liberty to sell one piece of land in said Hartford, containing about twenty five acres, as per memorial on file etc.: Resolved by this Assembly, that the memorialist have liberty, and liberty is hereby granted, to sell said twenty- five acres of land for tlie payment of said £18 14s-. Sd. lawful money and for his future support ; taking the direction of the county court for Hartford county therein. Upon the memorial of John Knight of Norwich, represent- ing that before the superior court held at New London in and for the county of New London on the 4tli Tuesday of [496] September, A. D. 1761, || on an indictment exhibited against him, the said John, for the murther of one Ebenezer 1762.] OF CONNECTICUT. 57 Rood and tryal thereon, the petty jury brought in a special verdict setting forth certain facts they found in said cause and the law thereon referred to said court, viz : wliether the said John Knight was guilty of murther or manslaughter, wliich said court thereon gave judgment against the said John, that he was guilty of murther ; and further comphiining that many circumstances that really attended said transaction and which probably would have been favourable for the said John were by mistake omitted in said special verdict; praying for an- other tryal in said cause, as per memorial on file : Resolved by this Assembly, that the said John Knight have a new tryal of said cause at the superior court to be held at New London on the 4th Tuesday of September next, and a new tryal of said cause is hereby ordered accordingly. On the memorial of Samuel Talcott and Sarah Flagg, ex- ecutors of the last will and testament of Samuel Flagg late of Hartford, deceased, praying for liberty to make sale of so much of the real estate of the said deceased as will procure the sum of three hundred pounds lawful money, for the pay- ment of the debts due from said estate with incident charges of sale Ac, as per memorial on file: Resolved by this Assembly, that liberty be granted, and liberty is hereby granted to said Samuel Talcott and Sarah Flagg and they are hereby impowered, to make sale of so much of the real estate of the said deceased as will raise the sum of three hundred pounds lawful money with necessary charges arising on the sale thereof; taking the advice of the court of probate in the district of Hartford therein. Upon the memorial of Thomas Curtis, administrator on the estate of Jonathan Collins late of Weathersfield, deceased, shewing to this Assembly that the debts and charges arisen on the estate of the deceased, with necessaries set out to the widow of said deceased, surmount the moveable part of the estate of the deceased the sum of -£17 7s. 10c?. lawful money, for the payment of which sum the memorialist hath no move- able estate to pay the same ; praying that liberty be granted to the memorialist or some other meet person, to make sale of so much of the real estate of the deceased as will procure said sum of <£17 7s. 10c?. lawful money with incident charges arising thereon, for the payment of said debts, as per memo- rial on file &c. : Resolved by this Assembly, that Captain Thomas Curtis of Weathersfield, the said administrator, have liberty, and he hath hereby liberty and full power, to sell so much of the real estate of the deceased as will procure the sum of X17 7s. 10c?. lawful money, for the payment of the 58 PUBLIC RECORDS [May, debts of the deceased, with incident charges arising thereon ; taking the direction of the court of" probate for the district of Hartford thereon. [496] Upon the memorial of Jonathan Merrell and others, inhabitants living at the east tier of lots in the town of New Hartford adjoyning to Symsbury, representing that they live at a great distance from the place of public worship in the said town, and their travelling to meeting is many times very hazardous on account of the great river in their way ; praying to be annexed to the west society in Symsbury (fee. : Re- solved by this Assembly, that the memorialists and all others living on the east side of said river on said east tier of lots and their lands lying in said tier on the east side of said river as aforesaid shall be, and they are hereby, annexed to the said west society in said Symsbury, and henceforth are ex- empted from taxes for the support of the ministry or school- ing, or for building or repairing of meeting-houses in said New Hartford. Upon memorial of the inhabitants of tlie town of Ilartland in the county of Litchfield, representing that the county court for said county, upon application to them made, had affixed and ascertained a place for the building of a meeting-house for divine worship in said town to good satisfaction of said in- habitants ; that their circumstances were low and a great part of the lands in said town are owned by non-residents ; praying for a land tax Referees. Richard Wait, ) The foregoing return of the gentlemen subscribing thereto mutually chosen by the parties therein mentioned, to deter- mine the controversy between them referred to in the same, is approved of, established and confirmed l)y this Assembly, and ordered to be recorded. On the memorial of Andrew Waterman, administrator on the estate of Ezra Fitch late of said Lebanon, deceased, shew- ing that the debts and charges due from the estate of said deceased surmount the inventoried moveable part thereof the sum of i£95 Os. ^d. in lawful money ; praying for liberty to make sale of real estate of said deceased sufificient to raise and pay the said sum and incident charges &c., as per the said memorial on file : Resolved by this Assembly, that the said administrator have liberty, and liberty and authority is hereby granted to him, to sell so much of the real estate of said Ezra Fitch, deceased, as shall be sufficient to raise and pay said sum of £95 Os. Qd. lawful money with the incident charges; taking the direction of the court of probate for the district of Windham therein. On the petition of Mary Gold, of Stratford in the county of Fairfield, vs. Hezekiah Gold, of Cornwall in the county of Litchfield, (clerk,) Thomas Gold of the parish of Reading in the town of Fairfield in the county of Fairfield, Abigail Gold of said Reading, Agnr Tomlinson of Stratford in the county 1762.] OP CONNECTICUT. 117 of Fairfield, Esqr, and Mary his wife, Abraham Tomlinsoii of said Stratford and Reliecca his wife, Samuel Curtis of said Stratford and Huldah his wife. Levy Hubbard of Guilford in the county of New Haven and Anna his wife, Jozeb Stocking and Mary Stocking- both of Middleton in the county of Hart- ford, as on file : The question was put, whether the prayer of said petition should be granted: Resolved by this Assem- bly in the negative. Costs allowed respondents is <£8 Qs. 9c?. lawful mo7iey. JEx. granted Oct. Qth, 1762. On the petition of Ebenezer Fitch, of Norwich in the county of New London, vs. Joseph Roach and William Roach, both of Nantucket in the county of Nantucket and Province [536] II of the Massachusets Bay, as on file : The question was put, whether the pleas offered by the respondents in al)atement of said petition are sufficient to abate the same : Resolved in the affirmative. On the petition of James Delopp, of Canterbury in the county of Windham, vs. Francis Morse of said Canterbury, as on file : The question was put, whether the pleas offered by the respondent in abatement of said petition are sufficient to abate the same: Resolved by this Assembly in the affirma- tive. Co.^t allo'wed respondent is £\ 14.s. Qd. lawful money. Ex. granted Jan. 22d, 1768. On the petition of Joseph Bishop and Keturah his wife, both of Say brook in the county of New London, vs. Abner Parker of said Saybrook, as on file : The question was put, whether the pleas offered by the respondent in abatement of said petition are sufficient to abate the same : Resolved by this Assembly in the affirmative. Cost allowed respondent is £2 5s. 2d. laufid money. Ex. granted Jan. 3c?, 1763. On the ])etition of Mathew Copley jun., of Suffield in the county of Hartford, vs. William Utley of Suffield aforesaid, as on file : The question was put, whether the prayer of said petition should be granted : Resolved by this Assembly in the negative. Cost allowed respoiident is £1 XOs. Gd. laiv- ful money. Ex. granted Decern. 24:th, 1762. On the petition of Lucretia Wells, of Groton in the county of New London, vs. Obadiah Coats, of Stonington in said county, administrator on the estate of David Coats of said Stonington, late deceased, as on file : The question was put, whether anything prayed lor in the said i)etitiun should be granted : Resolved by this Assembly in the negative Cost allowed respondents is £1 18.5. 4d. lawful money. Ex. granted March 1 Ith, 1763. On the petition of Stephen Lee, of New London in the 118 PUBLIC RECORDS [October, county of New London, vs. Christopher Christophers of said New London, Esq"", as on file : The question was put, whether in i)roceeding to and rendering the judgment of the superior court, mentioned ami referred to in said petition, error hath intervened s is £1 5s. iid. lawful money. On the petition of Ichabod Wetmore, of Middlctown in the county of Hartford, vs. Samuel Lancelott, of Weathersfield in the said county of Hartford, as on file : The question was put, wbether in proceeding to and rendering the judgment of the superior court referred to in the said petition error hath inter- vened, as alledged and complained of by the petitioner : . Re- solved by this Assembly in the negative. Cost allowed respond- ent is £1 lis. Od. lawful money. On the petition of Samuel Eno, one of the inhabitants, and the rest of the inhabitants of the town of Windsor in the coun- ty of Hartford, vs. Elisha Pratt of Somers in said county of Hartford, as on file: The question was put, whether the pray- er of said petition should be granted : ResDlved by this As- sembly in the negative. Cost alloived respondent is £1 12s. Sd. lawful money. Ex. granted Jan. 22d, 1768. 1762.] OF CONNECTICUT. 110 On the petition of Elizur Hubbard and Prudence Hubbard, of Glastonlmry in the county of Hartford, vs. Mary Mallet and Peter Mallet, of Stratford in the county of Fairfield, as on file : The question was put, whether the petitioners shall have the liberty of another tryal of the several causes referred to in the petition, as therein prayed for : Resolved by this Assembly in the negative. Cost allotved respondents is £1 12s. Qd. law- ful money. [537] Resolved by this Asseinhly., That his Honour the Governor be desired to send for the Treasurer of this Colony, immediately to repair to New Haven with a sufficient sum of money to pay off the debenture of this Assembly ; also that he bring with him the accounts he was directed by the Assemldy in May last to prepare and lay before the Assembly at their present sessions. This Assembly grants to his Honour the Governor the sum of one hundred and fifty pounds, for his salary for the last half of the current year. This Assembly grants to his Honour the Deputy Governor the sum of fifty pounds, for his salary for the last half of the current year. Ordered, That the Treasurer of this Colony pay out of the public treasury unto the Honourable Thomas Fitch, Esq"", Governor, the sum of one hundred twenty-four pounds seven shillings and ten pence in bills of this Colony, for his care and service in drawing bills of exchange from the 17th day of October, 1761, to the 30th of September, 1762, for monies granted by Parliament belonging to this government and lodged in the hands of the Agent in England. This Assembly doth grant to Mr. Timothy Green, printer, fifteen pounds, for his salary the first half of the current year, and the Treasurer is ordered to pay the same accordingly. This Assembly appoints John Chester, Daniel Edwards, Esqrs, Col. Samuel Talcott and Col. William Pitkin, to attend his Honour the Deputy Governor at Hartford, to hear the records of the acts and doings of this Assembly publicly read, and see the same signed by the Secretary as perfect and com- plcat. This Assembly was adjourned by proclamation until the Governor, or in his absence the Deputy Governor, shall see cause to call it to meet again. Signed by George Wyllys, Secret'y. [End of Volume IX.] 120 PUBLIC RECORDS [May, [Volume X, Page 1.] Anno Regni Regu Georgii tertii tertio. At a General Assembly of the Governor and Company op HIS Majesty's English Colony of Connecticut in New- England in America holden at Hartford in said Colony on the second Thursday of May (being the twelfth day of said month) and continued by several adjournments until the eighth day op June next following, annoque Domini 1763. Present : The Hon^'''' Thomas Fitch, Esquire, Governor. The Hon'''*^ William Pitkin, Esquire, Deputy Governor. Ebenezer Silliman, Jonathan Truinble, Hezekiah Huntington, Andrew Burr, John Chester, Benjamin Hall, Daniel Edwards, Jabez Hamlin, Matthew Griswold, 1 Esquires Shubael Conant, ^ Asshtants. Elisha Sheldon, Eliphalet Dyer, J Representatives or Deputies ivlio attended this Assembly are as foHo'W, viz : Hartford, Col. Samuel Talcott, Col. William Pitkin jun. New Haven, Mr. Daniel Lyman, Mr. Sam' Bishoj3. New London, Capt Pygan Adams, Capt. Jeremiah Miller. Fairfield, Mr. David Rowland, Mr. David Burr jun. Windham, Mr. Sam^ Gray, Mr. Samuel Maning. Litchfield, Col. Ebenezer Marsh, Capt. Isaac Baldwin. Norwich, Capt. Jabez Huntington, Mr. Isaac Tracy. Stamford, Col. Jonathan Hait, Abraham Davenport. Torington, Mr. John Cook, Mr. Epaphras Sheldon. Brandford, Mr. Josiah Rogers. New Milford, Mr. Bushnel Bostwick, Mr. Sam^ Bostwick. Guilford, Mr. Samuel Robinson, Mr. Nath' Hill. Farmington, Mr. Solomon Whitman, Capt. John Strong. Milford, Capt. John Fowler, Mr. Robert Treat, Sufiield, Capt. Sam' Kent jun., Mr. William King. Windsor, Mr. William Wolcott, Capt. Josiah Bissell. Voluntown, Mr. John Gordon, Mr. Robert Jameson. Kent, Mr. Cyrus Marsh, Mr. Nathan Elliot. Haddam, Mr. Hezekiah Brainerd. Colchester, Mr. Daniel Foot, Mr. John Hopson. Stafford, Capt. Isaac Pinney, Mr. Samuel Davis. Killinworth, Capt. Theophilns Morgan, Mr. Benjamin Gale. Tolland, Capt. Zebulon West, Capt. Samuel Chapman. Goshen, Capt. Moses Lyman, Capt. Samuel Nash. 1763.] OP CONNECTICUT. 121 Derby, Capt. Sam' Basset, Mr. Joseph Hull jiin. Salisbury, Mr. Johu Everts, Capt. James Laudon. Harwinton, Mr. Daniel Catling. New Hartford, Capt. Isaac Kellogg, Mr. Martin Smith. Stratford, Colo. Robert Walker, Capt. Ichabod Lewis. Norwalk, Mr. Thomas Fitch jun., Mr. I'eter Lock wood. Lyme, Mr. Johu Lay 2d, Mr. Samuel Holden Parsons. Hebron, Mr. Benjamin Buell. [2] Woodbury, Mr. Daniel Sherman, Capt. Increase Moseley. Sharon, Capt. John Williams, Capt. Caleb Jewet. Woodstock, Capt. Nehemiah Lyon, Mr. Eben"" Smith jun. Killingly, Mr. Bryant Brown, Mr. Ebenezer Learned. Asliford, Mr. Amos Babcock, Mr. Ezra Smith. Coventry, Mr. Phineas Strong, Mr. Ephraim Root. Endfield, Capt. Joseph Olmstead, Mr. Edward Collins. Mansfield, Mr. Benjamin Chaplin, Mr. Jonathan "Gurley. Canaan, Colo. David Whitney, Capt. Charles Burrell. Wallingford, Mr. Charles Whittlesey, Capt. Samuel Hull. Bolton, Capt. Benjamin Talcott, Mr. Stephen Cone. (,'Ornvval, Mr. Thomas Russell, Mr. Joshua Pierce. Danl)ury, Capt. Daniel Benedict, Mr. Joseph Piatt Cook. Weathersfield, Capt. Elisha Williams, Capt. Thomas Belding. Pomfret, Colo. Ebenezer Williams. Stoniiigton, Capt. Joseph Denison, Mr. Simeon Minor. Saybrook, Mr. John Shipman, Major Jedediah Chapman. Glastonbury, Mr. John Kimberly, Mr. William Welles. Lebanon, Capt. Joshua West, Mr. William Williams. Groton, Colo. Christopher Avery, Capt. Jabez Smith. Waterbury, Capt. Timothy Judd, Mr. Stephen Upson jun. Symsbury, Mr. Hezekiah Humphry, Capt. John Case. Preston, Mr. Joseph Kinnee, Capt. John Tyler. Ridgfield, Mr. Timothy Keeler. Plainfield, Capt. Isaac Ooit, Captain John Douglass. Canterbiiry, Mr. John Curtiss, Capt. Obadiah Johnson. New Town, Mr. Daniel Booth, Capt. Amos Botsford. Sommers, Mr. Joseph Sexton. Midletown, Mr. Seth Whetmore, Mr. Mathew Talcott. Durham, Colo. Eliliu Chauncey, Capt. James Wadsworth. Greenwich, Capt. Jabez Sherwood. East Haddam, Colo. Joseph Spencer. Capt. Jaljez Huntington, Speaker | of the House Mr. Abraham Davenport, Clerk ) of Representatives. [3] This day being appointed by the royal charter and the laws of this Colony for the Election of the public officers of said Colony, viz : Governor, Deputy Governor, Assistants, Treasurer 16 122 PUBLIC RECORDS [May, and Secretary, proclamation was made, and then the votes of the freemen were given in to the persons appointed by the Governor, Council and Representatives, to receive, sort and count them ; which persons so appointed were, Jonathan Trumble, Hezekiah Huiitington, John Chester, Benjamin Hall, Daniel Edwards, Jahcz Hamlin, Mathew Griswol i, Shu- bael Conant, Elisha Sheldon, Eliphalet Dyer, Esqfs, Colonel Samuel Talcott, Mr. William Wolcott, Mr. Samuel Bishop, Capt. James Wadsworth, Mr. Simeon Minor, Capt. Jeremiah Miller, Mr. David Burr, Mr. Thomas Fitch jun., Mr. John Curtice, Mr. Samuel Gray, Colo. Elienezer Marsh and Mr. Cyrus Marsh, who were all sworn to a faithful discharge of that trust. And the freemen's votes being brought in, sorted and counted. The Honi^'e Thomas Fitch, Esq"", is chosen Governor of this Colony for the year ensuing. The Hon^ie William Pitkin, Esq"", is chosen Deputy Gover- nor of this Colony for the year ensuing. Ebenezer Silliman, Esq"", Jonathan Truml)le, Esqf, Heze- kiah Huntington, Esq^", Andrew Burr, Esq"", John Chester, Esq"", Benja. Hall, Esq"", Daniel Edwards, Esq"", Jabez Ham- lin, Esqr, Mathew Griswold, Esq^ Shubael Conant, Esq', Elisha Sheldon, Esq"", Eliphalet Dyer, Esq"", were chosen Assistants for the year ensuing. Joseph Talcott, Esq"", is chosen Treasurer of this Colony for the year ensuing. George Wyllys, Esq"", is chosen Secretary of this Colony for the year ensuing. The Governor's oath prescribed l)y the law of this Colony and the oath required by act of Parliament, relating to Trade and Navigation, were administered in presence of this Assem- bly by the Hon^'f William Pitkin, Esq'", Deputy Governor, to the Hon'j'e Thomas Fitch, Esq'", now chosen Governor. The Hon''''^ William Pitkin, Esq'", now chosen Deputy Gov- ernor, had the Deputy Governor's oath, prescribed by law, administered to him by his Honor the Governor in tlie pre- sence of the Assembly. The Assistant's oath, prescribed by law, was administered by his Honor the Governor to Ebenezer Silliman, Jonathan Trumble, Hezekiah Huntington, Andrew Burr, John Chester, Benjamin Hall, Daniel Edwards, Jabez Hamlin, Matliew Gris- wold, Shubael Conant, Elisha Sheldon and Eliphalet Dyer, Esq^'s, now chosen Assistants. The Treasurer's oath, prescribed by law, was administered by his Honor the Governor to Joseph Talcott, Esq'", now chosen Treasurer. 1763.] OF CONNECTICUT. 123 The Secretary's oath, prescribed by law, was administered by his Honor the Governor to George Wyllys, Esq"", now chosen Secretary, in the presence of the Assembly. Ordered, That Shubael Conant and Samuel Gray, Esqf^ return the thanks of this Assembly to the Reverend Mr. Stephen White, for his sermon delivered before this Assem- bly on the 12tli instant, and desire a copy thereof that it may be printed. This Assembly do appoint the Hon^^^ William Pitkin, Esq"", to be Chief Judge of the, Superior Courts in this Col- ony the year ensuing. This Assembly do appoint El)enezer Silliman, Esq^, Daniel Edwards, Esqf", Benjamin Hall, Esq"", and Robert Walker, Esq"", to be Judges of the Superior Courts in this Colony the year ensuing. This Assembly do appoint Jabez Hamlin, Esqi'jto be Judge of the County Courts in and for the county of Hartford the year ensuing. [4] This Assembly do appoint Roger Newton, Esq"", to be Judge of the County Courts in and for the county of New Haven the year ensuing. This Assembly do appoint Hezekiah Huntington, Esq"", to be Judge of the County Courts in and for the county of New London the year ensuing. This Assembly do appoint Andrew Burr, Esq"", to be Judge of the County Courts in and for the county of Fairfield the year ensuing. This Assembly do appoint Jonathan Trumble, Esq"", to be Judge of the County Courts in and for the county of Wind- ham the year ensuing. This Assembly do appoint John Williams, Esq^, to be Judge of the County Courts in and for the county of Litchfield the year ensuing. This Assembly do appoint Daniel Edwards, Esq"", to be Judge of the Court of Probate for the district of Hartford the year ensuing. This Assembly do appoint John Hubbard, Esq"", to be Judge of the Court of Probate for the district of New Haven the year ensuing. This Assembly do appoint Gurdon Saltonstall, Esq"", to be Judge of the Court of Probate for the district of New Lon- don the year ensuing. This Assembly do appoint Andrew Burr, Esq% to be Judge of the Court of Probate for the district of Fairfield the year ensuing. 124 PUBLIC RECORDS [May, This Assembly do appoint Jonathan Trumble, Esq"", to be Judge of the Court of Probate for the district of Windham the year ensuing. This Assembly do appoint Jabez Fitch, Esq'", to be Judge of the Court of Probate for the district of Plainlield the year ensuing. This Assembly do appoint Timothy Stone, Esq"", to be Judge of the Court of Probate for the district of Guilford the year ensuing. This Assembly do appoint Daniel Sherman, Esq"", to be Judge of the Court of Probate for the district of Woodbury the year ensuing. This Assembly do appoint Jonathan Hoit, Esq"", to be Judge of the Court of Probate for the district of Stamford the year ensuing. This Assembly do appoint Joseph Spencer, Esq"", to be Judge of the Court of Probate for the district of East Hadam the year ensuing This Assembly do appoint Ebenezer Marsh, Esq^ to be Judge of the Court of Probate for the district of Litchfield tlie year ensuing. This Assembly do appoint Thomas Benedict, Esq"", to be Judge of the Court of Probate for the district of Danbury the year ensuing. This Assembly do appoint Hezekiah Huntington, Esq"", to be Judge of the Court of Probate for the district of Norwich the year ensuing. Tliis Assembly do appoint Jabez Hamlin, Esq"", to be Judge of the Court of Probate for the district of Midletown the year ensuing. This Assembly do appoint Ebenezer Williams, Esq"", to be Judge of the Court of Probate for the district of Pomfret the year ensuing. This Assembly do appoint John Williams, Esq^ to be Judge of the Court of Probate for the district of Sharon the year ensuing. This Assembly do appoint ZebulonWest, Bsq^jto be Judge of the Court of Probate for the district of Stafford the year ensuing. This Assembly do appoint William Wolcott, Zebulon West, Seth Wetmore and Samuel Talcott, Esquires, Justices of the Peace and Quorum for the county of Hartford the year ensu- ing. [6] This Assembly do appoint Thomas Wells, Phineas Lyman, Joseph Talcott, George Wyllys, Thomas Hosmer, 1763.] OP CONNECTICUT 125 John Ledyard, Jonathan Hills, Thomas Seymour, Daniel Bis- sell, Samuel Eno, Erastns Wolcott, Josiah Bissell, Eliznr Goodrich, Jonathan Bclding, Elisha Williams, Joseph White, Joseph Southmayd, Nathaniel Chauncey, Mathew Talcott, Joseph Hooker, John Hooker, Solomon Whitman, Hezekiah Gridley, Jared Lee, Joseph Hart, John Strong, John Owen, Judah Holcomb, Hezekiah Humphrey, Jona. Pettibone, Sam- uel Kent jun., Hezekiah Brainerd, Joseph Wells, Joseph Spencer, Daniel Cone, Daniel Brainerd jun., Jonathan flale, John Kimberly, William Wells, Epaphras Lord, John Wat- rous, John Phelps, Alexander Phelps, Thomas Pitkin, Elisha Steel, Abner Barker, Isaac Pinney, Samuel Reynolds, Eph- raim Terry, John Pitkin, Daniel Foot, Esq", to be Justices of the Peace for the county of Hartford the year ensuing. This Assembly do appoint Joseph Fowler, Esq^, a Justice of the Peace for the county of Hartford the year ensuing. This Assembly do appoint John Hubbard, Esq^, Elihu Chauncey, Esq"", Timothy Stone, and Thomas Darling, Esqrs, Justices of the Peace and Quorum for the county of New Haven for the year ensuing. Tbis Assembly do appoint Samuel Sherman, John Whiting, Samuel Sacket, Daniel Lyman, Roger Newton, Robert Treat, Nathan Baldwin, Joseph Woodruff. John Fowler, Samuel Bas- sett, Samuel Riggs, Timothy Russell, Daniel Holbrook, Charles French, Tbomas Clark, Thomas Mathews, Joseph Hopkins, Caleb Humniiston, Samuel Hall, Jobn Hall 2d, Elihu Hall, Ezekiel Rice, Caleb Merriman, Charles Whittlesey, James Wadsworth jun., Tbeophilus Roseter, Samuel Robinson, Nathaniel Ruggles, John Grave, Nathaniel Hill, Jonathan Russell, Samuel Barker, Josiah Rogers, James Barker, Wil- liam Hoadly, Samuel Hemingway, Esq^^ Justices of the Peace in and for the county of New Haven for the year ensuing. This Assembly do appoint John Griswold, Esq^, Christopher Avery, Esq"", Isaac Huntington, Esq^, Richard Lord, EsiY, Pygan Adams, Esq"", Justices of the Peace and Quorum for the county of New London for the year ensuing. This Assembly do appoint John Richards, Daniel Coit, Wil- liam Hilhouse, Jeremiah Miller, Ebenezer Bachus, Jabez Huntington, William Wliiting, Jacob Perkins, Ebenezer Harts- horn, Humphry Avery, Simon Tracy jun., Luke Perkins, William Williams, Nathan Smith, Ebenezer Avery, Joseph Deuison, Samuel Prentice, Amos Cheesbrougli, John Williams, Samuel Morgan, Samuel Coit, William Whitter, Nathaniel 126 PUBLIC RECORDS [May, Clark, Jedediah Chapman, John Tulley, Hezekiah Whittlesey, Ehiathan Stephens, Joseph Wilcocks, Benjamin Gale, Aaron Elliot, Samuel Ely, John Lay 2d, Benjamin Lee, George Dorr, Samuel Selden, Esquires, Justices of the Peace in and for the county of New London for the year ensuing. This Assembly do appoint Jonathan Hoit, David Rowland, Samuel Fitch, John Read. Esquires, Justices of the Peace and Quorum for the county of Fairfield for the year ensuing. This Assembly do appoint Robert Walker, Robert Fair- child, Agur Tomlinson, Samuel Adams, Ichabod Lewis, Theophilus Nichols, James Walker, William Burr, David Burr jun., Moses Dimon, Samuel Sherwood, Joseph Piatt, Elias Betts, Theophilus Fitch, Thomas Fitch jun., Jonatlian Maltl)ie, Abraham Davenport, John Ferriss. Peter Mead, Samuel 01m- stead, Samuel Smith the third, Thomas Benidict, Samuel Grigory, Comfort Starr, Epliraim Hubbel, Caleb Baldwin, Ricliard Fairman, Thomas Brush, Thomas Benedict jun., Esquires, Justices of the Peace in and for the county of Pair- field for the year ensuing. This Assembly do appoint Sliubael Conant, Esq^, Justice of Quorum for the county of Windham for the year ensuing. This Assembly do appoint John Dyer, Jabez Fitch and Joshua West, Esq^s, Justices of the Peace and Quorum for the county of Windham for the year ensuing. This Assembly do appoint Jonathan Huntington, Nathan- iel Huntington, Samuel Gray, Jedediah Elderkin, Nathaniel Wales jun., Joseph Clark, William Metcalf, William Williams, Joseph Storrs, Joseph Strong jun., Phineas Strong, Samuel Huntington (of Canterbury,) John Curtiss, Benjamin Wheeler, Samuel Danielson. .Jacob Dresser, Thomas Moffit, Timothy Sabin, Ebenezer Williams, William Osgood, Thomas Williams, John Grosvener, Samuel Chandler, Ebenezer Smith jun., Nathaniel Child, Ebenezer Wales, Elijah Whiton, John Smith, Robert Dixson, Jeremiah Keeney, Isaac Coit, Esquires, Justices of the Peace for the county of Windham for the year ensuing. [6] This Assembly do appoint Colo. Ebenezer Marsh, Increase Mosely, Daniel Sherman, Bushnel Bostwick, Esquires, Justices of the Peace and Quorum for the county of Litchfield for the year ensuing. IMiis Assembly do appoint John Williams, Timothy Collins, Jacob Woodruff, Isaac Baldwin, Daniel Everit, Elisha Stod- dard, Benjamin Hinman, Tilley Blakely, Paul Welch, John Ransom, Daniel Lee, Nathan Eliott, Daniel Griswold of 1763.] OP CONNECTICUT. 127 Sharon, James Landon, John Hutchinson, David Wliifncy, John Bebee, John Beacli, Samuel Pettibone, Moses Lyman, John Patterson, Thomas Russell, Cypriau Webster, A!)ijah Catling, Isaac Kellogg, Mathevv Gillit, John Cook, Epaphras Sheldon, Michael Hiunphry and Samuel Bostwick, Esquires, Justices of the peace for the county of Litchlield for the year ensuing. An Act for Relief of Insolvent Debtors ■who are "willing- to make Dis- covery of and deliver upon Oath their Estates for their Creditors' Benefit, and to release such Debtors from Imprisonment. Whereas provisions for the ease and relief of sr.ch debtors who shall be willing to satisfy their creditors to the utmost of their power may likewise prove for the benefit of such creditors by preventing such debtors from wasting their estates, which ought to be applied towards payment of their debts, and avoiding many inconveniences that often happen to creditors and debtors in cases of insolvency : Therefore, Bf it enacted by the Governor, Gou7icil and Representatives, in General Court assemhled, and hy the authority of the same. That any person or persons who heretofore have been or hereafter shall be arrested at the suit of any creditor or credi- tors, or charged in executions for any sum or sums of money and thereon confined in gaol, who is, are or shall be willing to pay and satisfy their creditors so far as they are able, and to give up his, her or their estate or estates for tlie benefit of his, her or their creditors to be distributed among them in discharge of their debts as far as the same will extend, may exhil>it a petition to the superior courts, or to the judges of said court in the vacation, or any two of them, certifying the cause of his, her or their imprisonment, setting fortli a just and true account of all the sums of money owing by him, her or them, and of the persons to whom, and also a true and compleat in- ventory of all his, her or their estate or estates, both real and personal, in law and equity, and books, bonds, notes and securities relating to the same or any part thereof, except the necessary wearing apparrel and bedding of sucli debtor or debtors and of his and their several wives and children, and praying for the relief provided in this act ; and thereupon the said court, judges, or any two of them, are hereby impowered to administer to such debtor or debtors an oath to the effect following: You A. B. do solemnly swear by the Everliving God, that the petition by you presented doth contain a just and true account of all the monies ov.ing by you, of the persons to whom, and of all your estate real or personal both in law and equity, either in possession, reversion or remainder, to the best 128 PUBLIC RECORDS [May, of your knowledge and remembrance, except the necessary wearing api)arrel and bedding of yourself, your wife and chil- dren, and tliat you have not at any time before or since yoiu' imprisonment, directly or indirectly, sold, conveyed, made over or otherwise disposed of, either in trust for yourself or otherwise than is mentioned in the same account, any part of your lands, estate, goods, stock, money, debts, or otber real and personal estate, whereby to have or receive any benefit or profit to yourself or your family, or with any view or design to deceive, injure or defraud any of your creditors: So help you God. Wbich oath being taken by such debtor or debtors, the said court, judges, or any two of them, being satisfied of tlie truth tliereof shall make a rule or order that tlie creditor or creditors at whose suit such prisoner or prisoners shall stand com- mitted shall be summoned to appear at time and place by said court, judges, or any two of them, appointed for hearing and examining the matter of such petition ; and a copy of such rule and order shall be served on such creditor or creditors, or the attorney last employed by him or them, or left at their respective dwelling-houses or usual places of abt)de, twenty days at least before said day for hearing as aforesaid ; and also notice shall thereupon be given by such debtor or debtors to all their creditors, by advertising the same in one or more of the public news-papers, to shew cause by the day appointed as aforesaid, why an assignment of the estate of such debtor or debtors should not be made and the debtor or debtors there- upon discharged from his, her or their imprisonment ; at [7] which day if the || creditors do not shew sufficient cause to the contrary tliereof, the said court, judges, or any two of them, shall direct a legal grant, conveyance and a short assignment of such debtor or debtors' estate or estates, both in law or equity, to be made by liim or them to such persons as the said court, judges, or any two of them, shall appoint for that purpose, and the same shall thereby vest in the as- signees so appointed according to the estate and interest the prisoner had therein, and they may take possession and sue for the recovery of the same, and no release of such prisoner, his executors or administrators, or any trustee for him subse- quent to such assignment and conveyance, shall be pleadable in bar of any action or suit which shall be commenced by such assignees for any of the prisoner's estate, debts or effects ; and upon such assignment and conveyance being executed, the prisoner shall be dischai'ged out of custody by rule or order of the said court, judges, or any two of them ; and such 176-3.J OF CONNECTICUT. 120 rule or order being produced to and copy thereof left witli the sheriff or gaoler shall be a sufficieut warrant to him to dis- charge such prisoner. And be it further enacted h^ the authority/ aforesaid, That such assignees shall have power and authority to sell and dis- pose of the estate of such debtor or debtors and to execute good and sufficient deeds of the same, to redeem all mort- gages and conditional contracts, and to recover all monies, goods, chattels, effects and estates whatsoever, belonging to such debtor or debtors, in their own names, to and for the use of the creditors, and shall have full power and authority to submit any dispute conceruing any part of such estate, effects, or any matter or thing relating tliereto, or in respect of any debt claimed to be due to such prisoner to the final determin- ation of arbitrators chosen by the assignees and the ]iarty or parties with whom any such difference shall be, or otherwise settle and agree the matter as such assignees shall think fit and can agree, and the same shall be binding to all concerned; and the assignees indemnified for what they shall faithfully and justly do in the premises. And in all cases where mut- ual credit shall have been given between such prisoner and any other person before the delivery of the petition and inven- tory of such prisoner's estate and effects upon oath as before directed, the assignees shall on their part state and allow an account between them, and nothing more shall be deemed as the estate and effects of such prisoner than what shall appear to have been due and coming to him on the balance of such account ; and the assignees shall proceed to convert the estate of such del:)tor or debtors into money as soon as conveniently may be, and shall within a reasonable space of time, not ex- ceeding twelve months, proceed to make a division of all the money that shall come to their hands out of the estate of such debtor or debtors, first giving sufficieut notice of the time and place of making such dividend by advertising the same in one or more of the public news-papers ; and shall, in like manner and upon like notice given, make a second divi- dend of what money may come to their hands or be recovered and received l)y them after the first division, if the whole estate shall not be settled at that time, and so from time to time until a final settlement thereof and a full, just and equal division made of the whole of such estate. A^id be it further enacted bij the anthority aforesaid, That the assignees shall, before any dividend be made, appoint a day and time at least one month before any dividend be made of such estate, by advertising the same in one or more of the 17 130 PUBLIC RECORDS [May, public news-papers, for a general meeting of all such credit- ors as sliall see fit to attend, to examine and ascertain the debts due to each creditor ; and in case of any controversy relating to any debt or sum of money due to any creditor, the same shall be settled by arbitrators, not being creditors, and mutually chosen by the assignees and the creditor or creditors with whom such dispute doth arise, who shall finally settle such controversy and ascertain the sum due to such creditor. And in case any creditor upon such controversy arising shall refuse to join in the nomination and appointment of arbitrators, the assignees are hereby impowered to nomin- ate and appoint them. And be it further enacted hy the authority aforesaid^ That such assignees shall, immediately upon the assignment of such debtor or debtors to them made as aforesaid, take an oath, to be administered by the said court, judges, or any one of them, well and faithfully to manage the estate of such debtor or debtors as shall come to his or their hands, and shall for that purpose keep regular books of accounts for their receipts and disbursements of such debtor or debtor's estate, to which every creditor at all seasonable times may have recourse. And the said assignees shall be allowed for [8] their service || such a consideration as the creditors and they shall agree and fix upon or the said court, judges, or any two of them, shall think meet, out of the money receive^ by them, before the division of said estate be made. And he it further enacted hy the authority aforesaid, That for the more full discovery of the goods, chattels, debts, effects and estate of any such debtor or debtors, the said court or judges, or any one of them, upon application made to them or either of them by such assignees, shall have full power and authority to examine the wives of every such debtor or debtors, and all and every other person or persons whatsoever known or suspected to detain any of the estate or to be indebted to such debtor or debtors, and to summon them or any of them for that purpose ; and in case they or any of them refuse to attend upon such summons, having no reason- able excuse, or shall refuse to be sworn, that then it shall and may be lawful for the said court, judges, or any one of them, to commit such person or persons to gaol, there to remain until said person shall submit to be examined in man- ner aforesaid touching the effects of such debtor or debtors. And he it further enacted by the authority aforesaid, That if any creditor or creditors of such debtor or debtors shall neglect or refuse to give notice of and prove his or their 1763.] OP CONNECTICUT. 131 debts in manner herein before directed, within the time herein before mentioned for the first dividend to be made, such creditor so neglecting or refusing sliall lose his share of such dividend, and the assignees shall be discharged of and from the same by this act ; and the whole money shall be divided to and among the other creditors who shall have proved their debts pursuant to the intention of this act. But in case the whole estate of such debtor or debtors shall not be settled and divided at the time of the first dividend, and such neglecting and refusing creditor shall prove and notify the assignees of such debt before the time appointed for the sec- ond, then and in such case such creditor shall have his first div- idend, or so much money as he would have been intituled unto on tiie first dividend, if his debt had been proved before any second dividend be made among the creditors; after which second dividend made no creditor shall be permitted to prove any debt in order to entitle to a share of the debtor's estate, but shall by this act be debarred of and from any share of the same. And be it further enacted by the authority aforesaid^ That every such debtor or debtors giving up his, her or their estates, as aforesaid, and conforming in all things as in and by this act is directed, shall be discharged from all debts owing by him, her or them, at the time of the assignment made ; and if he. she or they be prosecuted for any debt due before he, she or they shall be discharged upon common bail, and shall and may plead in general, that the cause of action accrued before his, her or their discharge by virtue of this act ; and shall and may give this and the special matter in evidence ; and if a verdict pass for the defendant, or the plaintiff become non-suit, or judgment be given against the plaintiff, the defendant shall recover his cost. And be it further enacted by the authority aforesaid^ That if such prisoner shall deliver a false or untrue account, or shall designedly conceal and not insert therein any books, papers, securities or writings relating to his estate or estates, with intent to defraud his creditoi-s, and shall be thereof con- victed on any indictment found against him, he shall suffer the pains and penalties of wilfull perjury. Provided ahvays, and be it further enacted by the authority aforesaid, That all and every sum and sums of money which are and shall be due and owing from such debtor or debtors to the Governor and Company of this Colony, or to the Treasurer thereof for taxes or duties, shall not be subject and liable to a distribution as in cases of other creditors, but the 132 PUBLIC RECORDS [May, whole of such debt, sum and sums of money shall be first paid by such assignees out of the estate of such debtor or debtors before any dividend shall be made thereof, and tiic overplus after deducting such debts, as also after deducting all such cost, charges and expences as shall be necessarily laid out and expended by the said assignees, together witii their allowances for the care and trouble therein, and all cost of suit, })rison and gaol fees against such debtor or debtors, shall be divided and distributed to and among the creditors of such debtor or debtors, in due and equal proportion to their respective debts to them due and owing, in which dis- tribution and division no preference shall be given to debts due by specialty, or to any judgment entered against such debtor or debtors. [9 J Provided always^ and he it hereby enacted hy the authority aforesaid^ That if any person or persons shall be sued or prosecuted by any action, bill, plaint or information, for anything done and to be done by him or them in prose- cution of this act, it shall and may be lawful to and for such person or persons to plead the general issue and give this act and the special matter in evidence. Provided always.^ and be it further enacted by the authority aforesaid. That in case the estate of such debtor or debtors shall be more than sufficient to pay all his or their debts and all costs and charges attending the assignment of the same in pursuance of this act, that then the remainder of the money or estate, after payment of the creditors and all cost and charges as aforesaid, shall be paid by the assignees to such debtor or debtors, his, her or their executors or adminis- trators. Provided nevertheless, That if it shall appear upon such in- quiry by said court, or any two of them as aforesaid, that any such debtor's estate shall not be sufficient to answ^er more than at the rate of fifteen shillings upon the pound of his debts, and the creditor or creditors shall desire to have such debtor in service, it shall be in the power of said court, or any two of them, at their discretion to make an assignment of such debtor to his creditor or creditors, to serve for such time and term as shall be thought just and reasonable for satisfaction of his debts, not exceeding seven years ; which assignment and binding shall be sufficient in law for holding such debtor in service ; anything in this act to the contrary notwithstand- ing. That this act shall continue and be in force for the term of two years from the rising of this Assembly, and no longer : 1763.] OF CONNECTICUT. 133 Provided notwithstanding, that the same shall continue and be in fnll force as to the powers and authorities in all cases that shall be begun within said two. years until a full and final settlement and division shall be made according to the true intent and meaning of this act. An Act in Addition to an Act entitulod An Act for the equal Division and Distribution of Insolvent Estates. Whereas it is in the second paragraph of said act (among other things) provided, that the judge of probate shall allow six, twelve or eighteen months, for the creditors to bring in their claims and prove their debts ; and whereas it often hap- pens that not only that the estates of persons deceased -are found to be very small, but their dealings also to have been very small and contracted, so that little time is needed to set- tle them, It u thereupon enacted, That the judges of probate in their respective districts within this Colony may hei'eafter appoint and limit for such purpose such shorter time, (not less than two months.) as the circumstances of the case may admit of ; said former act notwithstanding. An Act in Addition to an Act entituled An Act for preventing-, punishing and removing Nuisances in Creeks, Rivers and "Water Courses. Be it enacted hy the Governor, Council and Representatives, in Creneral Court assembled, and In/ the authority of the same, That no seine shall be drawn in Windsor Ferry River within one mile from the mouth thereof, nor within a quarter of a mile below the mouth thereof, only in the day time between the rising aud setting of the sun. And every person or per- sons that is convicted of the lireach of this act shall forfeit the sum of ten pounds, the one half to the complainer who shall prosecute to effect, and the other half to the county treasurer where the offence is committed. This act to be in force three yeai-s next after the rising of this Assembly, and no longer. An Act for repealing one Part or Paragraph of the Law entituled An i* ct in Addition to the Law of this Colony entituled An Act for forming and regulating the Militia and the Encouragement of Military Skill for the better Defence of this Colony. Whereas in said act it is enacted that the chief officer in every troop shall cause the arms and ammunition of all under his command, and the chief ol^cer of every company of foot shall cause the aims and ammunition of all under his com- mand and also all others dwelling within the limits of his comj)any, to be viewed not only on the first Monday of May, as in said act is already provided, but also in the same manner shall cause the same to be viewed on the first Monday of [10] October annually : || It now being thought not neces- sary to view the arms and ammunition of those obliged to keep 134 PUBLIC RECORDS [May, arms &c. oftner than once every year, except in case of spec- ial order from the colonel or chief officer of the regiment to which they belong. Be it therefore enacted by the Governor, Council and Rep- resentatives, in General Court assembled, and by the authority thereof, That the said paragraph or such part tliereof as re- lates to the viewing of arms and ammunition on the first Mon- day of October annually be repealed, and the same is hereby repealed and made void. Whereas the exigences and emergencies of government at this time, for payment of the officers and men for their ser- vice in the last campaign, and other expences of the Colony, require a speedy and considerable supply of the treasury : Therefore, Be it enactedhy the Governor, Council and Bepresentatives, in General Court assembled, and by the authority of the same, That there be forthwith imprinted the sum of ten thousand pounds in bills of credit on tliis Colony, equal to lawful mon- ey, of suitable denominations from five shillings to forty shil- Ihigs, as the committee herein appointed shall direct, of the same tenor of the emissions of bills of credit with interest at £5 percent, per annum, and payable at or before the first day of May, 1765, and dated the day of the sessions of this As- sembly. And the Hon'^'e William Pitkin, Esq"", John Ches- ter, Daniel Edwards and George Wyllys, Esq'% or any three of them, are appointed a committee lor the purpose aforesaid, and take care that said bills be printed with all convenient speed, and to sign and to deliver the same to the Treasurer, taking his receipt therefor, and the said committee be sworn to a faithful discharge of their said trust. And the Treasur- er is hereby directed to pay out all the aforesaid bills of cred- it with the interest computed thereon according to the orders of this Assembly. And for providing and establishing an ample and sufficient fund, to call in, sink and discharge the aforesaid sum of ten thousand pounds, according to act of Parliament made in the twenty-fourth year of the reign of his late Majesty King George the second, entituled An act to regulate and restrain paper bills of credit in his Majesty's Colonies of Rhode Island and Provi- dence Plantations, Connecticut, the Massachusetts Bay and New Hampshire in America, and to prevent the same being legal tenders in payment of money, — a tax of two pence on the pound is hereby granted and ordered to be levied on all tlie polls and rateable estate in this Colony according to the list thereof to be brought into this Assembly in October, 1763, 1763.] OP CONNECTICUT, 135 with the additions ; which shall be collected and paid into the treasury of this Colony by the last day of December, 1764 ; which tax may be discharged by paying the bills emitted by this act or lawful money, and no otherwise ; and the Treasur- er is hereby directed to send forth his warrants accordingly. Be it further enacted^ That a rate or tax of one penny on the pound be and is hereby granted and ordered on the polls and rateable estate in this Colony according to the list brought in to this Assembly in October last with the addi- tions, to be collected and paid by the last day of December next in lawful money or bills of credit of this Coluijy ; and the Treasurer is hereby directed to send forth his warrants accord- ingly. This Assembly do appoint and impower Richard Jackson of Inner Temple, London, Esqf, Agent and Attorney for the Governor and Company of this Colony, to receive all such money as is granted Ijy Parliament and is or may be distrib- uted and ordered to be paid this Colony on account of the ser- vices done in obedience to his Majesty's command in the year 1761, and accordingly give his receipt therefor. And it is hereby ordered, that a proper instrument of procuration or let- ter of attorney be made in the name of said Governor and Company, under the public seal and signed by the Governor and k^ecretary of this Colony, fully impowering said Richard Jackson, Esq"", for the purposes aforesaid. Resolved by this Assembly, That Richard Jackson of Inner Temple, London, Esq"", Agent for this Colony, who is impow- ered to receive all such money as is granted by Parliament and is or may be distributed and ordered to be paid this Col- ony on account of the services done in obedience to his Maj- esty's command in the year 1761, be and he is hereby direct- ed on receipt of the same to lodge it in some secure bank in London for safety, in the name and for account of this Colo- ny, to be drawn out by the Agent or Agents for this Colony for the time being, and by the first good opportunity to inform thereof. And he is further directed, to pay out of Ihe same all such bills of exchange as may be drawn on him by his Hon- or the Governor in favour of any person or persons whomso- ever. [11] The Hon^ie William Pitkin, Esq"", John Chester and George Wyllys, Esq", are hereby appointed a committee, they or any two of them, to sell the money granted by Parliament which is or may be distributed and ordered to be ]mid this Colony on account of the services done in obedience to his Majesty's command in the year 1761, as soon as certain intelli- 136 PUBLTC RECORDS [Maj, geiice is had that said money is received by Mr. Agent Jack- son. And the said committee are hereby directed to sell the same for the full value thereof in silver, gold, or bills of cred- it of this Colony emitted by act of Assembly in March, 1761, to any person or persons that sliall appear and pay the value thereof, as aforesaid, into the treasury of this Colony ; and when such contract is made and the money or bills aforesaid paid into the treasury as aforesaid, and the Treasurer's leceipt produced to said committee in evidence thereof, the said com- mittee is directed to lodge the same with the Secretary of this Colony and make a proper certificate thereof to his Honor the Governor ; and on receipt of such certificate his tlonor the Governor is hereby desired and impowered to draw prop- er bills of exchange on the said Richard Jackson, Esq'", in fa- voXir of such purchaser or purchasers for the payment of such sum or sums as he or they shall have purchased as aforesaid. Whereas some recruiting officers and recruits in his Majes- ty's regular forces were the last winter sent into this Colony by order from his Excellency Sir Jeffry Amherst, and recom- mended by his Honor tiie Governor of this Colony to the civil authority, requiring their aid in billeting &c., which party have been billeted on tlie tavern-keepers in the respective towns where they have been, with an expectation that such tavern-keepers would be entituled to receive three pence law- ful money per day out of the Colony treasury over and above what is paid by such officer and soldier, agreeable to an act of this Assembly made in October, 1759, which act was a limited act, and was to continue and be in force until the last day of November, 1760, and no longer ; which said act has not been since revived, and the Treasurer cannot answer any orders drawn on him for said three pence per day, It is therefore enacted hy the Govei'iwr, Council and Repre- sentatives, in General Court assembled, and hy the authority of the same, That any person in this Colony on whom any non-commission officer or foot-soldier belonging to any recruit- ing party of his Majesty's regular troops has been billeted by any magistrate or justice of the peace on any tavern-keeper or householder in this Colony during the last winter and until the rising of this Assembly shall be entitled to receive out of the treasury of this Colony the sum of three pence lawful money per diem for each non-commission officer and soldier billeted as aforesaid ; and such Assistant. or justice of the peace who gave such billet with another Assistant or jus- tice of the peace be and is hereby impowered to make up and allow such accounts and draw on the Treasurer of this Col- ony for the payment thereof. 1763.] OP CONNECTICUT. 137 Considering the smiles of Divine Providence in terminat- ing a bloody and expensive war in wliich our nation have long been involved, in the settlement of an happy and extensive peace, the blessings of which demands our sincere return of gratitude to Almighty God : Resolved by this Assembly, that his Honor the Governor be desired to issue a proclama- tioti for the observation of Wednesday the sixth day of July next as a day of Thanksgiving throughout this government, suitable to so important and happy an event. On the representation of the committee for building the State House in the county of New Haven : Resolved by this Assembly, that one moiety or half part of the cost and charge that shall accrue in the building and decent and well finishing of said house shall be paid out of the treasury of this Col- ony, and the other half shall be borne and paid by the inhab- itants of the said county of New Haven. And the Treasurer is hereljy ordered to pay unto the committee for l)uilding said house the sum of three hundred pounds, towards carrying on and compleating the same ; and the remainder of such half part of such cost and charge the Treasurer is hereby ordered to pay unto said committee when said house shall be com- pleated and finished and the accounts thereof shall be liquid- ated and settled l)y the committee appointed by this Assem- bly to oversee and direct in the finishing said house. And it is further resolved, that the civil authority in said county of New Haven be and hereby are directed to meet at such time and place as shall l»e appointed by the judge of the county court in said county witii the advice of two justices of the (juornm, and such tax or taxes to levy and collect from the inhabitants of said county as shall be necessary for paying the other half part of the cost and charge aforesaid. And the judge of said county court is hereby directed as soon as may be, to assign time and place for the meeting of the civil authority iov the purpose aforesaid. {12 1 This Assembly do appoint Seth Payne jun., of Poai- fi-et. Surveyor of Lands in and for the county of Windham. This Assembly do appoint Gideon Wells of Fairfiehl Sur- veyor of Land within and for the county of Fairfield. This Assembly do establish William Gould to be Captain of the third company or trainbantl in the second regiment in this Colony. This Assembly do establish Mr. Samuel Russell to be Lieu- tenant of tiie third company or trainband in the second regi- ment in this Colony. 18 138 PUBLIC RECORDS [May, This Assembly do establish Mr. Nathaniel Gallop to be Ensign of the 5th company or trainband in the town of Ston- ington. This Assembly do establish Benjamin Clark to be Captain of the 5th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Asaph Smith to be Lieu- tenant of the 5th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Calvin Eaton to be Ensign of the 5th company or trainband in the 5th regiment in this Colony. This Assembly do establish Samuel Blakslee to [be] Lieu- tenant of the third company or trainlmnd in the town of Woodbury. This Assembly do establish Mr. James Hylier jun. to be Captain of the first company or trainband in the town of Symsbury. This Assembly do establish Mr. Peter Holcomb to be Lieu- tenant of the first company or trainband in the town of Symsbury. This Assembly do establish Mr. David Atwater to be Lieu- tenant of the first company or trainband in the second regi- ment in this Colony. This Assembly do establish Mr. Joseph Thompson to be Ensign of the first company or trainband in the second regiment in this Colony. This Assembly do establish John Rogers to be Captain of the first company or trainband in the town of New London. This Assembly do establish Mr. Thomas Harris to be Lieu- tenant of the first company or trainband in the town of New London. This Assembly do establish Mr. Nathaniel Hempstead to be Ensign of the first company or trainband in the town of New London. This Assembly do establish Mr. John Granger to be Cap- tain of the third company or trainband in the town of Suf- field. This Assembly do establish Mr. John Haunchet to be Lieu- tenant of the third company or trainband in the town of Suf- field. This Assembly do establish Mr. Nathaniel Norton to be Ensign of the third company or trainband in the town of Suffield. This Assembly do establish Mr. Elnathan Chauncey to be 1763.] OF CONNECTICUT. 139 Captain of the first company or trainband in the town of Durliam. This Assembly do establish Mr. Samuel Parsons to be Lieutenant of the first company or trainband in the town of Durham. This Assembly do establish Mr. Israel Camp to be Ensign of the first company or trainband in the town of Durham. This Assembly do establish Mr. Jehiel Hawley to be Cap- tain of the second company or trainband in the town of New Mil ford. Tliis Assembly do establish Mr. Samuel Canfield to be Lieutenant of the 2d company or trainband in the town of New Milford. [13] This Assembly do establish Mr. Jonathan Benedict to be Ensign of the second company or trainband in the town of New Milford. This Assembly do establish Mr. Jesse Root to be Lieuten- ant of the fourth company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. John Fish to be Captain of the third company or trainband in the town of Groton. This Assembly do establish Mr. Thomas Fish to be Lieuten- ant of the third company or trainband in the town of Groton. This Assembly do establish Mr. Stephen Billings to be Ensign of the third company or trainband in the town of Groton. This Assembly do establish Mr. Nathaniel Sealey to be Captain of the company or trainband in the eastern part of j North Fairfield and part of North Stratford. This Assembly do establish Mr. Abel Hall to be Lieutenant of the company or trainband in the eastern part of North I Fairfield and part of North Stratford. I This Assembly do establish Mr. Benjamin Payne to be En- sign of the first company or trainband in the town of Hart- 1' ford. j This Assembly do establish and confirm Mr. Timothy Loomiss to be Ensign of the first company or trainband in the I town of Windsor. j This Assembly do establish Mr. Joseph Beacher to be Cap- i tain of the 10th company or trainband in the second regi- I ment in this Colony. i This Assembly do establish Mr. Timothy Bradley to be I Lieutenant of the 10th company or trainband in the second regiment in this Colony. This Assembly do establish Mr. Nathaniel Sperry to be 140 PUBLIC EECORDS [May, Ensign of the 10th company or trainband in the second regi- ment in this Colony. This Assembly do establish Mr. Joel Hotchkiss to be Cap- tain of the company or trainband in the parish of Bethany. This Assembly do establish Mr. John Lines to be Lieuten- ant of the company or trainband in the parish of Bethany. This Assembly do establish Mr. Timothy Ball to be Ensign of the company or trainband in the parish of Bethany. This Assembly do establish Mr. William Belcher to be En- sign of the 3d company or trainband in the town of Preston. This Assembly do establish Mr. Eliada Parker to be Cap- tain of the first company or trainband in the town of Wal- lingford. This Assembly do establish Mr. Charles Sperry to be Lieu- tenant of the first company or trainband in the town of Wal- lingford. This Assembly do establish Mr. Moses Roys to be Ensign of the first company or trainband in the town of Walling- ford. This Assembly do establish Mr. John St. John to be Cap- tain of the north company or trainband in the town of Sharon. • This Assembly do establish Mr. Samuel Hurlburt to be Lieu- tenant of the north company or trainband in the town of Sharon. This Assembly do establish Mr. Ebenezer Gay to be Ensign of the north company or trainband in the town of Sharon. This Assembly do establish and confirm Mr. Thomas Haw- ley to be Captain of the 1st company or trainband in the town of Ridgfield. This Assembly do establish and confirm Mr. James Scott to be Lieutenant of the 1st company or trainband in the town of Ridgfield. This Assembly do establish and confirm Mr. Ebenezer Jones to be Ensign of the 1st company or trainband in the town of Ridgfield. This Assembly do establish Mr. Ebenezer Learned to be Lieutenant of the 11th company or trainband in the 5th regi- ment in this Colony. [14] This Assembly do establish Mr. Joseph Marsh to be Captain of the fourth company or trainband in the 12th regi- ment in this Colony. This Assembly do establish Mr. Timothy Clark to be Lieu- tenant of the 4th company or trainband in the 12th regiment in this Colony. 1763.] OF CONNECTICUT. 141 This Assembly do establish Mr. Samuel Clark to be Ensign of the fourth company or trainband in the 12th regiment in this Coh)ny. This Assembly do establish Mr. Elisha Wales to be Captain of the 12th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Stephen Abbot to be Lieu- tenant of the 12th company or trainband in the 5th regiment in this Colony. This Asseml)ly do establish Mr. Jolm Work to be Ensign of the 12th company or trainband in the 5th regiment in tbis Colony. This Assembly do establish Mr. Daniel Landon to be Cap- tain of the first company or trainband in the town of Litch- field. This Assembly do establish Mr. John Randal to be Lieu- tenant of the od company or trainband in the town of Stoii- ingtoii. This Asseml)ly do establish Mr. John Breed jun. to be En- sign of the 3d company or trainband in the town of Stonington. This Assembly do establish Mr. John Persivalto be Captain of the eighth company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Joshua Brainerd to be Lieu- tenant of the 8th company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Thomas Fullar second to be Ensign of the eighth company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Elijah Smith to be Ensign of the third company or trainband in the town of Lyme. This Assembly do establish Samuel Robertson to be Captain of tlie fourth company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Joseph Trumble to be Cap- tain of the first company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Elijah Tisdall to be Lieuten- ant of the first company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Walter Hide to be Ensign of the first company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Timothy Dimmock to be Ensign of the 4th company or trainband in the 5th regiment in this Colony. 142 PUBLIC RECORDS [May This Assembly do establish Mr. Samuel Russell to be Cap- tain of the 2d company or trainband in the sixth regiment in this Colony. This Assembly do establish Mr. Nathaniel Brown to be Lieutenant of the 2d company or trainband in the sixth regi- ment in this Colony. This Assembly do establish Mr. Samuel Johnson to be En- sign of the second company or trainband in the sixth regi- ment in this Colony. This Assembly do establish Mr. Abner Mallery to be Lieu- tenant of the first company or trainband in the town of Woodbury, Tliis Assembly do establish Mr. Solomon Martin to be En- sign of the first company or trainband in the town of Wood- bury. This Assembly do establish Mr. Isaac Holt to be Captain of the company or trainband in the town of Norfolk. This Assembly do establish Mr. Selah Hart to be Lieuten- ant of the 7th company or trainband in the sixth regiment in this Colony. This Assembly do establish Mr. Charles Brunson to be En- sign of the 7th company or trainband in the sixth regiment in this Colony. [15] This Assembly do establish Mr. Joseph Harvey to be Lieutenant of the 4th company or trainband in the town of Lyme. This Assembly do establish Mr. Harriss Coult to be Ensign of the fourth company or trainband in the town of Lyme. This Assembly do establish Mr. Elijah Porter to be Lieu- tenant of the first company or trainband in the town of Farm- ington. This Assembly do establish Mr. Isaac Bidwell to be Ensign of the first company or trainband in the town of Farmington. This Assembly do establish Mr. Thomas Richards to be Captain of the west company or trainband in the parish of Westbury in the town of Waterbury. This Assembly do establish Mr. John Nettleton to be Lieu- tenant of tlfe west company or trainband in the parish of Westbury in the town of Waterbury. This Assembly do establish Mr. Abel Woodward to be En- sign of the west company or trainband in the parish of West- bury in the town of Waterbury. This Assembly do establish Mr. Richard Keigwen to be Lieutenant of the 6th company or trainband in the 11th regi- ment in this Colony. 1763.] OP CONNECTICUT. 143 This Assembly do establish Mr. Thomas Douglass to be Ensign of the sixth company or trainband in the 11th regi- ment in this Colony. This Assembly do establish Mr. Comfort Sage to be Cap- tain of the troop of horse in tlie 6th regiment in this Colony. This Assemljly do establish Mr. Samuel May to be Lieuten- ant of the troop of horse iu the 6th regiment in this Colony. This Assembly do establish Mr. Gershom Blyn to be Quar- ter-Master of the troop of horse in the 6th regiment in this Colony. This Assembly do establish Mr. Manasseth Leach to be Lieu- tenant of the 5th company or trainliand in the town of New London. This Assembly do establish Mr. Nathan Clark to be Cap- tain of the 6th company or trainband in the second regiment in this Colony. This Assembly do establish Mr. Arnold Tibl)alds to be Lieu- tenant of the 6th company or trainband in the second regi- ment in this Colony. This Assembly do establish Mr. Eliphalet Gillet to be Ensign of the sixth company or trainband in the second regiment in this Colony. This Assembly do establish Mr. Dudley Wright to be Cap- tain of the third company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Daniel Pratt to be Ensign of the third company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Joseph Brunson to be Lieu- tenant of the second company or trainband in the first society in the town of Waterbury. This Assembly do establish William Hickcox to be Ensign of the second company or trainband in the first society in the town of Waterbury, This Assembly do establish Mr. Joseph Hastins to be Cor- net of the troop of horse in the third regiment in this Colony. This Assembly do establish Mr. Benjamin Merriam to Ije Ensign of the 13th company or trainband in the 11th regi- ment in this Colony. This Assembly do establish Mr. Thomas Gates to be Lieu- tenant of the 11th company or trainband in the 12th regiment in this Colony. This Asseml)ly do establish Mr. Thadeus Cook to be Cap- tain of the second company or trainband in the town of Preston. 144 PUBLIC RP^coRDS [May This Assembly do establish Mr. Nathaniel Cof^swcll to be Lieutenant of the 2d company or trainband in the town of Preston. This Assembly do estal)lish Mr. Timothy Lester to be En- sign of the 2d company or trainband in the town of Preston. This Assembly do establish Mr. Henry Hotchkiss to be Ensign of the south company or trainband in New Cheshire in Wallingford. This Assembly do establish Mr. Dan Towner to Ije Lieu- tenant of the company or trainband in the north society in New Fairfield. ' [16] This Assembly do establish Mr. William Gaylord Hnbbel to l)e Ensign of the company or trainband in the north society in New Fairfield. This Assembly do establish Mr. Simon Fobes to be Lieu- tenant of the lyth company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Enos Woodward to be En- sign of the 19th company or trainband in the 11th regiment in this Colony. Granted to the Honorable Thomas Fitch, Esq"", for drawing bills of exchange &c. at J per cent, on the sum of £45894 lis. 5d. sterling, the sum of one hundred and tifty-two pounds nineteen shillings and eight pence lawful money ; and the Treasurer of this Colony is hereby ordered to pay the same accordingly. Upon the memorial of Barnabas Baldwin of New Haven, preferred to this Assembly in October last, shewing that he gave a bond to the Governor and Com])any of this Colony, dated in April, 1741, conditioned for payment of =£32 lO.s-. Qd. in new tenor bills of this Colony, so called, or gold equivalent, which bond being afterwards put in suit judgment had been rendered thereon by the superior court held at New Haven in February, 1748, for the sum of <£34 9s. 2d. lawful money ; representing that that sum was much more than was due ac- cording to the laws and regulations in this Colony respecting those new tenor bills ; praying for relief &c. : upon which memorial John Whiting and Thomas Darling, Esq'% were ap- pointed a committee to look into said matter, and who have reported to this Assembly that they are of opinion that £13 Is. Sd. L. money ought to [be] accepted and allowed as an equivalent to said sum of £32 10s. Od. new tenor, and that the sum now due, viz: on the 13th day of instant May, accord- ing to that rule, computing the interest of the monies due and deducting a certain payment made of part, is £14 7s. Od. law- 1763.] OF CONNECTICUT. 145 ful money, and that that sum ought to be paid and received in full discharge of a certain bond which Elihu Hall, Esq"", the Colony's agent for collecting said debt, received and took from Barnabas Baldwin jun. and Jonathan Atwater jun., con- ditioned for tlie sum of £56 ISs. 6d. for securing said debt ; as by said report at large may more fully appear, which report hath been accepted : Whereupon it is resolved and ordered by this Assembly, that upon the said Barnabas Baldwin jun. and Jonathan Atwater jun, their paying upon said bond the said sum of fourteen pounds seven shillings lawful money with the lawful interest of that sum from the 13th day of instant May until the same shall be paid, that the same be accepted and received by the Colony's said agent in full discharge of said bond, and that the same bond be accordingly thereupon delivered up and cancelled. Whereas George Smith of Hartford and the rest of the children and heirs of John Smith formerly of said Hartford, deceased, and Normand Morrison of said Hartford and the rest of the children, grandchildren and heirs of Doct. Normand Morrison late of said Hartford, deceased, and Ann Morrison his widow, joined in a petition preferred to this Assembly in Oc- tober last, representing that certain difficulties had arisen among them touching the rights of the parties respectively to the estate of the said deceased Smith and Morrison, and that by reason of some particular difficulties the said matters could not be settled and right be done by suits at law, and praying to have committee appointed by this Assembly to hear, examine and a settlement make of their said claims ; upon which petition John Chester and Jonathan Trumble, Esq''s,and Doct. Daniel Lothrop were appointed a committee for the purpose aforesaid, and to make their report to this Assem- bly at this time : And whereas the aforesaid widow Ann Mor- rison hath died since the said appointment and before a hear- ing of the cause before the commissioners, and the surviving parties still standing in need of the same tiling being done and declaring before the Court by their respective attornies and guardians (William Tiley of said Hartford being guardian to said Normand and Margaret Morison, two minors formerly under the guardianship of the said Ann, deceased,) that they are desirous of having said matters concluded and determined according to the tenor of the appointment in October afore- said : It is therefore resolved and ordered by this Assembly, that the said surviving parties to said petition be held to and concluded hy the decree and sentence that shall be made of and concerning the premises in pursuance of the report 19 146 PUBLIC RECORDS [May, which shall be made by the said committee ; which committee are hereby impowered and directed to proceed and hear the said parties upon said matters, and make their report to this or the Assembly to be held at New Haven in October next. Whereas upon the petition of Jesse Squire of Cornwall, against David Ingersol, late of Sheffield now of a place called Spencer Town in the Pi'ovince of New York, preferred to this Assembly in October last, representing that the said Ingersol had obtained judgment against him before the superior court held at Litchfield in August last, for one thousand pounds damages besides costs, on a certain bond given for his, said Squire's, conveying and passing over to said Ingersol [17] his, II said Squire's, homestead in said Cornwall, consist- ing of a dwelling-house, barn out the 9th day of Nov- ember, A. D. 1759, a deed of sale of said home-lot, mansion- house and barn, executed and acknowledged in due form of law ; and also at the same time, in the like unjust manner, did procure of said Jacob to sign a note of hand for the sum of £110 0>t. Od. lawful money, payable to said Whittlesey, for no other cause or consideration but only a tract of land in the township of New Milford in Litchfield county, being the 35th lot in the south tier, commonly called the north pur- chase, which is said to be worth no more than £120, and that said Whittlesey by his deed well executed and dated on or about the said 9th day of November, 1759, conveyed and made over said 35th lot to said Jacob ; and that said Whit- tlesey in the life time of said Jacob brought his action on said note against said Jacob, and in January, 1762, obtained a judgment thereon against said Jacob before the adjourned county court held at New Haven within and for the county of New Haven for said sum of £110 Os. Od. with the interest thereof and his cost, amounting in the whole to the sum of £123 7s. 9d., and that soon, viz: on the 25th of January aforesaid, said Whittlesey took out execution in due form of law upon said judgment against said Jacob then being in full life, and caused the same to be levied on said other tracts of land of said Jacob, and by return of the officer who served the same hath got said land entered of record to said Whit- tlesey ; and that by means of the incapacity of said Jacob for business and the wrong doings of said Whittlesey, the said deceased Jacob was wronged out of his said estate, being by far the greatest and most valuable part of his paternal estate descended to him from his ancestors, and that he had only a very small and inadequate satisfaction therefor : thereupon praying this Assembly to disannul the bargains and contracts aforesaid, and order and enact that said deeds obtained by said Whittlesey of said Jacob and said Whittlesey's deed made to said Jacob, may be declared to be null and void, and of no force for holding the lands therein mentioned ; and that said exe- cution with the doings of the officer thereon in levying the same upon said Jacob's lands may be declared null and void; and that said deed and execution may not be permitted to be given in evidence in any court in this Colony ; as by the peti- tion on file may appear : Resolved by this Assembly, that 156 PUBLIC RECORDS [May, the bargains and contracts be and they are hereby declared to be null and void. And it is ordered, enacted and declared by this Assembly, that the said deed made and executed by said Jacob to said Whittlesey of said home-lot, mansion-house and barn, and also said deed made and executed as aforesaid by said Whittlesey to said Jacob of said 35th lot, and the execution obtained as aforesaid by said Whittlesey against said Jacob, and all the doings of the ofhcer who levyed the same on the other lands of said Jacob be, and they are here- by declared to be, null and void ; and that neither of said deeds or execution shall henceforth be of any strength or have any force for the holding the lands therein and there- upon mentioned, and that they or either of them shall ever be permitted to be given in evidence in any court whatever in this Colony to support any title to any of the lands men- tioned in either of said deeds or said execution ; and that all the aforesaid lands shall be and remain in the same state and conditions, to all intents and purposes, as by law they were before the making and executing the aforesaid deeds and# the obtaining the aforesaid judgment and execution thereon, as they might or would have been in course and descent in law immediately upon and after the death of said now deceased Jacob. Upon the memorial of Timothy Andruss of Weathersfield, representing to this Assembly that in the year 1755, he inlist- ed into the service of this Colony as a soldier in the expedi- tion against Crown Point, and proceeded therein as far as Al- bany, where he was seized with a violent, malignant fever, which so affected his nerves that he was returned home sick and hath ever since languished in a paralytic state, unable to provide for himself or family, and is in most distressing cir- cumstances ; praying for relief &c., as per memorial on file appears : Resolved by this Assembly, that the memorialist shall receive, and there is hereby granted to him, the sum of twenty pounds out of the public treasury of this Colony, which the Treasurer is hereby directed to pay him accordingly on his producing to him a copy of this act. Upon the memorial of Joseph Gleason, administrator on the estate of Jonah Gleason late of Endfield in the district of Hart- ford, deceased, shewing to this Assembly that the debts due from said estate with some allowance to the widow surmount the moveable estate of said deceased the sum of .£18 17s. Sd., for the payment of which praying this Assembly to impower him to make sale of so much of said estate as shall be suffi- cient to pay said sum with the charge of such sale, as per 1763.] OF CONNECTICUT. 157 memorial on file appears : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is granted unto him, to make sale of so much of said estate as shall be sufficient to pay said sum of X18 7 8, together with the incident charges of such sale ; taking the direction of the court of probate in the district of Hartford therein. Upon the memorial of Daniel Hooker and Sarah Hooker, administrators of the estate of Doct. Daniel Hooker late of Hartford, deceased, shewing to this Assembly that the debts, charges &c. due from the said estate surmount the moveable estate of the said deceased the sum of i.'584 lis. Id. 3g., there- in praying for liberty to sell so much of the real estate of the said deceased as will discharge the said sum and charges aris- [22] ing thereon : || Resolved by this Assembly, tliat the said administrators have liberty and are hereby impowered, to sell and dispose of so much of the real estate of the said deceased as will discharge the said sum of X584 lis. Id. Sq. together with the incident charges arising on the sale thereof ; taking the directions of the court of probate in the district of Hartford therein. On the memorial of Phillip Smitli of Windsor, administra- tor on the estate of Thomas Worden of Windsor, shewing to this Assembly that the debts &c. due from the estate of the de- ceased surmount the pei'sonal estate the sum of X40 6s. lOd.,1. L. money ; praying for liberty to make sale of so much of real estate of said deceased as shall raise said sum with the inci- dent charges ; as per memorial on file : Resolved by this As- sembly, that the memorialist have liberty, and liberty to him is hereby granted, to make sale of so much of said real estate as shall raise said sum with the charges of sale ; taking the direction of the court of probate in the district of Hartford therein. Upon the memorial of Lois Belding, administratrix on the estate of Mr. Joseph Belding late of Weathersfield, deceased, representing to this Assembly that the debts and charges due from the estate of the said deceased surmount the moveable estate of the said deceased the sum of <£551 14s. 2d. lawful [money] , as certified by the clerk of the court of probate for the district of Hartford ; praying this Asseml)ly that so much of the real estate of the said deceased be sold as will raise said sum of £551 14 2 with the incident charges arising there- on : Resolved by this Assembly, that the said memorialist and Jonathan Belding, Esq"", they be impowered and directed to make sale of so much of the real estate of said deceased as will raise said sum of £551 14 2 with the incident charges 158 PUBLIC RECORDS [May, arising on such sale ; taking the direction of the court of pro- bate in the district of Hartford therein. Upon the memorial of the inhabitants of the town of Hart- latid in the county of Litchfield, representing that at a town meeting warned and held in said Hartland on the first Mon- day of December last, they proceeded to the choice of a mod- erator, a clerk and other town officers ; that afterwards ob- jections by a party of said inhal>itants were made to the lega- bility of said meeting and officers chosen therein, and the said objectors procured tlie warning of another town-meeting, which was held at said Hartland on the 21st day of the same December, when and where they proceeded and made choice of another set of town officers, all which officers chosen first and last were sworn as the law directs, by means whereof confusion and discord hath happened and the affairs of said town are perplexed &c. ; praying that all the doings of said inhabitants in both of said meetings may be annulled and made void pears : whereupon it was then ordered and resolved by this Assembly, that Andrew Burr and David Rowland, Esq""^, should be a committee to enquire into and examine the [33] matters || in said memorial alledged and their report of what they found to make with their opinion thereon to this present Assembly : and whereas it is represented to this pres- ent Assembly that said committee have not yet been able fully to enquire into and their report to form of and concerning s^aid matters : It is therefore resolved by this Assembly, that said committee be and they are hereby reappointed and impowered to enquire into and examine all and singular the matters in said memorial alledged, and their report of what they find [to make] together with their opinion thereon to the General As- sembly to be held at New Haven in October next. Upon the memorial of Samuel Phelps, administrator on the estate of vSilas Tiffany, deceased, shewing to this Asseml)ly that he hath obtained liberty of this Assembly to make sale of |)art of the real estate of said deceased for the payment of debts due from said deceased more than the personal estate of said deceased would pay, and that accordingly part of the real estate of said deceased has been sold and said del)ts dis- charged thereliy, since which time further debts have appear- ed against said estate, amounting in the whole to X9 1 9, L. money, which there is no personal estate of said deceased to pay ; praying that liberty be granted by this Assembly to make sale of so much of the remaining real estate of said deceased as will be sufficient to pay said sum of £9 1 9, lawful money, and the charge arising on said sale, as by the memorial on file &c. : Resolved by this Assembly, that the said Samuel Phelps have liberty and he is hereby impowered, to make sale 1763.] OF CONNECTICUT. 181 of SO much of the remaining real estate of said deceased as will be suificieiit to raise said sum of £9 1 9 and the incident charges arising on said sale ; taking the direction of the court of probate for the district of New London therein. Upon the memorial of James Cone, Ebenezer Spencer and John Mackall, selectmen of the town of East Haddiim in the county of Hartford, representing to this Assembly that one Jonathan Hinkley of said town being likely to come to want by mismanagement and l)ad husl)andry was by the selectmen of said East Haddam with ific advice of Josc]th Spencer, Esq"", a justice of peace for said county, in the year 1757, taken with his family into the care of said selectmen ; that tliey ac- cordingly proceeded to sot up notifications and to take an in- ventory of said Hinklcy's estate &c., according to the statute in that case made and provided, and that the said Hinkley was much in debt and had several helpless children, which soon swallowed up all his i)ersonal estate, and that therefore the selectmen of said town have sundry times, on their appli- cation to the Honouralile Assemldy, obtained lil)erty for sale of some of the lands of said Hinkley, the last of which aj»plica- tions was made at the sessions of the Assembly in May, 1762 ; and also further observed that the said Hinkley and his fami- ly still continue in the care of said selectmen, one of said chil- dren very expensive, being lame and very impotent, so that the charges of supporting said family from May, 1762, to the present time amounts to =£28 0, L. money, and that there is no moveable estate to pay any part of said sum ; praying lib- erty to sell lands &c., as per memorial on file : Resolved by this Assembly, that the said John Mackall beimpowercd, and he is hereby irapowered, to make sale of so much of the real estate of the said Hinkley as will be sufficient to pay said sum of £2S 0, L. money, with incident charges, to be by the me- morialists improved for the payment of said expences. Upon the memorial of Jacob Simons and the rest of the in- habitants of the second society in Windham, shewing to this Assembly that said society on the 9tli of December, 1762, at their public meeting ]>assed sundry votes relative to selling and disposing of the pews in the meeting-house in said socie- ty to particular persons ; that pursuant thereto a sale was made of said pews accordingly, l)ut not in such manner as well accommodates the inhabitants of said society ; that said votes were unduly obtained &c. ; praying that said votes ttc. may be declared void y the name of Brainerds Wharf, where the road or highway leads eastwards by Cedar Hill ; praying for the priviledge &g. : It is therefore resolved by this Assembly, that the memorialists shall have liberty, and the lil)erty and priviledge of erecting and keeping of a ferry at the place aforesaid is herel)y granted unto them during the pleasure of this Assembly ; and the fare of said ferry 184 PUBLIC EECORDS [May, shall l)e, for man, horse and load, two pence ; for a foot man, three farthings ; ox, or other neat kind, three pence ; and for sheep, hog, or goat, one fartliing; and that the ferry be under the same regulations as the other ferries in this Colony are. Upon tlie memorial of the parish of Chelsea in the town of Norwich, representing that the General Assembly in May, 1762,* granted a tax on all the improved lands in said society belonging to non-resident proprietors, for the use of said society, for ten years, wiiich time is expired, and said society yet remaining in low and depressed circumstances, unable to support their minister and build a meeting-house, whicii they have great need of, without further assistance &c., as per [35] memorial on file appears : || Resolved, that the tax so granted on the improved lands belonging to non-resident pro- })rietors in said society of Chelsea be and the same is hereby continued during the pleasure of this Assembly, to be raised and collected as heretofore and applied to the uses and pur- poses in said memorial mentioned, of supporting the gospel and building a meeting-house for public worship in said society. Upon the memorial of Phineas Sheldon of Sutlield, con- servator of Charles Gillit of said Sutlield, praying for liberty to sell the real estate of the said Cliailes for his su|)port &c.: Resolved by this Asseml-ly, that the said Phineas Sheldon, conservator, shall have liberty, and liberty and authority is hereby granted unto him, to make sale of the real estate of said Charles: the monies produced by such sale to be im- proved for past expences of the said Charles to the amount of <£83 13 7, lawful money, and the residue, if any be, towards his future support. Upon the memorial of Isaac Kellogg of New Hartford, Esq"^, agent for the inhalutants of the said town of New Hartford, shewing to this Assembly that there has been a ruad laid out on the cost of this Colony through tlie northeast part of the said town of New Hartford, much improved and used by trav- ellers and strangers, and that theie is a large river, twelve rods in width, the stream swift and the bottom veiy rocky, across which said road passes, and that there is much want of a bridge over said river, and that the inhabitants are very poorly able to pay their public taxes, considering what they have done in building a l)ridge heretofore &c. ; and therein praying for a tax of one penny one farthing on the acre on all the lands in said town belonging to the inhabitants and proprietors of the town of New Hartford, as per memorial * Should be 1753. Vol. x. 8S. 1763.] OF CONNECTICUT. 185 may more fully appear : Resolved by this Assembly, tliat the iiihaljitants of the said town of New Hartford and all the other proprietors of said town be taxed at one penny one fartliing on the acre on all the lands in said town bclon^iiit^ to the inhabitants and [jroprictors of the said town; and Sctii Smith of said town is hereby appointed and impovvored to roUect the said tax and })ay the same to said aj^ent, for the puri)Oses aforesaid, with the same power and authority as other collectors by law have. Upon the representation of Ebenezer Robinson, Ebenezer Gallop, William Cutler and Andrew Spalding-, listers for the town of Plainfield for the year of our Lord 1761, that the sum total of the lists of said town in said year with the fourfold and single additions, as the same are entered on the records of this Assembly, through a mistake of the listers in their return, is but £11446 16 6, which is £3078 1 2 less than the sum total of said lists and additions really is as the same are returned and entered in the town clerk's office in said town, and the constable appointed by said town to gather the country taxes on said lists and additions being required by the warrant of the Treasurer of this Colony to account only for rates made on the first-mentioned sum entered on the records of this Assembly as aforesaid, altho' the constable has made the rates on the said lists and additions as they are entered in the said town-clerk's ofifice, and is by law able to collect the same : It is resolved hy this Assembly, that the said sum of £3078 1 2 be added to the sum of £11446 16 6 already entered on the records of this Assemltly as aforesaid, which will make the sum-total of the said lists and additions of said town £14524 17 8, and that the said constable be required to account with the Treasurer accordingly. Upon the memorial of John Gallop, Jonas Shepard, Wil- liam Williams and John Spaulding, listers for the town of Plainlield for the year of our Lord 1757, representing to this Assembly that they, the listers, did make additions to the general list of said town of said year the sum of £206 4 in fourfold assessments, and the sum of £370 16 in single additions, as the same was returned and entered in the town-clerk's office in said town, agreeable to law, and that the said additions were not transmitted to this Assembly and added to the general list in the records of this Assembly according to the direction of law in that case, whereby the constable appointed to collect the country taxes on said list by the wan-ant of the Treasurer of this Colony is not accounta- ble for rates raised upon said additions, tlio' made and col- 24 186 PUBLIC RECORDS [May, lected by the constable ; as by memorial on file appears : It is resolved Ijy this Assembly, that said additions be added to the sum-total of the said list of said town as tho' returned in proper season, and said constable be required to account with the Treasurer for the rates on said additions accordingly. This Assembly doth grant to the Honorable Thomas Fitch, Esq^, Governor, one hundred and fifty pounds, for his salary the first half of the current year ; and the Treasurer is hereby ordered and directed to pay the same accordingly. This Assembly doth grant to the Honorable William Fitkin, Esq"^, Deputy Governor, fifty pounds for his salary the first half of the current year; and the Treasurer is hereby ordered and directed to pay the same accordingly. [36] This Assembl}'" doth grant to Joseph Talcott, Esq^, Treasurer, the sum of one hundred pounds, for his salary the last year. This Assembly doth grant to Joseph Talcott, Esq"", Treas- urer, the sum of sixty pounds, for extraordinary services the last year. This Assembly doth grant to George Wyllys, Esq'', Secre- tary, the sum of twenty pounds, for liis salary the last year ; and the Treasurer is hereby ordered to pay the same. Granted to Titus Hurlburt, Captain of the Battery at New London, the sum of X59 0, as by his accounts exhibited for his services in taking care of the battery and for the wages of himself and his men in the year 1762 ; and the Treasurer is hereby ordered to pay the same. Granted by this Assembly to Mr. Timothy Green, printer, for his last half year's salary, the sum of fifteen pounds, and the sum of six pounds four shillings for disbursements as per his accounts; and the Treasurer of this Colony is hereby ordered to pay the same. On the petition of Godfrey Malbone, Esq'', of Newport in the Colony of Rhode Island, vs. John Banister of New})ort aforesaid, as on file : The question was put, whether any- thing should he granted on the prayer of said petition : Re- solved in the negative. On the petition of George Wyllys, Esq"", of Hartford in the county of Hartford, vs. William Stanly of said Hartford, as on file : The question was put, whether anything should be granted on the prayer of said petition: Resolved in the negative. On the petition of Stephen Lee, of Litchfield in Litchfield I county now of New Miliord in said county, vs. Roger Brun- son, Josiali Brunson, Peter Brunson, Jonathan Hitchcock jun., 1763.] OF CONNECTICUT. 187 Noali Bnmson and Ruth nough, all of New Mil ford afore- said, as on file: The question was put, whether anything shoidd be granted on the ])rayer of said petition : Resolved in the negative. Oost allowed resj'ondent £?> 7. On the petition of Daniel Mclvey of Wallingford in the countj of New Haven, i^x. El)cnezer Mix of Hartford in the county of Hartford, as on file: The question was jmt, whether anything should be granted on the prayer of said petition: Resolved in the negative. Oosit allowed respondent £2 1 0. On the petition of Daniel Foot of Colchester in the county of Hartford, vs. Abigail Lord, Patience Lord, Mary Lord, Sarah Lord, Elizabeth Lord, Ann Lord and Jerusha Lord, all of Colchester aforesaid, as on file: The question was put, whether anything should be granted on the prayer of this petition: Resolved in the negative. Cost allowed respondent £1 8 4. On the petition of Josiah Smith of Weathersfield in the county of Hartford, vs. Joseph Forbs jun. and Sarah Forlis of Weathersfield aforesaid, as on file : The question was put, whether anything should be granted on this petition : Re- solved in the negative. Cost allotved respondent £3 7. 0. On the petition of Jesse Denison of Stonington in the county of New London, vs. John Wheaton of Warren in the Colony of Rhode Island, as on file : The question was put, whether anything should be granted on the prayer of this petition : Resolved in the negative. Cost allowed respondent £2 10 0. JEx. granted JimeM, 1763. On the petition of Gideon Reynolds, Joseph Close and Ichabod Ogden, all of Greenwich in the county of Fairfield, vs. John Mead of Greenwich aforesaid, as on file ; The question was put, whether the prayer of this petition should be granted : Resolved in the negative. Cost allowed re- spondent £2 9 8. Ex. granted June 1th., 176'). On the petition of Richard Smith and Jeduthan Smith, both of Glastonbury, vs. Daniel Prat of said Glastonbury, as on file : The question was put, whether anything should be granted on the prayer of this petition. Resolved in the nega- tive. The Additions to the Lists of the respective Towns in this Colony for the Year 1762 sent in to this Assembly are as followeth. Single Fourfold Single Fourfold Additions. Additions. Additions. Additions. Hartford, fi .€ New Haven, 8.37:10: 3 483: 0:0 Windli.am £344 15 fi € li^.l 10 New London, 193: 0: 230: Hi: Litclifield, Fairfield, Wi4: 17: 4 10S4: 12: Norwich, 345: 5: 120.5: IT: [37] Stamford, 164: 3: 3 030: 8: Coventry, 3: 5: 3 .'Srrfi: 8: 188 PUBLIC RECORDS [October, Single Fourfold Single Fourfold Additions. Additions. Additions. Additioi 8. Torriugton, £68 : 0: .£ Endfield, i386: 6: £ Brandfonl, 414 8: 3 Mansfield, 135: 5: 6 16: 0: New Milforfl, Canaan, 100: 6: 304: 0: Guilford, -101 S: 7 ; % 521: 8: Wallingford, 1339: 11: 7 592: 15: Parniiiigtoii, 557: 0: 710: 10: BoUon, 262: 4: 381: 8: Milfonl, 6(i7: C: 13 109: 17: Cornwall, 172. 17: Suffleld, 1134 11: Danbury, 18: 3: 169: 4: 8 Windsor, 1798: 10: 3090: 0: Woathersneld, 134: 0: 441: 8: Voluiitown, 310: 13: 48: 0: Pomfret, 1429: 12: 421: 8: Kent, 1()04: 0: Stonington, 1.594 : 14: 6 652: 16: Haddnin, 104: 18: 139: 15: 8 Saybrook, 945: 7: 2 144: 0: Colchester, (144 : 17: 6 020: 8: Glastonbury, Stafford, 1083: 16: Groton, 687: 19: 430: 17: Killingsworth, 47: 18: 6 120: 12: Waterbury, 486: 13: 3 23: 12: Tolaiid, 331: 3: 221: 12: Symsbnry, 2202: 6: Goshen, 216: 0: Preston, 2243: 14: 404: 0: Dorliy, 1253 0: 10 160. 17 Ridpefield, 349: 18: 10 54: 1: 6 Halisbiiry, 70-2: 19: 3 93: 18: Pl.ainfield, 174: 16: 6 Ilarwinton, Kit!: 13: 43: 2: Canterbury, 4.52: 5: 6 New Hartford, 10: 15: 160: 12: Now Town, 317: 8: 9 318: 16 Stratford, ]55(;: 10: 8 38: 12: Somers, 338: 18: Norwalk, 207 : 13: 9 1138: 13: Midletown. .381 : 8: Lyme, 412: 10: 12.S2 : 12: Durham, 116: 3: 1(K): 2 : Hebron, 1499 : 11: Greenwich, 939: 17: 6 911: 10: Woodbury, 1224: 10: 10: 0: East Haddam, 210: 3: Sharon, 101 : 0: Lebanon, 422: 5: 367: 8: Woodstock. 359 : 10: 9: 10: New Fairfield, 9629 : 15: Killingly, 8S(i: 9: 144: 0: Willington, 6-^197: 3: 6 679: 8: Ashford", 204: 11: 243: C: [89] Anno Regni Regis G-eorgii tertii tertio. At a General Assembly of the Governor and Company of HIS Ma.testy's English Colony of Connecticut in New England in America holden at New Haven in said Colony ON the second Thursday of October, being the thirteenth day op said month, and continued by several adjourn- ments until the third day of November next following, annoque Domini 1763. Present : The Hon'''e Thomas Pitch, Esquire, Cfovernor. The Hon'''*' William Pitkin, Fisquire, Deputy Governor. Ebcnezer Silliman, Esq' Hezekiah Hunington, Esq' Andrew Burr, Esq"", John Chester, Esq"", Benjamin Hall, Esq"", Assist- ants. Daniel Edwards, Esq"", Jahez Hamlin, Esq"", MathewGriswold, Esq"", Shuhael Conant, Esq"", Elisha Sheldon, Esq"", Jiejn-esentatives or Deputies who attended this Assembly are as follow., viz : Hartford, Colo. Samuel Talcott, Colo. William Pitkin. New Haven, Mr. Daniel Lyman, Mr. Samuel Bishop. New London, Capt. Pygan Adams, Mr. William Hilhouse. Fairfield, Mr. David Rowland, Mr. David Burr jun. Windham, Mr. Samuel Gray, Colo. Eleazer Pitch. Litchfield, Colo. Ebenezer Marsh, Capt. Isaac Baldwin. 1763.] OP CONNECTICUT. 189 Norwich, Ca])t. Jal)ez Huntington, Mr. Daniel Lothrop. Stamford, Colo. Jonathan Halt, Mr. Abraham Davenport. Now Milford, Mr. Bushncl Bostwick, Mr. Nathan Gaylord. Farmintiton, Capt. Jolm Stron*;, Mr. Soh)mon Whitman. Colchester, Mr. Daniel Foot, Mr. John Hojjson. Glastonbury, Ca})t. Jonathan Hale, Mr. William Wells. New Town, Mr. Al)el Booth, Capt. Henry Glover. Ridgfield, Mr. Samuel Olmstead. Coventry, Mr. Joseph Strong jun., Mr. Phineas Strong. Haddam,.Mr. Hezekiah Brainard. Salisbury, Mr. John Everts, Capt. James Landon. Milford, Capt. John Fowler, Mr. Robert Treat. New Hartford, Ca})t. Isaac Kellogg, Capt. Mathcw Gillit. Sharon, Capt. John Williams, Mr. David Foster. Branford, Mr. Josiah Rogers, Mr. Samuel Russell. Killingly, Mr. Bryan Brown, Mr. William Danielson. Cornwall, Mr. Joshua Pierce, Ca,])t. Amos Johnson. Stafford, Capt. Isaac Pinney, Mr. Samuel Davis. Lyme, Mr. John Lay 2d, Mi". Samuel Selden. East Haddam, Capt. Christopher Holms. Willington, Mr. Moses Holms, Capt. Abner Barker. Tolland, Capt. Zelnilon West, Capt. Joshua Wills. Saybrook,Mr. John Shipman, Capt. John Murdock. Danbury, Mr. Samuel Dickinson, Mr. Samuel Taylor. Killingsworth, Capt. Theophilns Morgan, Capt. Elnathan Stev- ens. Durham, Colo. Elihu Chaunccy, Capt. James Wadsworth. Waterlmry, Mr. P]phraim Warner, Mr. Stephen Upson jun. Hebron, Capt. Sanuiel Gilbert, Mr. Benja. Buell. Suffield, Capt. Samuel Kent jun., Mr. William King. Preston, Mr. Simon Brewster, Mr. Timothy Lester. Mansfield, Mr. Benjamin Chaplin, Major Joseph Storrs. [40] Woodbury, Mr. Daniel Sherman, ('apt. Increase Moseley. Midletown, Mr. Seth Wetraorc, Mr. Mathew Talcott. Le))anon, Capt. Joshua West, Mr. William Williams. Wallingford, Mr. Charles Whittlesey, Capt. Samuel Hulls. Windsor, Capt. Josiah Bissell, Mr. Mathew Rockwell. Voluntown, Mr. John Gordon, Mr. Robert Jameson. Groton, Capt. El)enezer Avery, Capt. William Williams. Sommers, Mr. Seth D wight. Bolton, Mr. David Strong, Mr. Stephen Cone. Endfield, Cai)t. Joscjjh Olmstead, Mr. Natli' Terry. Woodstock, ('apt. Nehemiah Lyon, Mr. Eben'' Smith jun. Darby, Capt. Samuel Bassett, Mr. Charles French. Pomfret, Colo. Ebenezcr Williams, Mr. Samuel Craft. 190 PUBLIC RECORDS [October, Harwinton, Mr. Daniel Catling. Cantcr])ury, Cai)t. Jabez Pitch, Capt. Obadiah Johnson. Plainficld, Captain John Donglass, Capt. Isaac Colt. Stratford, Colo. Robert Walker, Capt. Ichabod Lewis. Guilford, Colo. Timothy Stone, Mr. Nathaniel Hill. Stonington, Ca})t. Joseph Denison, Mr. Simeon Minor. Canaan, Colo. I^avid Whitney, Capt. Charles Burrell. Kent, Mr. Cyrus Marsh, Caj)t. John Plitchcock. Weathers field, Capt. Thomas Belding, Capt. Elisha Williams. Norwalk, Mr. Thomas Fitch jun., Mr. Peter Lockwood. Symsbury, Mr. Hezekiah Humphry, Capt. Jonathan Pcti- bone. Goshen, Capt. Moses Lyman, Capt. Samuel Nash. Greenwich, Mr. John Clapp, Capt. Jabez Sherwood. Ashford, Mr. Amos Babcock, Mr. Ezra Smith. Cai>t. Jabez Huntington chosen Speaker, | of the House of Mr. Abraham Davenport chosen Clerk, \ Representatives. An Act for limiting certain Provisions in a Law of this Colony intituled An Act for licencing and regulating Retailers and for granting and col- lecting an Excise on distilled Spirituous Liquors and to enforce the Collection of the Excise already accrued by Virtue of said Act. Be it enacted by the Governor, Council and liepresenta- tives, in Greneral Court assembled, and by the authority of the same, Tliat the town-clerk of each and every town in this Col- ony respectively, before the 21st day of March next shall cer- tifie to the Treasurer of this Colony the names of the per- sons duly appointed collectors of excise for their towns in each and every year since November, 1755, and the year for which each collector was chosen, and also the deficiencies of such towns in not duly appointing collectors from time to time as said statute directs. And every Assistant and justice of the peace that have taken bonds of retailers according to said statute in any towns where no collectors were duly appointed are hereby authorized to take such retailer's account upon oath accord- ing to the condition of such bonds, and collect the monies thereon as the collectors by said statute are directed in case such retailers shall so account within six months after the rising of this Assemldy : but if no such account be had in said term, that then such Assistants and justices shall deliver such bonds to said Treasurer, taking his receipt therefor and lodge the same with the Secretary ; which bonds and also all such deficiencies and neglects of any town in not comporting themselves according to said statute that are by law correct- able shall by said Treasurer be put into the hands of the King's Attornies, to be by them transacted with as said at- tornics are directed to do in case of negligent collectors, ac- 1763.] OF CONNKCTICUT. 101 [41] cording to the provision || of the hiw of this Colony intituled An act in further addition to the law of this Colony intituled An act for licencing and regulating retailers and for granting and collecting an excise on distilled spirituous liquors. And such King's Attornies from time to time as they shall receive monies for this Colony shall j)ay the same to said Treasurer, and shall lay the accounts of all the credits and duties put into their hands, and of their transactions about the same, and the whole state of the Colony's business and affairs in their hands, of what nature soever, before the General Assembly to be held in Hartford in May next, and also to every session of this Assembly in October and May in every year for the future, so long as they shall have any of the Colony's credits and business in their hands and under their care. And he it further eruieted by the authority aforesaid, That that part of said act first referred to, respecting the laying the excise of four pence per gallon on every gallon of distilled spirituous liquors, granting licences to retailers and choosing collectors of excise, shall be of force till the rising of this Assembly, and no longer. An Act in Addition to the Law of this Colony intituled An Act for the Direction of Listers in their Oflace and Duty. Whereas in said act it is provided that all traders, trades- men and artificers shall be rated in the list proportionable to their gains and returns : whereupon doubts have arisen, whether persons licenced to keep houses of public entertain- ment are included in said act ; which may occasion difficulties and inequalities in the lists of different towns : Which to prevent, Be it e7iacted by the Governor, Council and Representatives , in General Court assembled, and by the authority of the same, That all })ersons licenced to keep houses of pul)lic entertain- ment shall be rated in the list proportionable to their gains, according to the best judgment and disci'ction of the listers. An Act for reviving an Act of this Assembly made and passed in their Sessions in May Anno Domini 1761, intittiled An Act in fui'ther Ad- dii ion to the Law^ intituled An Act providing in Case of Sickness. Whereas it was resolved by this Assembly at their sessions in October last, that the aforesaid act should continue in force until the rising of this Assembly, and no longer : Therefore, Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the authority of the same. That the said act, intituled An act in further addition to the law intituled An act ])roviding in case of sickness, be revived, and the same is hcrel)y revived, and shall continue and be of force until the rising of this Assembly in May next. 192 PUBLIC RECORDS [October, This Assembly do appoint and impower Richard Jackson of Inner Temple London, Esi]"", Agent and Attorney for the Governor and Company of this Colony, to receive all such money as is granted by Parliament and is or may be distrib- uted and ordered to be paid this Colony on account of the services done in obedience to his Majesty's command in the year 17G2, and accordingly give his receipt therefor. And it is hereby ordered, that a proi)er instrument of procuration or letter of attorney be made in the name of said Governor and Company, under the public seal and signed by the Gover- nor and Secretary of this Colony, fully impowering the said Richard Jackson, Esq"", for the purposes aforesaid. Resolved by tins Assemhly, That Richard Jackson of Inner Temple London, Esq"", Agent for this Colony, who is im- powered to receive all such money as is granted by Parlia- ment and is or may be distributed and ordered to be paid tiiis [42] Colony on account of services done in obedience to his || Majesty's command in the year 1762, be and he is hereby directed, on receipt of the same to lodge it in some secure bank in London for safety, in the name and for account of this Colony, to be drawn out by the Agent for this Colony for the time being, and by the first good o])portunity to inform thereof. And he is further directed, to pay out of the same all such l)ills of exchange as may be drawn on him by his Honor the Governor in favour of any person or })crsons whom- soever. This Assembly, V)eing advis'd by his Honor the Governor of a difference much in our disfavour between tbe numbers of our troops in service, 1761, as transmitted to P]ngland by his Excellency Sir Jelfry Andiei'st and the number computed by the Pay-Table in settling the pay-rolls for said campaign, and being also by the committee now to that jjurpose appointed advised of sundry facts most {)roba1»ly conducive to such dif- ference and in sup[)ort of the larger number contained and allowed in said j)ay-rolls. Do thereupon resolve, That Colo. Eleazer Fitch be and he hereby is appoijited, authorized and instructed, to repair to General Amherst [and] in the name of this Assembly of his Excellency beg leave to lay said matter before him for his further consideration, and requesting that on discovery of any new light thrown ujion said affair in favour, he'd be pleased thereupon to make such representation home as tliat the Col- ony remain not a sufferer in its interest or reputation by fail- ure of many of their troops being mustered at Albany, which might, and we arc advised actually did, so happen from mat- 1763.] OP CONNECTICUT. 193 tcrs so merely casual as clearly not only to exculpate not only the Muster-Master-General there, but the Colony also. Whereas this Assembly at their sessions in May last iiTauted a brief for a contribution throu»». 25 194 PUBLIC RECORDS [Octobcr, Tliis Assembly do establish Mr. Peter Hubbel to be Lieu- tenant of the company or trainband in the parish of Newbury in tlie 4th regiment in this Colony. This Assembly do establish Mr. Henry Peck to l)e Ensig:n of the company or trainband in the parish of Newbury in the 4th regiment in this Colony. This Assembly do establish Timothy Pearl to l)e Cajitain of the 8th company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. John Merrick to be Lieu- tenant of the 8th company or trainband in the 5th regiment in this Colony. [43] This Assembly do establisli Mr. Joseph Crocker to l»e Ensign of the 8th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Richard Hubbard to be Captain of the 15th comj)any or trainband in the 6th regi- ment in this Colony. This Asseml)ly do establish Mr. Watts Hubbard to be Lieu- tenant of tlie 15th comjtaiiy or trainband in the Oth regiment in this Colony. This Assembly do establisli Mr. Thomas Goodwin to be Ensign of the 15th company or trainl>and in the 6tli regiment in this Colony. This Assemldy do establish Mr. Ephraim Puller to be Captain of the 18th company or trainband in the 12th regi- ment in this Colony. This Assembly do establish Jonathan Heustead to be Cap- tain of the company or trainband in tlie parish of Canaan in the 9th regiment in this Colony. This Assenil)ly do establish Mr. James Talmage to be Lieu- tenant of the com})any or train))and in the parish of Canaan in the 9th regiment in this Colony. This Assembly do establish Mr. John Benedict the 4th to be Ensign of the comjiany or train) >and in the parish of Ca- naan in the 9th regiment in this Colony. Tliis Assembly do esta1»lish Mr. Joseph Perry to lie Cap- tain of the troop of horse in the 18tli regiment in this Colony. This Assemltly do establish Mr, Silas Hickox to be Lieu- tenant of the troop of horse in the 13th regiment in this Colony. This Assembly do establish Mr, Thomas Warner to be Cor- net of the troop of horse in the 13th regiment in this Colony, This Assembly do establish Mr, David Curtiss to be Quar- ter-Master of the troop of horse in the 13th regiment in this Colony, 1763.] OF CONNECTICUT. 195 This Assembly do establish Mr. Zebulon Peck to be Captain of the 6th company or trainband in the town of Farniiii<>ton. This Assembly do establish Mr. Benjamin Brooks to be Lieu- tenant of the 6tli company or trainband in the town of Farm- ington. This Assembly do establish Mr. Peleg Bnrret jun. to be Captain of the com})any or trainband in the jjarish of Ri[>ton in the 4th regiment in this Colony. This Assembly do establish Mr. Hudson Blacklcach to be Ensign of the company or trainband in the parish of Ripton in the 4th regiment in this Colony. This Assembly do establish Mr. Treat Mills to be Lieuten- ant of the company or trainljand in the parish of Rij)ton in the 4th regiment in this Colony. This Asseml)ly do estaldish Mr. Benjamin Gibl)s to be Captain of the third company or trainband in the town of Litchfield. This Assembly do estaldish Mr. Ephraim Smedly to be Lieutenant of the third comi)any or trainband in the town of Litchfield. This Assembly do establish Mr. Jedediah Perkins t(j be Lieutenant of the 7th com})any or trainband in the town of Norwich in the third regiment in this Colony. This Assembly do establish Mr. William Dunlnim to be Lieu- tenant of the 9th company or trainband in the 12th regiment in this Colony This Assemldy do establish Mr. Nathaniel iSexton to be Ensign of the 9th company or trainband in tlie l-th regiment in this Colony. This Assembly do establish Mr. Agur Tonilinson to be Cap- tain of the first company or trainl»and in the town of Stratford. This Assemldy do estal)lisli Mr. Abijah Beach to be Lieu- tenant of tbe first company or trainband in the town of Strat- ford. This Assembly do estaldish Mr. Samuel Beers to be Ensign of the first company or trainband in the town of Stratford. This Assembly do establish Mr. Thomas Crittenden to be Captain of the first company or trainband in the town of Salisbury. This Assembly do establish Mr. Abiel Camp to be Lieu- tenant of the first company or trainband in the town of Sal- isbury. This Assemlily do establish Mr. Daniel Brown jun. to 1)C Lieutenant of 6th company or trainband in tlic town of Stoninffton. 196 ruBLic RECORDS [October, [44] This Assembly do establish Mr. Ichabod Palmer to be Ensign of the Gth company or trainband in the town of Stonington. Tliis Assembly do establish Mr. Jolin Hitchcock to be Cap- tain of the 2d company or trainband in the town of Kent. This Assembly do establish Mr. James Terril to l)e Cap- tain of the 3d company or trainband in the town of New Milford. This Assembly do establish Mr. Moses Averil to be Lieu- tenant of the 3d company or trainband in the town of New Milford. This Assembly do establish Mr. Nathan Hawley to be En- sign of the 3d company or trainband in the town of New Milford. This Assembly do establish Mr. Josiah Ilollister to be Lieutenant of the first company or trainband in the town of Sharon. This Assembly do establish Mr. Samuel Hitchcock to be Ensign of the first company or trainband in the town of Sharon. This Assembly do establish Mr. Cliarles Elsworth to be Captain of the seventh company or trainband in the town of Windsor. This Assembly do establish Mr. Ebenezer Russell to he Lieu- tenant of the seventh company or trainband in the town of Windsor. This Assembly do establish Mr. Abner Burroughs to be Ensign of the seventh company oi- trainband in the town of Windsor. This Assembly do establish Mr. Amos Tirril to be Lieu- tenant of the 2d company or trainband in the town of Newton. This Assembly do establish Mr. James Elackman to be Ensign of the 2d company or trainband in the town of Newtown. This Assembly do establish Mr. James Bradford to be Cap- tain of the first company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. John Douglass jun. to be Lieutenant of the first company or trainband in the 11th regi- ment in this Colony. Whereas upon the petition of Mary Kimberly of Glaston- bury, the only acting executrix of Samuel Kimberly late of said Glastonbury, deceased, against John Hill and Keziah Hill, executors of the last will and testament of John Hill late of said Glastonbury, deceased, preferred to this Assembly in May 1763.] OF CONNECTICUT. 197 last, shewing that the saidJohn Hill, deceased, sometime about the 26th day of February, 1750, being much in debt and in want of a large sum of money, and that one David Hubbard, then of said Glastonbury, Esqf, now deceased, agreed to supjily him therewith if he could procure said Samuel to become [bound] with said John for i^lOo 8 0, lawful money, to be paid to said David at or before the 26th day of February, 1761, with the lawful interest, and that he, the saidJohn deceased, there- upon made application to said Samuel for that i)urpose, and that he, the said John deceased, would give to said Sanmel a bond to save him harmless therefrom ; that consequent thereon the said Samuel for the benefit of him, the said John Hill deceased, only, and at his request, became jointly bound with the said John, deceased, for the said sum of jB103 8 lawful money, and lawful interest, as aforesaid ; that said bond to save the said Sanmel harmless was yet, nevertheless, neglected and not taken during the lives of said David, Sam- uel and John ; that judgment hath since been recovered by said Hubbard's executors against the petitioner and the ex- ecutors of said John deceased thereon ; praying for a decree against said executors of said John deceased, or that a com- mittee might be appointed to make inquiry and report their opinion, as by said petition on file &c. : on which petition Jonathan Hills, Elisha Williams and William Wells, Esq", were ajipointed a committee for the purpose aforesaid, and have made their report to this Assembly that said Samuel was bound for said John deceased as set forth in said petition, and that said Samuel received of the said money he was so bound for three thirty-shilling bills emitted in August, 1755, which he converted to his own use, and that said John received the whole remainder of said X 103 8 for his own use and benefit ; as by said report may more at large appear, which hath been accepted : Resolved by this Assembly, that the said Mary Kimljcrly shall recover of said John Hill and Keziali Hill, executors of the last will and testament of said John, deceased, the sum of j£121 18 1, lawful money, and her reasonable cost, and that the Secretary give out execution accordingly. Upon the memorial of Joshua Culver and Avis his wife, of Litchfield in Litchfield County, shewing to this Assembly that at the county court at Litchfield in Litchfield county on the fourth Tuesday of April, 1763, they recovered judgment [against] Robert North, late of Torrington in Litchfield coun- ty now resident in Midlctown in Hartford county, for the sum of thirty-seven pounds lawful money, damage, and seven [45] pounds seven shillings four pence cost, and that || execu- 198 PUBLIC RECORDS [October, lion was issued thereon in due form of law against said North, dated on or al)Outthc fii'st of May, 1703, wliich execution was delivered to an officer to serve and return tlie same, wlm took tlie body of the said North and him committed (o the keeper of (he gaol in Hartford in Hartford county, and while said ex- cciilion was in full life the said North was admittted to take tlie poor prisoner's oath without any previous notice to tlie said memorialist &c., and the said North was set at liberty, whereby the memoVialisls are wliolly deprived of the benefits and demands of said execution ; praying that an aHai< execu- tion on said judgment may issue against said Robert by the clerk of said court in due form of law <&c., as per memorial on file: Resolved by this Assembly, that an alias execution l)e issued against the said Robert North on said judgment, by the clerk of said county court in due form of law. Upon the memorial of John Dyer, Esq"", of Canterbury, and others, moving and representing to this Assembly the neces- sity of having Iniilt and always kept in repair a good cart bridge across Quinabauge River in said Canterbury at a place where lately stood a bridge called Butts Bridge, and ])raying tins Assembly to enact and order that the said town of Canterbury at their proper charge and expence from time to time build, erect, keep in repair, su))port and mainfain, at the |>lace afore- said, a good cart bridge: Resolved by this Assembly, and it is hereby enacted, resolved and ordered, that the town of Can- terbury, at the cost, charge and expence of the inhabitants of said town from time to time, do and sliall build, erect, keep in repair, sui)port and maintain, at the i)lace where the bridge called Butts Bridge lately stood, a good cart bridge. And it is further resolved by this Assembly, that the comity court in the county of Windham have full power and authority, and full power and authority is hereby given them, (on neglect and failure of said town of Canterbiu-y in building and supporting said bridge as aforesaid,) to order and direct a bridge at said place from time to time to be built and repaired as they shall see and find necessary, on information or complaint to them made, and to ap]i)oint a committee for that })ur[K)se and tax the inhabitants of said Canterbury from time to time in such sum or sums as they, the said county court, shall find needful for the purposes aforesaid, and to appoint collectors and them in- vest with proper warrants and authority to collect and pay said moneys according to said county court's orders to them given. Whereas George Smith and the rest of the children and heirs of John Smith formerly of said Hartford, deceased, and Normand Morrison of said Hartford and the rest of the chil- 17G3.] OP CONNECTICUT. 199 dren, grandchildren and heirs of Doctor Normand Morrison late of said Hartford, deceased, and Ann Morrison, his widow, joined in a petition to this Assembly in Octobei-, 17G2, repre- senting that certain difficnlties had arisen among them ^':c., j)raying a committee might be appointed to make a settlement of said difficnlties «fec. ; upon which petition Jonathan Trum- ble and John Chester, Esq'^% and Doct. Daniel Lothroj> were appointed a committee for tiie juirpose aforesaid, and ordered to make report &c. ; and whereas said committee were prevent- ed making report to the General Assembly in May last, were then rea})pointed and ordered to make report to this Assem- 1)}y at their present sessions ; and whereas some iinex])ected ditficulties have j)reventcd said committee from })re})aring their report thereon, to })resent to this Assembly at their present sessions : It is therefore i-esolved by this Assembly, that said committee be and they are hereby impowered and directed to proceed and hear said parties nj>on said matters, and make their report thereon to this Assembly at their sessions in May next. Upon the petition of Godfrey Malbonc, Esq"", of Newport in the Colony of Rhode Island, against John lianister of the same Newport, complaining to this Assembly that the superior court lield at Windham on the third Tuesday of September last made certain errors and mistakes in the chancery of a certain bond on which an action was l)rought by said lianister against said Mall)one, as per writ brought to Windham county court June 4th Tuesday, 1758, dated December IGth, 1757, and which afterwards came to final tryal l)eforc said su})erior court ; praying for a new tryal of said cause &c., as per the petition on file: Resolved l)y this Assembly, that the petitioner have liberty of a new tryal of said cause on the chancery of the bond only, referred to in said petition, at the superior court to be held at Windham aforesaid on the od Tuesday of March next, on his giving sufficient bond to abide judgment. Upon the petition of Yale Bisho|) of New Haven, represent- ing to this Assembly that Nash Yale of Wallingford having borrowed on the 3d of March, 1759, of Jedediah Norton of Parmington the sum of two hundred forty-four pounds lawful money, by deed of that date conveyed and mortgaged to him, said Norton, his, said Yale's, homestead in said Wallingford, called the Stone House Farm, containing about eighty-eight acres, and that at the same time the said Yale received of said Norton his bond conditioned for the rcconveying of said land to said Yale on his, said Yale's, paying the sum of two hun- dred and seventy pounds with interest unto the said Norton ; 200 PUBLIC RECORDS [October, tliat said land not having l)ccn redeemed by the time limited by said bond, the said Norton entered at the termination of the time limited on said land and enjoyed it ; that on the 16th [46] of II July, 1763, the said Nash Yale conveyed to said Yale Bisbop his equity of redemi)tion in said land ; that said Yale Bishoj) had tendered to said Norton two hundred and forty-seven pounds and requested his, said Norton, i-oconvey- ingof said lands to hhn, said Yale Bishop, which he refused, and thereu})on praying commissioners might be appointed to en- quire into the matters contained in said petition &c., as per said petition on file more fully appears ; and the respondent appearing before this Assemlily and l»y his attorney consent- ing to the a])pointment of commissioners for said purpose : Resohed by this Assemldy, that Ebenezcr Silliman, John Chester and Jabez Hamlin, Esqf^, be and they are herel)y ap- pointed commissioners, to call the parties to said petition be- fore them, and such other witnesses as they shall judge prop- er, and to examine into the matters therein mentionecl and re- ferred to, and report what they shall tind in the premises with their opinion tliereon to this Assembly at their sessions at Hartford in May next. Upon the petition of Joseph Phelps and Hannah his wife, both of Symsbury in the county of Hartford, against Aaron Clark of Windsor in said county, representing that on appli- cation of said Clark to them on or about the second day of April, A. D. 1761, they had agreed to sell unto him, the said Clark, a certain tract or parcel of land in said Windsor on the east side of great river, bounded and described as in said peti- tion, at the price and for the consideration of sixt3^-five pounds : twenty pounds eight shillings to be paid down, fourteen pounds twelve shillings to be paid in labour, and thirty pounds to be secured ))y note ; and that whereas the petitioners not l)e- ing then able to compleat a deed of said premises the said Jo- seph, one of the petitioners, then gave his note of forty pounds money to the said Aaron to be in force in case the petitioners should not fulfd said bargain and compleat said deed in a short time afterwards ; that said deed was afterwards com- pleated, and ])y false and feigned pretences of the said Aaron he obtained the same and caused tlie same to be entered on the records of said Windsor without ever fulfilling on his part or paying or securing the price of said land ; and that the said Aaron had also fraudulently obtained a judgment on said for- ty pound note, to the great wrong and injury of the petition- ers &c. ; praying for a committee &c. : the (Tcneral Assem- bly held at Hartford on the 2d Thursday of May, 1763, ap- 17(33.] OP CONNECTICUT. 201 pointed Josiali Bissell, Esq"", and Capt. Natli' Loomiss of Windsor, and Hezekiah Humphry, Esq"", of Symsbury, a com- mittee to inquire into the matters referred to in said petition &c., and to make report of what they shall find with their opin- ion thereon ; which committee have made report to this As- sembly, that they find the principal facts in said petition al- Icdged true, and that their opinion is that there is due in equity from the said Aaron to the petitioners the sum of ninety- two pounds thirteen shillings and nine pence money, exclusive of cost, and the same is accepted, as by said report at large appears : Whereupon it is resolved by this Assembly, that the said Aaron shall pay unto the petitioners the said sum of ninety-two pounds thirteen shillings and nine pence lawful money and his cost, taxed at X13 4 7, and that execution be granted for said sums. Mx. granted Nov. 9th, 1763. Whereas upon the petition of Jonathan Fowler of Guilford, against Titus Culver of Wallingford, preferred to this Assem- bly at their session at Hartford in May, 1761, complaining of fraud in the sale of a certain pretended right to land of one Metoxen, an Indian, and praying to have a certain judgment of New Haven county court, April, 1761, set aside, viz: a judgment rendered on a note for <£10 given by said petitioner to said Culver for said purchase, or to have com- missioners appointed to look into said matter &c., Messrs. Eben'' Backus, Joshua West and Eleazer Fitch, Esq's, were appointed a committee to look into said matters and make their report to this Assembly ; which committee having been further since reappointed, Ijy reason they had not been able to go through with the affair, but have not yet concluded the said matter, and on account of their living so far from the parties and their witnesses are not able conveniently to do the same: Wherefore it is resolved by this Assembly, that the said Ebenezer Backus, Joshua West and Eleazer Fitch be and they are hereby reappointed a committee with full power to enquire, as aforesaid, into and report make to this Assem- bly at their present or next session what they shall find in the matters of complaint in said petition mentioned and set forth, with their opinion thereon, and that in the meantime execution of said judgment of said county court be stayed. Whereas upon the petition of Joseph Lindsey jun., Josiah Fowler, Daniel Maltbie, Timothy Hoadly, Joseph Lindsey, Amos Humison, Benjamin Maltbie, Josiah Talmage and Dan Pond, of Brandford, and Abel Merriman, Titus Cook, Caleb Culver, Samuel Culver and Joseph Bartholomew, of Walling- ford, William Lewis of Durham, Isaac Waterman of Midle- 26 202 ruBLic RECORDS [October, town, Abncr Smith, Samuel ITubliaid and Elilui Jolmson of Haddam, against Titns Culver of said Wallingiord, jn'eferred to this Assembly in May, 1761, complaining of fraud in the sale to the petitioners of a certain pretended Indian right of land belonging to one Metoxsen, an Indian native, praying to have certain notes of hand by them, the petitioners, given for the purchase of said land, vacated, or commissioners ap- pointed to look into the matter &c., Messrs. Ebenezer Backus, Joshua West and Eleazer Fitch, Esq^^, were appointed com- missioners as aforesaid, which commissioners not being able, by I'cason of certain disappointments, to attend said l)usiness according to the appointment, and having been again reap- pointed have not as yet been able to attend upon the business, and by reason of their living remote from the parties and the witnesses cannot conveniently be got together to attend the same : Whereupon it is resolved by this Assembly, that the said Ebenezer Backus, Joshua West and Eleazer Fitch, be and they are hereby reappointed a committee with full power to enquire as aforesaid into said matters of complaint, and make their report to this or the next Assembly of what they shall find in tlie premises with their opinion thereon. [47] Upon the memorial of Isaac Webster and Elisha Seymour of Hartford, administrators on the estate of John Carter late of said Hartford, deceased, shewing to this As- sembly that the debts and charges due from the estate of said John Carter, deceased, surmount the moveal)le estate of said John Carter, deceased, the sum of sixty-two pounds and ten pence lawful money ; praying for liberty to make sale of so much of the real estate of said John Carter as will raise said sum together with incident charges of sale: Resolved by this Assembly, that the said Isaac Webster and Elisha Sey- mour be impowered and they are hereby impowered, to make sale of so nmch of the real estate of the said John Carter, deceased, as will procure the sum of sixty-two pounds and ten pence lawful money together with the incident charges of sale; taking the advice of the court of probate for the dis- trict of Hartford therein. Upon the memorial of Martha Burres, administratrix on the estate of Jonathan Burres late of Toland, deceased, shewing to this Assembly that debts, charges and allowances due from the estate of said deceased surmounts the personal or moveable part of the estate of said deceased the sum of £42 14 3, lawful money ; praying for liberty to sell so much of the real estate of said deceased as to raise said sum with the necessary incident charges arising on said sale, as 1763.] OP CONNECTICUT. 203 jier memorial on file: Resolved by this Assembly, that the memorialist have liberty and she is hereby impowered, to sell so much of the real estate of the said deceased as to raise the aforesaid sum of £42 14 3, L. money, for the payment of said debts, together with the necessary incident charges arising on said sale; taking tlie direction of the court of ])robate in the district of Stafford therein. Upon the memorial of Charles Elsworth, executor to the last will and testament of Mr. Richard Smith late of Elling- ton ])arisli in Windsor, deceased, shewing to this Assembly Ihat the debts, charges and allowances due from the estate of said deceased surmount the personal moveable estate of the said deceased the sum of Xll 15 5, L. money, and that the said deceased made no provision in his will for the payment of sau^l debts; praying this Assembly to grant liberty and impowcr him, the said executor, to sell so much of the real estate of the said deceased as to raise said sum with the incident charges arising on said sale, as per memorial on file: Resolved l)y this Assembly, that the memorialist liave liberty and he is hereby impowered, to sell so much of the real estate of the said deceased as to raise the said sum of £11 15 5 money, for the payment of said debts, together with the ne- cessary incident charges arising on said sale ; taking the direction of the court of probates in the district of Stafford therein. Upon the memorial of John Tyler and Hezekiah Lord, administrators on the estate of Elias Lord late of Preston, deceased, shewing to this Assembly that the debts, charges &c. against tlie estate of the deceased surmount the personal estate the sum of .£134 0, L. money ; praying for liberty for said administrators or any one of them, to sell so much of the real estate of said deceased as to pay the said sum of £134 0, L. money: Resolved by this Assembly, that Hez- ekiah Lord, one of said administrators, have liberty, and liberty is hereby granted to said Lord, and he is hereby im- powered, to sell so much of the real estate of the said deceased as to pay the sum of £134 0, L. money, with the necessary charges arising thereon ; taking the directions of the court of probate for the district of Norwich therein. Upon the memorial of the society of Chelsea in the town of Norwich, representing that the said society when consti- tuted was small, that the principal business of the inhabit- ants depending on was trade, the same has greatly declined, whereby they are much weakened, that they have settled a minister with whom they arc well satisfied, and having 204 PUBLIC RECORDS [Octoljer, agreed to build a meeting-liouse for public worship have made several attempts to raise money for that purpose but have hitherto been disappointed and find they cannot go through with the building said house and supporting the gospel in said society without further assistance ; praying that the country rate or tax on the inhabitants of said society may be given and appropriated to that purpose, and that such further aid may be afforded them as may enable them to go on with so pious and necessary a work ; as per memorial on file &c. : Resolved by this Assembly, that the Colony tax, exclusive of ihe sinking fund, arising on the inhabitants of said society be annually paid, and the collector of the Colony tax for said town of Norwich for the time being is hereby directed annually to pay the same, to said society's committee during the pleasure of this Assembly, and that such sifms of money as may be remaining in the hands of the collector of excise in the town of Norwich, or is now due therefor, be and the said collector of excise is hereby directed to pay the same into the hands of the committee of said society of Chelsea : the whole monies so by said committee to be received as aforesaid to be by them applied to the purposes in said me- morial mentioned. Upon the memorial of Abigail Finch, of Greenwich in Fair- field county, administratrix on the estate of Jeremiah Finch late of said Greenwich, deceased, shewing that the debts &c. due from the estate of said deceased surmount the personal inventoried estate of said deceased the sum of ^31 8^, L. money, and thereupon praying to be impowered to sell so much of the real estate of said deceased as may be sufficient to raise said sum and answer the charges arising on such sale : Resolved by this Assembly, that the said Abigail Finch ave liberty and she is hereby impowered, to sell so much of the real estate of said deceased as may be sufficient to raise said sum of £31 8J lawful money, and also to answer the charges arising on such sale ; taking the direction of the court of probates for the district of Stamford therein. [48] Upon the memorial of David Waterbury and Jemima Waterbury, administrators on the estate of Munmouth Louns- bury late of Stamford in Fairfield county, deceased, shewing to this Assembly that since the allowance of this Assembly in May, 1762, to sell lands for payments of debts due from said estate more debts have appeared against said estate, an ac- count of which hath been exhibited before and allowed by the court of probates for the district of Stamford, amounting in the whole (exclusive of what is due from said estate on ac- 1763.] OF CONNECTICUT. 205 count of said deceased being surety for John Knap, deceased,) to the sum of .£13 14 8| lawful money, for the payment of which said memorialists have nothing in their hands, and thereupon praying that some suitable person may be im- powered to sell real estate to raise said sum and to answer the charge of such sale &c. : Resolved by this Assembly, that Thomas June jun., of said Stamford, have liberty and he is hereby impowered, to sell so much of the real estate of said deceased Monmouth Lounsbury as may l)e sufficient to raise said sum and pay the charges arising on such sale ; tak- ing direction of the court of probates for the district of Stam- ford therein. Upon the memorial of Rebeckah Barnard, administratrix on the estate of Peter Barnard late of Milford, deceased, shewing to this Assembly that the debts, charges and allow- ances due from the estate of said deceased surmount the per- sonal inventoried estate of said deceased the sum of .£15 5 10 money, and thereupon praying to be impowered to sell so much of the real estate of said deceased as may be sufficient to raise said sum and the charges arising on such sale, as per memorial on file : Resolved by this Assembly, that the said memorialist have liberty and she is hereby impowered, to sell so much of the real estate of said deceased as may be suffi- cient to raise said sum and the incident charges arising on such sale ; taking the direction of the court of probate for the district of New Haven therein. Upon the memorial of John Newton of Milford, executor of tlie last will and testament of Ezekiel Newton late of said Milford, deceased, shewing to this Assembly that the debts and charges allowed by the court of probate in the district of New Haven, including some small allowances to the widow of said deceased for a mourning suit and provisions, and also together with some necessary articles of household stuff and a cow given in said will to said widow, surmount the whole moveable inventoried estate the sum of <£81 1 11 lawful money, and praying that some meet person might be im- powered to sell so much of the real estate of said deceased as shall raise a sum sufficient to pay said sum and charges of sale, as per memorial on file appears : Resolved by this As- sembly, that the memorialist be and he hereby is impowered, to sell so much of the real estate of said deceased as shall raise a sum sufficient to pay said sum of £81 1 Hi and charges of sale ; taking the direction of the court of probate in the district of New Haven tlierein. Upon the memorial of David Waterbury and Jemima his 206 PUBLIC RECORDS [OctoLcr, wife, both of Stamford in Fairfield county, administrators on the estate of Miinmouth Lounsbury late of said Stamford, deceased, representing to this Assembly that one Jolni Knap of said Stanford, now deceased, in his life time was indebted to sundry persons in large sums of money ; that said Knap being so indebted and his creditors desiring to have such money better secured, the said Knap requesting the said Mun- mouth to be security with him for said money, who became l)ound with the said Knapp for the payment of the said money, and that the said Knap only to secure him, the said Mnn- niouth, in that behalf made and executed to him, said Mun- mouth, two several deeds, in one of which he conveyed to him &c. two tracts of land lying in the township of Stanford, one of which being in quantity 21 acres and bounded west- erly by a highway, northerly on land that belonged to Joshua Webb, easterly by the Mill River, southerly by the said Knapp's land, the other of said tracts being situate in the North Field, so called, on the west side the Mill River, and bounded westerly by highway, northerly partly by Silas Weed's land and partly by land of said Knapp, easterly by land of Mr. Loyd, and southerly partly by Samuel Hait and partly by Moses Knapp's land; in the other of said deeds the said Knap conveyed to said Munmouth &c. eleven and half acres of land lying on the west side of Bedford road and bounded east in part on John Knap jun land and part by said Bedford road, south and west by said Lounsbury's land, and north by said Lounsbury's land in part and part by John Knap jun. : the same monies for which the said Knap and Monmouth were obligated as aforesaid being unpaid at the times of their deaths, amounting to £12'6 0, lawful money, and the same being allowed by the court of probate for the district of Stamford as a debt against the estate of said Munmouth &c. ; praying that the memorialists, or some other suitable person, may be impowered to sell so much of the said lands as will answer and satisfie said sums with charges of sale, and what of said lands remain be conveyed back to the heirs of said Knap (fee, as per memorial on file: Re- solved by this Assembly, that Thomas June jun. of Stamford have liberty, and liberty and authority is hereby granted to him, to sell so much of the said lands as shall be sufhcient to pay and satisfy the said sum of £123 with the charges of sale, and also to convey the residue of said lands that shall be left after such sale as aforesaid to the heirs of said John Knap, deceased, in proportion to be by them severally held agreeable to the last will and testament of said Knap. 17G3.] OF CONNECTICUT. 207 Upon the memorial of the iiiliahitaiits of tlie east part of the township of Torrington in the county of Litclifiehl, pray- ino- to be made a distinct ecclesiastical society with all the powers and piiviledges of other societies in this Colony, and also that the west tier of lots in the township of New Hart- ford, beginning at the south bounds of said New Hartford and to extend north four miles, be annexed to said society, and also that the said inhabitants now living or that sliall liereaftcr live on said west tier be exempted from i)aying- [49] country rates &c., as per memorial on file: |j Resolved by this Assembly, that the inhabitants living on the east part of the township of said Torrington, viz: to begin at the east bounds of said Torrington and to extend west four tier and a half of lots, and also tliat the west tier of lots in the town- ship of New Hartford from the south bounds of said New Hartford to extend north four miles, lie and they are hereby made and constituted one distinct ecclesiastical society, with all tlie priviledges and powers that other ecclesiastical socie- ties in this Colony are vested with, and shall be known and called by the name of Torringford ; and also that the inhaln- tants now living or that shall hereafter live on said west tier of lots in said New Hartford sliall be exempted from paying Colony taxes during the pleasure of this Assembly. Upon the memorial of John Stephens of Stratford, praying for the raising the fare of the ferry at the narrows over Strat- ford River, as by memorial on file appears : Resolved by this Assembly, that for the future the fare of said ferry shall be three pence for man, horse and load, one penny for a foot man, two pence for a led horse, four pence for an ox or other neat kine, one farthing for every sheep, hog or goat. Upon the memorial of James Ford, administrator on the estate of John Ford late of Norwich in New London county, deceased, shewing to this Assembly that the debts and charges allowed by the court of probate for the district of Norwich surmount the sum of the personal estate of the said deceased the sum of £26 2 6, and praying for liberty and authority to sell so much of the real estate of the said deceased as to enable him to pay the said sum and the necessary charges arising on such sale : Resolved by this Assembly, that the said James Ford have liberty and he is hereby authorized and impowcred, to sell so much of the real estate of the said de- ceased John Ford as to enable him to pay the said sum of £26 2 6 and the necessary charges arising on such sale; taking the direction of the court of m-obate in, the district of Norwich therein. 208 PUBLIC RECORDS [October, Upon the memorial of Olive Allyn, administratrix on tlic estate of Nathan Allyn late of Canterbnry, deceased, shew- ing to tliis Assembly that the debts &c. against the estate of said deceased snrmount the personal estate the sum of <£12 10 0, L. money ; praying for liberty to sell so much of the real estate of said deceased as to pay said sum of X12 10 L. money, with the necessary charges arising thereon &c. : Resolved by this Assembly, that the said administratrix have liberty and slie is hereby impowered, to sell so much of the real estate of said deceased as to pay the said sum of £12 10 with the necessary charges arising thereon ; taking the direc- tions of the court of probate for the district of Plainfield therein. Upon the memorial of Nathan Williams and Waitstill his wife, shewing to this Assembly that they are administrators to the estate of Charles Davenport late of Canterbury, deceased, and also that they are guardians to Mary Davenport, a minor daughter to said deceas'd, and that the said Mary has had the small-pox to that degree that she has lost her eye-sight, and that the charges &c. expended for the said ]\Iary while she had the small-pox and since amounts to the sum of i:25 4 2, L. money, and that there is no personal estate belonging to said Mary to pay said sum but only seven acres and one hundred rods of land ; praying this Assembly for liberty to sell so much of said land as to pay said sum : Resolved by this Assembly, that the said memorialists have liberty and they are hereby impowered, to sell so much of said land as to pay said sum with the necessary charges arising thereon ; taking the direc- tions of the court of probate for the district of Plainfield there- in. Upon the memorial of William Shefifield, of Mendon in the county of Worcester and Province of the Massachusetts Bay, administrator on the estate of Elizabeth Blanchard, widow, late of Holiston in the Province of the Massachusetts Bay, deceas- ed, shewing to this Assembly that the said Elizabeth died seized of some real estate lying in Killingly in the county of Windliam and in the district of the court of probate of Plain- field, and that the said Elizabeth had no real estate in the Province of the Massachusetts Bay, and also that the debts, charges &c. due from said estate surmount the personal estate of said deceased the sum of .£51 13 6, L. money ; praying for liberty to sell so much of said real estate as to pay said sum with the necessary charges arising thereon : Resolved by this Assembly, that the said William Sheffield have liberty and he is hereby im])owered, to sell so much of said real estate as to 1763.] OF CONNECTICUT. 209 pay the sum of £51 13 G, lawful money, with tlie necessary charges arising tliereon; taking the directions of the court of probate for the district of Plainfield therein. Upon the memorial of Daniel Lyman and Samuel Bishop jun., both of New Haven, representing that pursuant to an act of this Assembly passed in October, 1762, they as representa- tives of the town of New Haven received of the committee ap- pointed by this Assembl}^ to distribute certain bonds given for [50] the purchaseof lands in the townsliip of || Norfolk, which by virtue of an act of this Assembly passed in May, 1738, be- longed to the several towns and societies in this Colony who made and computed a list in the year 1732, for the use of schools, and that they, the memorialists, now have in their hands the proportion of said bonds which belong to the sever- al societies in the town of New Haven, and that a dispute hath arisen between the present first society in New Haven and the society of White Haven concerning the property of the propor- tion of said bonds which belonged to the ancient first society in said New Haven, and praying the advice and direction of this Assembly therein : Resolved by this Assembly, that the proportion of said bonds which did belong to the ancient first society in New Haven and are now in the memorialists' hands to be distributed as aforesaid, do belong to the present first society in New Haven and White Haven society in equal pro- portion ; and the memorialists are hereby directed to deliver a moiety thereof to each of the school committees of said socie- ties respectively, to be by them held, used and improved for the use of the respective schools in said societies ; taking said school committees' receipts for the same. Whereas on the memorial of Colo. Benjamin Hinman, one of the inhabitants of the society of Southbury in the town of Woodbury, and the rest of the inhabitants of said society, rep- resenting that said society have had two committees appointed by the county court for the county of Litchfield to affix a place for building a meeting-house in said society, which said com- mittees did affix two places, the last of which places was in the highway at a place called Crook Horn Brook, which was estab- lished by said county court ; that since the affixing said place some things have intervened which renders the same incon- venient; praying for a committeetobeappointedto view, hear, and affix a place as will be most convenient for said purpose : this Assembly in May last appointed Jabez Hamlin, William Wolgott and William Pitkin jun., Esqf% a committee to view the circumstances of said society, hear all parties, and affix a place for the building said house, which committee have viewed 27 210 PUBLIC RECORDS [October, said society and largely heard all parties concerned, have re- ported to tliis Assembly that they have affixed a stake to be included within the compass of said meeting-house in the street, about forty rods southerly of the stake affixed by the last committee appointed by said county court as above- said, which they judge is the most convenient place to build a meeting-house to accommodate said inhabitants ; which report is approved and accepted by this Assembly : And it is there- upon resolved by this Assembly, tliat the said place affixed by the committee appointed by this Assembly as aforesaid be and the same is hereby affixed and established as the place for building a meeting-house for said society. Upon the memorial of Josiah Eogers, one of the inhabi- tants of the society of Norford in the county of New Haven, and the rest of the inhabitants of said society, representing that soon after the making of said society a number of the in- habitants of the first society in Wallingford living on farms contiguous to said society, on their application to the General Assembly for tliat purpose, were annexed to said society ; that the meeting-house in said society were placed with equal re- gard to said annexed inhabitants as well as the inhabitants of said society ; that said annexed inhabitants make one fifth part of said society in the list, and that the taking of such a quantity of the list of said society as the said annexed inhabi- tants make would greatly weaken said society and render them unable to fulfill their ministerial contracts and support the charges of the gospel in said society ; that difficulties have arisen and are likely still to arise in said society by the assigns or heirs of said annexed inhabitants refusing to pay rates in said society ; praying that said lands on which said annexed inhabitants did live when they made said application and which were contiguous to said Norford society and conveniently sit- uate to said society might be annexed and made part of said society : Resolved by this Assembly, that Samuel Sacket, Tho^ Darling and John Fowler, Esq", be a committee, and they are hereby appointed a committee of this Assembly, to view said lands and the circumstances of said Norford society, and to report to the General Assembly in May next what they shall find in the matters alledged in said memorial, and their opinion thereon. Upon the memorial of John Williams, executor to the last will and testament of Colo. John Williams, late of Stoning- town in the county of New London, deceased, shewing to this Assembly that said deceased was largely indebted at the time of his death ; that the provision made by the said deceased for /, 1763.] OF CONNECTICUT. 211 the discharge of said debts is found insufficient for that pur- pose ; that there is nothing to pay and satisfy said debts but only tlie estate specifically disposed of to the children and grandchildren of said deceased ; praying for relief 7 10.^ L. money. Mx. granted Ajjril 7th, 11 G-i. On the petition of Ichaljod Wetmore, of Midletown in the county of Hartford, vs. Samuel Lancelott, of Weathersfield in said county, as on file : The question was put, whether the prayer of said petition should be granted : Resolved by this Assembly in the negative. Cost alloived respondent <£1 6 0, L. money. Ex. granted Nov. 2d, 1763. [57] On the petition of Timothy Parsons, of Durham in the county of New Haven, vs. Hezekiah Talcott of said Dur- ham, as on file : The question was put, whether the prayer of said petition should be granted : Resolved by this Assem- bly in the negative. Cost allowed respondent £1 14 8. Ex. granted Nov. 2d, 1763. On the petition of Joseph Riggs and Mabel his wife, Dan- iel Tucker and Elizabeth his wife, and Peter Johnson jun. and Abigail his wife, all of Darby, vs. Daniel Humphry and Sarah Humphry of said Darby, as on file : The question was put, whether the pleas offered by the respondents in abatement of said petition are sufficient to abate the same : Resolved by this Assembly in the affirmative. Cost allowed respondent £1 12 8, L. 7noney. Ex. granted Nov. ^d, 1763. On the petition of John Landon, of Salisbury in Litchfield county, vs. Lewis Mills, of Kent in Litchfield county, as on 17G3.] OP CONNECTICUT. 225 file : The question was put, whether the prayer of said peti- tion should be granted: Resolved by this Assembly in the negative. Cost alloived respondent £2 17 2. JEx. granted Mv. Sd, 17G3. Upon the jjetition of Michael Judah, of Norwalk in the county of Fairfield, representing to this Assembly that he brought his writ of error, dated the 26th day of June, 1763, against Joseph Wheaton, of New Milford in the county of Litchfield, before the superior court holden at Litchfield on the last Tuesday save two of August, 1763, therein complain- ing and alledging that the said Joseph Wheaton brought his certain action against him before JBushnel Bostwick, Esq"", one of his Majesties justices of the peace in and for said county of Litchfield, on the 17th day of February, 1762, at said New Milford, by his certain writ dated the 6th day of February, 1762, which action in due course of law by legal removes came before the county court held at Litchfield within and for the county of Litchfield on the 4th Tuesday of A})ril, 1762, which said action was continued from court to court and finally came to tryal at the adjourned county court held at Litchfield within and for the county of Litch- field on the first Tuesday of January, 1763, when the said court rendered judgment in said action in favour of said Wheaton against said Judah, and that the said adjourn'd county court in proceeding to and rendering judgment in said action in favour of said Wheaton against said Michael Judah manifestly erred and missed the law, for several rea- sons therein assigned, and that the said superior court in proceeding to and rendering judgment in said action that the said judgment of the said county court in said action was not erroneous manifestly erred and missed the law; and therein praying that the said judgment of said superior court in said action might be set aside and reversed, and that he might l)e allowed liberty of a new tryal in said case at the said superior court to be holden at said Litchfield on the last Tuesday save two of August, 1764, and that all costs follow the final judgment in said case, or otherwise grant relief etc., as by the petition on file may more fully apj^ear: Resolved by this Assembly, that there is error in the said judgment of the said superior court referred to in the petition aforesaid as therein is alledged and complained of, and that the same judgment be reversed and the petitioner be restored to the damages he hath sustained by means of said erroneous judg- ment, which are £11 19 8, and that execution be granted therefor by the Secretary. Ux. granted Nov. 4:th, 1763. 29 226 PUBLIC RECORDS [Octobcr, Upon the memorial of Joseph Holt and Elizabeth his wife, both of Wallingford in the county of New Haven, adminis- trators (the saul Joseph in right of his said wife) of the goods and estate of Daniel Morriss late of said Wallingford, deceased, vs. Timothy Page and Joanna his wife and Debo- rah Marwin, all of said Wallingford, as on file : The question was put, whether the prayer of the said memorial should be granted : Resolved by this Assem)jly in the negative. Cost allowed respondent <£l 4 4. JEx. granted Nov. M, 1763, Upon the petition of Joshua Raymond jun., of New Lon- don in the county of New London, vs. Samuel Avery, of Groton in said county, and John Hawkins of said New Lon- don, as on file : The question was put, whether the pleas offered by the respondent in abatement of this petition are sufficient to abate the same : Resolved by this Assembly in the affirmative. Cost allowed respojident X3 10 0. IJx. granted Nov. 2d, 1763. Cost taxed and allowed to James Mitchel, of Weathersfield in the county of Hartford, for attendance &c. to answer the petition of Thomas Belding Arc. of Weathersfield aforesaid, preferred to this Assembly and by the petitioners withdrawn, is £1 13 0. Hx. granted Dec. 22d, 1763. Cost taxed and allowed John Pierce, of Litchfield in the county of Litchfield, and Ruth Patterson, of Farmington in the county of Hartford, executors of the last will and testa- ment of John Patterson of Farmington, late deceased, for attendance &c. to answer the petition of Samuel Cole of said Weathersfield, preferred to this Assembly and by the peti- tioner withdrawn, is X3 3. The gentlemen nominated V)y the freemen of this Colony to stand for Election in May, 1764, viz: The Honb^« Thomas Fitch, Esqr, the Hon^^'e William Pitkin, Esq^, Ebenezer Silli- man. Esq"", Jonathan Trumble, Esq"", Hezekiah Huntington, Esq"", Andrew Burr, Esq^ John Chester, Esq"", Benjamin Hall, Esq"", Daniel Edwards, Esqi", Jabez Hamlin, Esq% Mathew Griswold, Esq'', Slmbael Conant, Esq^ Elisha Sheldon, Esq"", Eliphalet Dyer, Esq^Phineas Lyman, Esq^Capt. Jabez Hun- tington, Mr. Roger Sherman, Colo. Robert Walker, Colo. William Pitkin, Mr. David Rowland. [58] The Sums Total of the Lists of the PoUs and Rateable Estate of the Inhabitants of the several Towns in this Colony hereafter mentioned, sent in to this -A ssembly are as follow, viz : Hartford, £38916 10 3 New Haven X55425 12 3 New London. , 336.^3 12 9 Fairfield, 59605 1 6 Norwich, 57504 14 3 Windham, 27244 10 2 Litchfield, 15135 16 6 Stamford, 30011 8 5 1764.] OP CONNECTICUT. 227 New Hartford , 5693 2 New Milford, 18673 18 8 Farmiiigton, 49873 9 10 Colchester, 25035 12 Glastonbury, 14110 5 O Newtown, 17497 19 11 Rido-cfield, 14587 6 10 Coventry, 17405 10 5 Hadhani, 13825 1 Salisbury, 11940 14 6 Mil ford, 27155 7 4 Sharon, 10898 16 10 Branford, 22566 19 10 Killingly, 22117 11 Cormval, 5866 16 Stafford, 7643 11 Lyme, 24324 5 10 East Hadham, 22965 15 Wellington, 6222 18 Tolland, 11060 17 6 Say brook, 21781 12 9 Danbury, 21764 Killingworth, 17033 3 8 Durham, 10329 1 8 Waterbury, 25304 10 4 Hebron, 19042 8 Sufifield, 17867 13 Preston, 21349 10 9 Mansfield, 17238 6 6 Woodbury, 41109 7 7 Midletovvn, 52373 5 Lebanon, 37144 9 6 WaUingford, 43841 13 5 Windsor, 42690 15 Voluntown, 10305 10 Groton, 23544 4 1^^ Sommers, 7062 1 Bolton, 9075 13 Enfield, 10009 5 Woodstock, 17600 Derby, 13398 2 Pomfret, 22037 7 6 Harwinton, 5421 3 6 Canterbury, 16611 11 3 Plainfield, 12600 Stratford, 43864 Guilford, 32882 2 4i Stonington, 32132 9 3 Canaan, 11356 8 Kent, 12700 Weatliersfield 29665 16 5 Norwalk, 37356 17 34 Symsl)ury, 23802 18 Goshen, 8589 2 Greenwich, 19990 19 3 New Fairfield, 9479 2 9 Asliford, 12860 4 Torrington, west side, 4074 19 east side, 1633 4 [59] Anno Regni Regis Greorgii tertii quarto. At a General Assembly of the Governor and Company op THE Colony of Connecticut holden at New Haven on the eighthteenth day of January, 1764, (by special order OP THE Governor,) and continued by several adjourn- ments until the twenty-first op said month. Present : The Honbie Thomas Fitch, Esq"", Governor. The Hon^'ie William Pitkin, Esq"", Deputy Governor. Ebenezer Silliman, Jabez Hamlin, Jonathan Trumble, Mathew Griswold, Hezekiah Huntington, Shubael Conant, )>Esq", Assistants. Benjamin Hall, Elisha Sheldon, Daniel Edwards, 228 PUBLIC RECORDS [January, Representatives or De])uties ivlio attended this Assembly are as folloiv, viz : [The names of the Representatives are not recorded.] [601 An Act for repealing one Law of this Colony entituled An Act for Relief of Insolvent Debtors, ^^rh.o are willing to make Discovery of and deliver upon Oath their Estates to their Creditors' Bene- fit, and to releass such Debtors from Imprisonment. Be it enacted by the Governor, Council and liepresmtatives, in General Court assembled, and by the authority of the same, That the aforesaid act be repealed, and the same is hereby re- pealed and made void in every part and paragraph thereof. Provided notwithstanding, That wliere any insolvent debtor hath agreeable to said act preferred a petition and the judges of the superior court have ])roceeded thereon so far as to ap- point assignees and direct an assignment of such debtor's estate to be made, and the same being actually made, such assignees shall proceed with, dispose and divide such estate according to the directions in said act given and to be under [61] the regulations || thereof respecting their conduct in that behalf, and such debtor to be dealt with and disposed of, and to have and receive the same benefit as he might have done had said act continued and been in force. This Assembly do appoint David Rowland, Esq^ to be Judge of the Court of Proliate in and for the district of Fairfield un- til the first day of June next. Upon the memorial of Rachel Hibbard, administratrix on the estate of Isaac Hibbard late of Woodbury, deceased, shew- ing to this Assembly that the debts and cliarges exhibited against said estate and allowed surmount the moveable part of said estate the sum of £39 19 5, and praying for liberty to make sale of so much of the real estate as to make said sum &c., as per memorial on file: Resolved by this Assembly, that the memorialist have liberty and she is hereby impower- ed, to make sale of so much of the said real estate as to make said sum of X39 19 5 lawful money, with the incident charges arising thereon ; taking the direction of the court of probate for the district of Woodbury therein. Upon the memorial of David Austin of New Haven, guar- dian to Punderson Austin, a minor, representing to this As- sembly that David Austin, father of said minor, died in the year 1759, intestate, soon after said Punderson entered a stu- dent at Yale College, and said memorialist was appointed guar- dian to said Punderson, whose portion in the estate of his father being chiefly in lands, that said minor continued in college until he took his degree in the year 1762, and that he is in debt for his necessary charges during said term £130, and 1764.] OF CONNECTICUT. 229 that it is necessary said sum be speedily paid, said minor hav- ing about 15 acres of hind in the Yorkshire Quarter, so called, which said memorialist could sell for the full value thereof; praying this Assembly to impower him to sell said land and improve the money for the payment of said debt, as per me- morial on file appears : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted unto him, to sell said land and improve the money raised by the sale thereof to pay said debt, and account tliere- for with said minor when he shall arrive unto the age of twen- ty-one years. Upon the memorial of David Wardwell, of Sommersin Hart- ford county, administrator on the estate of Samuel Wardwell late of said Sommers, deceased, shewingto this Assembly that the debts and charges due from the estate of said deceased, and allowed by the court of probate for the district of Stafford, surmount the inventoried personal estate of said deceased the sum of <£86 19 8 lawful money ; praying for liberty to sell so much of the real estate of said deceased as shall be sufficient to pay said sum &c., as per memorial on file : Resolved by this Assembly, that tlie memorialist have liberty, and liberty and authority is hereliy granted him, to sell so much of the real estate of said deceased as shall be sufficient to pay and satisfy said sum of X36 19 8 with the incident charges arising tliere- on ; taking the direction of the court of probate in the district of Stafford therein. Upon the memorial of Thomas Wildman jun. and Comfort Hoit, both of Danbury in Faii-field county, administrators upon the estate of Joseph Wildman late of said Danbiiry, deceased, shewing to this Assembly that the debts and charges on said estate allowed by the court of probate for the district of Dan- bury surmounts the personal estate the sum of i:591: 7 G, L. money ; praying for liberty to sell so much of the real estate as to pay said sum together with the incident charges arising thereon : Resolved by this Assembly, that the memorialists have liberty and they are hereby impowered, to sell so much of the real estate of said deceased as to raise said sum of X594 7 6, L. money, with the incident charges arising on such sale ; taking the direction of the court of probate for the district of Danbury therein. Upon the memorial of Martha Slaughter, of New Haven in New Haven county, shewing to this Assembly that at the su- perior court held at New Haven in February, 176-3, David Slaughter, her husband, was convicted of the crime of bui-gla- ry and received the punishment due thereto, and stood com- 2c0 PUBLIC RECORDS [March, mitled until tlic cost arisen in said prosecution should be an- swered, and that the said Slaughter thereupon, in order to procure his release from imprisonment, made over, conveyed [62] and granted unto the sheriff of New Haven || county a small piece of land in said New Haven, containing one quar- ter of an acre, having a small house thereon ; praying that tlie said sheriff might be directed to make over and convey the said house and land to her for her own use, or that the same may be leased to her during the pleasure of this Assembly ; as by said memorial on file : Resolved by this Assembly, that the sheriff of New Haven county be directed, and he is here- by directed, to convey said house and land by a proper deed thereof to tlie Governor and Company of this Colony, and cause the same to be entered on the records of the town of New Haven as soon as conveniently may be. And also grant- ed, that the memorialist have the use and improvement of said house and land for the term of four years next after the day of the session of this Assembly. It being now reported by the committee by this Assembly appointed to take into consideration two letters from the Right Hon'^ie the Earl of Halifax and his Excellency General Gage, toucliing the raising troops for defence against the savages &c., that (for reasons in such report contained) it is not expedient at present to proceed to raise troops for that purpose, which report this Assemljly having accepted, do thereupon refer the further consideration of the contents of said letters to the sec- ond Thurday in March next, at Hartford, to which time and place it is now resolved that this Assembly be adjourned.* [63] Anno Regni Regis Georgii tertii quarto. At a General Assembly of the Governor and Company OF THE Colony of Connecticut holden at Hartford BY adjournment ON THE EIGHTH DAY OF MaRCH, 1764. Present : The Hon'j'e Thomas Fitch, Esqf, Governor. The Hon^^'e WilHam Pitkin, Esq"", Deputy Grovernor. Ebenezer Silliman, Benjamin Hall, ^ Jonathan Trumble, Daniel Edwards, 1 Esq", Hezekiah Huntington, Jabez Hamlin, ( Assistants. John Chester, Mathew Griswold, J * The Report is in War, X, 194 1764,] OP CONNECTICUT. 231 Representatives or Deputies who attended this Assemble/ are as folhnv : Hartford, Colo. Sam. Talcott, Colo. William Pitkin. New Haven, JVIr. Daniel Lyman, Mr. Samuel Bishop. New London, Mr. William Hilllionse. Fairfield, Mr. David Rowland. Windham, Mr. Samuel Gray, Colo. Eleazer Fitch. Litchfield, Colo. Ebenezer Marsh, Capt. Isaac Baldwin. Norwich, Capt. Jabez Huntington, Mr. Daniel Lothrop. Stamford, Colo. Jonathan Plait, Mr. Abraham Davenport. New Hartford, Capt. Isaac Kellogg, Capt. Mathew Gillit. New Milford, Mr. Bushnel Bostwick, Mr. Nathan Gaylord. Farmington, Mr. John Strong, Mr. Solomon Whitman. Colchester, Mr. Daniel Foot, Mr. John Hopson. Glastonbury, Capt. Jonathan Hale, Mr. William Welles. New Town, Mr. Abel Booth, Capt. Henry Glover. Coventry, Mr. Joseph Strong jun., Mr. Phineas Strong. Haddam, Mr. Hezekiah Brainerd. Salisbury, Mr. John Everts, Capt. James Landon. Milford, Mr. Robert Treat. Sharon, Capt. John Williams, Mr. David Foster. Branford, Mr. Josiah Rogers. Killingly, Mr. Bryant Brown, Mr. William Danielson. Cornwall, Mr. Joshua Pierce, Capt. Amos Johnson. Stafford, Capt. Isaac Finney, Mr. Samuel Davis. Lyme, Mr. John Lay 2d, Mr. Samuel Selden. East Haddara, Capt. Christopher Holms. * Wellington, Mr. Moses Holms, Mr. Abner Barker. Toland, Capt. Zebulon West, Capt. Joshua Wills. Saybrook, Mr. John Shipman, Capt. John Murdock. Danbury, Mr. Samuel Taylor. Killenworth, Mr. Theophilus Morgan. Durham, Colo. Elihu Chauncey, Ca])t. James Wadsworth. Waterbury, Mr. Ephriam Warner, Mr. Stephen Upson jun. Heluon, Mr. Benjamin Buel. Suffield, Capt. Sam' Kent jun., Mr. W^illiam King. Preston, Mr. Simon Brewster, Mr. Timothy Lester. Mansfield, Major Joseph Storrs. Woodbury, Mr. Daniel Sherman, Capt. Increase Mosely. [64] Midletown, Mr. Seth Wetmore, Mr. Mathew Talcott. Lebanon, Capt. Joshua West, Mr. William Williams. Wallingford, Mr. Charles Whittlesey, Capt. Sam' Hulls. Windsor, Capt. Josiah Bissell, Mr. Mathew Rockwell. Voluntown, Mr. John Gordon, Mr. Robert Jameson. Groton, Capt. Eben"" Avery, Capt. William Williams. 232 PUBLIC RECORDS [Marcli, Somers, Mr. Setli Dwiglit. Bolton, Mr. David Strong, Mr. Stephen Cone. Endlleld, Capt. Joseph Olmstead, Mr. Nath' Terry. Woodstock, Mr. Ebenczer Smith jun. Darby, Cajjt. Sam' Basset. Pomfret, Colo. Ebenezer Williams, Mr. Samuel Craft. Harvvinton, Capt. Abijah Catling, Mr. Daniel Catling. Canterbury, Capt. Jabez Fitch, Capt. Obadiah Johnson. Plainfield, Capt. John Douglass, Capt. Isaac Coit. Stratford, Colo. Robert Walker. Guilford, Colo. Timothy Stone, Mr. Nathaniel Hill. Stonington, Capt. Joseph Dcnison. Canaan, Colo. David Whitney, Gapt. Charles Burrell. Kent, Mr. Cyrus Marsh, Capt. John Hitchcock. AVeathersfield, Capt. Thomas Belding, Capt. Elisha Williams. Norwalk, Mr. Peter Lockw(TOd. Symsbury, Mr. llezekiah Humphry, Capt. Jonathan Petibone. Goshen, Capt. Moses Lyman, Capt. Samuel Nash. Ashford, Mr. Amos Babcock, Mr. Ezra Smith. Whereas his Honor the Governor hath laid before this As- sembly a letter lately received from the Right Hon^''*^ the Earl of Halifax, one of his Majesty's principal Secretaries of State, dated October 19th, 1768,* signifying his Majesty's pleasure relative to the insurrections of the Indian nations, and another from his Excellency Thomas Gage, Esq% Commander-in- Chief of his Majesties troops in America, demanding the number of five hundred men from this Colony to assist in carrying war into the Indian country, in order to pimish the savages who have been guilty of perfidious and cruel massa- cres of the English : And altho' this Colony is not exposed by its situation, nor to be accounted most able by its circum- stances, yet ready to yield obedience to his Majesty's com- mands and according to our ability promote iiis Majesty's ser- vice and contribute to the general purposes of defence and of annoyance of the savages, in order to put a speedy end to the great mischiefs occasioned by them : This Assembly da therefore enact and resolve^ and it is here- by enacted and resolved, That all necessary provision be made for levying, cloathing and paying two hundred and sixty- five able-bodied and effective men, officers included, to be raised by inlistment with all possible dispatch within this Col- ony, none to be inlisted who are not between twenty-one and fifty years of age, to march to such place or places in North America as his Majesty's Commander-in-Chief shall judge * A copy is printed in New ITami}frevent, Be it enactedhy the Governor, Council and Iiep7-esentatives, in Greneral Court assembled, and hy the authority of the same, That no person whatsoever who is duly inlisted or shall so inlist and enter himself a volunteer into his Majesty's service during the continuance of this act shall be liable to be taken out of his Majesty's service by any process or execution other than for some criminal matter, unless for a I'eal debt or other just cause of action arisen before their entry into such service, and unless before the tak- ing out of such process or execution, not being for a criminal matter, the plaintiff or plaintiffs therein, or some other person or persons on his or their behalf, shall make oath before the authority or officer granting such process or execution, Avho are impowered to administer the same, or be- fore some other proper authority, that to his or their knowl- edge the original sum justly due or owing to the plaintiff or plaintiffs fi'om the defendant or defendants in such action or cause of action on which such process or execution shall issue, amounts to the value of ten pounds sterling at least ; a mem- orandum of which affidavit shall be entered on the back of such process or execution. And if any person shall be arrested contrary to the intent of this act, it shall and may be lawful for any one Assistant and one justice, or two justices quorum unus, upon complaint thereof made by the party himself or by any of his superior officers, to examine into the same by the oath of the parties or otherwise, and by warrants under their hands to discharge such soldier so arrested contrary to the intent of this act, upon due proof made before them that such soldier so arrested was legally inlisted as a soldier into his Majesty's service and arrested contrary to the intent of this act, and to award reasonable costs to the party complain- ing and grant execution therefor accordingly. 236 PUBLIC RECORDS [Marcli, Provided nevertheless, Tliat nothing- in lliis act shall be con- strued to extend to prohibit or hinder any process or execu- tion going out against the estate of such soldier or soldiers in due form of law. Provided also, That this act continue in force until the end of the sessions of this Assembly in October next, and no longer. [G7] This Assembly do ai)point Hezekiah Huntington and Jabez Hamlin, Esqi's, Commissaries to provide blauiiets, knap- sacks, and such other articles as may be necessary to be pro- vided for the soldiers ordered to be raised by this Assembly for his Majesties service the current year. Resolved by this Assembly, That his Honor the Governor be desired, and he is hereby desired, to appoint and by his war- rant authorize some suitable person to serve as a Chaplain in the forces ordered by this Assembly to be raised for his Majesties service the current year; and also, in case his Honor shall judge it necessary or expedient that a Surgeon should be provided to attend said forces, he is desired to appoint and impower some proper person to act in said capacity.* This Assembly do appoint Jabez Hamlin, David Rowland, Esq's, r^ji(\ ]y||., I)aniel Lothrop, to be a committee to hear, examine and adjust the accounts of Benjamin Bancrolt of Snfifield, said Benjamin Bancroft and Tbomas Payson of Boston, traders in company, and Ichabod Fitch of Lebanon and Eleazer Pomroyof Hartford, traders in company, wherein the Governor and Company are charged for sundry hos- pital stores provided and delivered for the use of the Connec- ticut troops in late campaigns. And the said committee are hereby directed to notifie the said parties to appear and lay their accounts before them, at such time and place as they shall appoint, and to hear them fully thereon, and make their report of what they shall iind in the premises to this Assem- bly in May next. This Assembly do appoint Mr. Thomas Seymour of Hart- ford to be Agent and Attorney for the Governor and Com- pany of this Colony, to appear before any court or courts in judicature, committees or other boards of audience, and theie on the behalf of the said Governor and Company to defend in all actions that are or may be commenced against the said Governor and Company. Upon the memorial of Simeon Raymond, of Norwalk in the county of Fairfield, shewing to this Assembly that there ■"'Ambrose Collins served as chaplain, and Ebeuezer Jesup as surgeon in this expedition. War, x, 235, 241. 17G4.] OF CONNECTICUT. 2o7 is a patent obtained by Josiah Wheeler, of Huntington on Long Island, to keep a ferry to transjjort pcoi)lc, horses \S 13 6i, and thereupon praying for liberty to sell real estate, as per said memorial on file: Re- solved by this Assembly, that the memorialists have liberty, and they are hereby authorized and impowered, to sell so much of the real estate of said deceased as will procure the afore- said sum of £33 13 6^, L. money, to enable them to pay the debts aforesaid, together with the incident charges arising on such sale ; taking the direction of the court of probate for the district of Midletown therein. 284 PUBLIC RECORDS [May, On the memorial of Daniel Francis of Killingswortli, ad- ministrator on the estate of Benjamin Spencer late of Had- dam in the district of Midletown, deceased, shewing to this Assembly that the debts and cliarges due from the estate of said deceased snrmonnts the moveable estate of said deceased the sum of £20 14 6, L. money; praying for liberty to sell real estate, as 'per memorial on file : Resolved by this As- sembly, that the said Daniel Francis have liberty and he is impowered, to make sale of so much of the real estate of said deceased as will raise said sum of £20 14 6, L. money, with the incident charges of said sale ; taking the direction of the court of probate in the district of Midletown therein. On the memorial of Hezekiah Humphry, Esq'', adminis- trator on the estate of James Bunce late of Symslmry in the district of Hartford, deceased, to this Assembly for liberty to make sale of so much of the real estate of the said deceased as will raise the sum of <£12 13 10i,L. money, for the pay- ment of the debts due from said estate : This court grants liberty to the said Hezekiah Humphry, administrator on the estate of the said James Bunce, to sell so much of the real estate of the said deceased as will procure the sum of XI 2 13 lOJ, L. money, with necessary charge arisirig thereon ; tak- ing the advice of the court of probate in the district of Hart- ford therein. Upon the memorial of Mary Andruss, administratrix on the estate of Lieut. David Andruss late of Farmington, de- ceased, shewing to this Assembly that the debts and charges due from the estate of said deceased, with necessaries set to the widow, surmount the moveable estate of the said deceased the sum of c£83 8 0, lawful money ; praying to this Assembly that the memorialist may be impowered to make sale of so much of the real estate of said deceased as to raise the sum of X83 8, lawful money, with the incident charges arising on said sale : Resolved by this Assembly, that the memorialist have liberty, and the memorialist is hereby impowered, to make sale of so much of the real estate of the said deceased as to raise said sum of X83 8 with incident charges arising on said sale ; she taking tlie directions of the court of probate in the district of Hartford therein. Upon the memorial of Moses Holms and Mary Stoel, both of Willington, executors of the last will and testament of David Stoel late of Willington, deceased, representing to this Assembly that the debts and charges due from the estate of said deceased and allowed by the court of probate for the district of Stafford surmount the moveable estate of said de- 1764.] OP CONNECTICUT. 285 ceased the sum of £65 19 5, L. money; praying for lil)crty to sell so much of the real estate of said deceased as shall he sufficient to pay said sum &c., as per memorial on file: Resolved by this Assembly, that the memorialists have liberty, and liberty and authority is hereby granted to'them, to sell so much of the real estate of said deceased as shall be sufficient to pay said sum of £Q5 19 5 with the incident charges arising thereon ; taking the direction of the court of prol>ate for the district of Stafford therein. Upon the memorial of Ann Sedgwick, of Cornwall in Litchfield county, shewing that she liveth on a road greatly used by travelers and hath been for many years a tavern- keeper licenced according to law &c., and that thrO some mis- understanding the authority &c. of said Cornwall neglected to nominate her in the month of January last &c. ; praying for licence to be a tavern-keeper to retail strong liquor &c., until tlie fourth Tuesday of April next, as per memorial on file : Resolved by this Assembly, that the said Ann Sedgwick have licence, and licence is hereby granted unto her, to be a tavern-keeper and retailer of strong liquors &c., until the fourth Tuesday of April next: provided 'that she, the said Ann Sedgwick, give bond to the county court in Litchfield county to observe all the laws respecting tavern-keepers. [95] Upon the memorial of John Williams of Sharon, and Cyrus Marsh of Kent, both in the county of Litchfield, shew- ing to this Assembly that the memorialists, with others, were appointed by this Assembly at their sessions in October, 1761, to assist one William Turner in managing a lottery, called Housatonuck River Lottery, and that the memoi-ialists with the rest of said managers, having taken all possible care to plan said lottery and to prepare the same for a draft, did meet together in Sharon aforesaid and finding a considerable number of their tickets unsold the said Turner, who had sold eight hundred and fifty-seven of said Tickets which he had kept in his own hands, did receive about two hundred more of said tickets of the rest of the managers, and soon informed the managers that he had sold them also ; whereupon the managers proceeded and near upon finished the draft of said lottery, and before the managers could account amongst them- selves the said William Turner died, having in his hands the aforesaid number of ten hundred and fifty-seven tickets to account for &c. ; praying to this Assembly for their direction as to their future i)roceeding in the matter of said lottery, as per memoiial on file : Resolved by this Assembly, that In- crease Mosely, Bushnel Bostwick and Isaac Baldwin, Esq''^ 286 PUBLIC RECORDS [May, be a committee to enquire into the accounts of the memorial- ists and the rest of the managers severally conccrnino- the monies each of them have received as managers of said lot- tery, and also to enquire into the estate of the said William Turner, deceased, and report the several accounts of said managers, together with what tliey find with regard to the estate of the said William Turner, to this Assembly at their sessions in October next. , Upon the memorial of Asahel Strong, Noah North and David Austin, all of Torrington in the county of Litchfield, listers of the town of Torrington for the year 1763, repre- senting that Noah Marshal and Thomas Coe, both of Litch- field county, and Amasa Marshall, of said Torrington, being duly warned to give in a list of their several estates rateable in said town of Torrington, whereof they were possessed on the 20th of August, 1768, did wliolly neglect and design- edly refuse to exhibit to said listers any list of their said estates ; that the memorialists afterwards gaining intelligence of their several estates as aforesaid did set the said Noah Marshall the sum of £35 0, the said Thomas Coe £32 12 0, and tlie said Arhasa Marshall £148 8 0, in the grand list of said Torrington, as a fourfold assessment for their negli- gence and refusal as aforesaid ; that the said persons so four- folded, upon application to the authority and selectmen of said Torrington, did procure bills of abatement of said fourfold assessment ; and the memorialists praying for relief &c., as per memorial on file &g. : Resolved by this Assembly, that each and every of the aforesaid bills of abatement granted and procured as aforesaid be null and void and for nothing esteemed. Upon the memorial of Roger Billings and others, inhabit- ants in the town of Voluntown, in the north society in Ston- ington and in the second society in Preston, shewing to this Assembly that those of them in the town of Voluntown live in general ten miles from the meeting-house in said town ; that those of them in said north society in Stonington and in the said second society in Preston are situate at six and five miles from the meeting-houses in said societies ; that it would be greatly for the benefit and advantage, both civil and reli- gious, of the inhabitants included within the following lines and limits to be made into a distinct ecclesiastical society : that is to say. Beginning at the Colony line where Putchauge River runs out of Pauconnnock Pond, from thence westerly bounding northerly by said river until it comes to a bridge over said river near the dwelling-house of Obadiah Roads in 1764.] OF CONNECTICUT. 287 said Voluntown, and from thence a west line until it intersect with Preston town line, then southerly with said town line until it comes to the north line of Peter Parlce's land, then westerly includin lished by said county court in November, 17ti2; that said place, nevertheless, is found to be inconvenient, and that the me- morialists cannot agree to build at said place ; praying to have said doings set aside &c. : Resolved by this Assembly, that the doings of said committee in affixing of said place, and of the said county court in establishing the same, be and the same is hereljy set aside and made void, and that Capt. Elisha Williams and Capt. Thomas Curtice, of Weathersfield, and Mr. Isaac Lee jun'', of Farmington, be and they are hei'eby appointed a committee to repair to said society and view the circumstances thereof, and to hear all parties concerned, and to affix and ascertain a place for building a meeting-house for 288 PUBLIC RECORDS [May, divine worship in said society, as they shall judge most equal and convenient for the whole, and make their report to this Assembly at their sessions in October next ; all at the cost of the memorialists. Upon the memorial of John Spencer of Killingsworth, shew- ing to this Assembly that some years past he purchased a dwelling-house in Killingsworth and was at large expence in repairiirg the same, and agreed with Abel Buel of Killings- worth for the exchange of the same for other lands ; that be- fore the deed from said Buel to said memorialist was complea- ted said Buel was apprehended for counteifeiting bills of credit of this Colony, for whicli he has since been convicted ; that on account of the disability of said Buel at the time of .executing his said deed he, said memorialist, is liable to be a great sufferer ; praying for relief &c., as per memorial on file : Eesolved by this Assembly, that Messrs. Nathaniel Hill of Guilford, Benjamin Gale of Killingsworth, and John Murdock of Saybrook be and they are hereby appointed a committee, to repair to said Killingsworth, enquire and examine into the matters referred to in said memorial, and report with their .opinion thereon to this Assembly at their sessions in October next. Upon the memorial of Abel Buel of Killingsworth, shewing to this Assembly that he was convicted of altering some of the bills of credit of this Colony, in consequence of which convic- tion is now confined in the gaol in New London in close prison where he has no means of support, is out of health, in danger of perishing &c. ; praying for relief, as per memorial on file : Eesolved by this Assembly, that the sheriff of the coun- ty of New London be and he is hereby directed, upon tiie said Buel's procuring sufficient bail to become bound in a penal bond of one hundred pounds money, conditioned that the said Buel shall be of good behaviour and not depart out of the limits of the town of Killingsworth without the special licence of this Assembly, to Release the said Abel Buel from his imprisonment aforesaid. On tlie memorial of David Cook, of Wallingford in New Haven county, shewing to this Assembly that he kept a house of public entertainment in said Wallingford the last year to good acceptance of all travellers thrO said town, and thatthrO some misunderstanding the officers at their meeting in Janu- ary last for nominating tavern-keepers neglected to nominate him, contrary to the mind of tlie greatest part of the civil authority present, and thereupon praying for licence &c., as per memorial on file : Resolved by this Assembly, that the 1764.] OF CONNECTICUT. 289 said David Cook have licence, and licence is hereby granted to him, to be a tavern-keeper and retailer of strong liquors until the first Tuesday of April next : provided that he, the said David, give bond to tlio county court in the county of New Ha\en to observe all the laws that are or shall be made re- specting tavern-keepers. Upon the memorial of Thomas Jndd, representing to this Assembly that he is settled on a wedge of land not witiiin the bounds of any township in this Colony, but is supposed to be within the jurisdiction right of the town of Symsbury ; that by reason of his advanced age, want of estate &g., is unable to support himself, is in danger of perisliing &c. ; praying for relief &c., as per memorial on file : Resolved by this Assem- bly, that the town of Symslauy be and they are hereby order- ed and directed forthwith to advance necessary relief for the said Thomas Judd and family, and continue such support ac- cordingly until it be found by a legal tryal that some other town in this Colony are chargeable for their support. Always provided, that nothing in this resolve sliall be understood to obstruct or prevent the town of Symsbury from recovering of any other town in this Colony who are or may be chargeable, by law for the support of the said Thomas Judd &c. whatever the town of Symsbury shall be obliged to advance for the sup- port of the said Thomas Judd. [97] Upon the memorial of John Benton of Hartford and Elizabeth his wife, executors of the last will and testament of Josiah Bigelow late of said Hartford, deceased, shewing to this Assembly that the debts and charges due from the estate of said Josiah Bigelow, deceased, surmount the moveable estate of said deceased, over and above the former accounts exhibit- ed and allowed, the sum of <£36 14 lawful money ; praying for liberty to make sale of so much of the real estate of said deceased as will raise said sum and the incident charges of sale : Resolved by this Assembly, that the said John Benton and Elizabeth his wife have liberty and they are hereby im- powered, to make sale of so much of the real estate of the said Josiah Bigelow, deceased, as will procure the sum of £36 14 0, L. money, together with the incident chaiges of sale ; taking the direction of the court of probate of Hartford district there- in. Upon the memorial of Moses Fish and others, inhabitants of the town of Voluntown, shewing to this Assembly that the said town of Voluntown is nigh seventeen miles in length, that there is but one ecclesiastical society in said town, that near as many of the inhabitants of said town are settled at and, 37 290 PUBLIC RECORDS [May, near the extreme parts of said town as any other part thereof, that it is extream difficult and inconvenient for said inhabi- tants to attend the pubhc worship at any one particular place, and praying to be made two distinct ecclesiastical societies &c., as per memorial on file &c. : Resolved by this Assembly, that Capt. Zebulon West of Tolland, Colo. Joseph Spencer of East Haddam, and Mr. Joshua West of Lebanon, Esq'^^ be and they are hereby appointed a committee to repair to said Volun- town, view the circumstances and situation of said inhabitants with the matters referred to in said memorial, and report with their opinion thereon to this Assembly at their sessions in Oc- ber next. Upon the memorial of Joanna Kent, of Suffield in the coun- ty of [Hartford,] widow of Moses Kent formerly of said Suf- field, deceased, and administratrix on the estate of said Moses, shewing to this Assembly that the said Moses at the time of his death, which happened on or about the 10th day of March, 1743, was possessed of a considerable estate in lands, which descended to his only child and heir, Elias Kent of said Suf- field, then of the age of four months ; that the personal estate of the said Moses was but a little more than sufficient to pay his debts ; that the said Elias hath been from his birth an id- iot, wholly unable to take care of himself or to do any labour ; that the said Joanna Kent, who was guardian to said idiot, hath wholly maintained and supported him for more than twenty-one years, and that in doing the same she hath expend- ed at least .£175 0, lawful money, more than she hath re- ceived out of the said Elias's estate, or the incomes thereof ; that the said Joanna upon representation made of the improb- ability of the said idiot's ever having the exercise of reason to the county court in the county of Hartford in June, 1763, was by said court appointed conservator of the person and estate of the said Elias, and the said Joanna did thereupon exhibit her account for supporting &c. said Elias to the said court at their sessions in Hartford aforesaid in April last for their al- lowance and acceptance, and that said court being in doubt whether the law enabled them to allow any part of said ac- count that was antecedent to the said Joanna's being appoint- ed conservator as aforesaid, and that the said court did not allow said account or any part tliereof, and praying for the interposition of this Assembly, that a committee may be ap- pointed to enquire into the said account &c. : Resolved by this Assembly, that Capt. Josiah Bissell, and Mr. Alexander Wolcott, of Windsor, be a committee, and they are hereby ap- pointed a committee, to examine and inquire into the accounts 1764.] OF CONNECTICUT. 291 and other matters referred to in the aforesaid memorial, and of wliat they find, with their opinion thereon, make report to the General Assembly to be holden at New Haven on the second Thursday of October next. The Additions to the Lists of the respective Towns in this Colony for the Year 1 763, sent in to this Assembly are as followeth. Single Additions. Fourfold do. 837 90 316 00 49 5 113 4 Ashford, £ 340 5 Fairfield, 305 6 5 East Haddam, 71 Endfield, 370 14 Woodstock, 863 10 Lebanon, 826 9 New Town, 646 1 1 D anbury, 343 15 11 Sharon, 653 1 8 Sommers, 102 14 Cornwall, 80 16 Symsbury, 889 Killingiy, 1344 Colchester, 2293 17 Waterbury, 891 10 3 New Milford, 578 8 4 Wellington, 39 3 Coventry, 1540 14 10 Kent, 203 11 Windham, 762 14 Canterbury, 796 5 Stonington, 1544 8 Voluntown, 292 Killingsworth, 244 15 Windsor, 421 7 Mansfield, 222 2 Canaan, 982 5 Norwich, 937 11 [98] Haddam, 473 11 Pomfret, 432 Salisbury, 1087 13 6 Goshen, 207 9 Stratford, 1349 Litchfield, 151 3 Say brook, 428 2 2 Stamford, 222 13 3 Norwalk, 736 7 3 New Haven, 1489 4 6 Greenwich, 2294 6 2 530 8 18 197 7 120 12 448 14 614 16 195 12 1969 7 309 3 1268 32 17 168 6 6 143 17 509 17 292 PUBLIC RECORDS [May, Guilford, New London, 889 11 Hebron, 1261 11 Farmington, 643 11 Midletown, Bolton, 266 9 Suffield, 318 11 Darby, 1401 5 7 Woodbury, 815 10 3 Lyme, 1092 17 Harwinton, 26 Weathersfiold, 1324 12 9 Durham, 204 6 4 Stafford, 222 5 Wallingford, 1369 19 6 Brandford, 194 17 6 Groton, 631 4 Milford, 204 19 Toland, 87 16 Preston, 172 16 261 11 9 772 12 313 8 464 16 209 4 20 91 4 276 16 74 7 681 4 506 15 75 12 On the petition of James Richardson of Stonington, against Benjamin Bancroft of Suffield, as on file : The question was put, whether the prayer of said petition should be granted : Resolved by the Assembly in the negative. On the petition of Elijah Woodruff and Ann his wife, of Farmington in the county of Hartford, against Nicholas Ayrault, of Weathersfield in said county : The question was put, whether the prayer of said petition should be granted : Re- solved by this Assembly in the negative. Cost allowed re- spondent <£4 6 10, L. M. Ex. granted June 16i7i, 1764. On the petition of David Barber, of Windsor in the county of Hartford, against John Palmer of said Windsor, as on file : The question was put, whether there was error in the judg- ment of the superior court referred to in said petition, as there- in is alledged and complained of : Resolved by this Assem- bly in the negative. Cost allowed respondent £1 1 8, L. mon- ey. Ex. granted June Sth, 1764. On the petition of Stephen Griswold, of Bolton in the coun- ty of Hartford, against Ruth Forbs of Ha,rtford in said county, as on file : The question was put, whether there was error in the judgment of the county court and superior court referred to in this petition, as therein alledged and complained of : Resolved by this Assembly in the negative. On the petition of John Downe, of Milford in the county of New Haven, against Joseph Woodruff, Esq', Joseph Wood- 1764.] OP CONNECTICUT. 293 ruff jun'', Jeliiel Bryan, Daniel Treat, Joseph Piatt 3d and Humphry Colbrett, all of said Milford, as on file : The ques- tion was put, whether the pleas offered in abatement of said petition are sufficient to abate the same : Resolved by this Assembly in the affirmative. Cost allow'' d respondent £1 7 4. Ex. granted Nov. 1st, 1764. On the petition of John Kimberly, of Glastonbury in the county of Hartford, against Timothy Hale jun"" and Mathew Miller, both of said Glastonbury, as on file : The question was, whether the pleas offered by the respondents are suffi- cient to abate the same : Resolved by this Assembly in the affirmative. On the petition of Susannah Emmons, late of Litchfield in the county of Litchfield now of Glastonbury in the county of Hartford, against Arther Emmons, Eli Emmons, Lydia Em- mons and Tabitha Emmons, all of said Litchfield, as on file : The question was put, whether the prayer of this petition should be granted : Resolved in the negative. On the petition of Samuel Atwell jun"^, of New London in the county of New London, against Jedediah Chappel of said New London, as on file : The question was put, whether tlie prayer of this petition should be granted : Resolved by this Assembly in the negative. Upon the memorial of Abner Bebee, administrator on the estate of Thomas Fox late of East Hadam, deceased, repre- senting to this Assembly that the debts and charges due from the estate of said deceased surmount the personal estate of said deceased the sum of X16 lis. 9^c?. lawful money, and praying for liberty to sell so much of the real estate of said deceased as shall be sufficient to raise said sum with the inci- dent charges arising thereon : Resolved by this Assembly, that the said Abner Bebee have liberty to sell ^ much of the real estate of said deceased as shall be sufficient to raise said sum with the incident charges arising thereon ; taking the di- rection of the court of probate in the district of East Haddam therein. 294 PUBLIC RECORDS [October, [100] Anno Regni Regis Georgii tertii quarto. At a General Assembly of the Governor and Company op HIS Majesty's English Colony op Connecticut in New England in America holden at New Haven in said Colony on the second Thursday op October, (being the [eleventh] day op said month,) and continued by several adjournments until the day of No- vember next following, annoque Domini 1764. Present : The Honourable Thomas Fitch, Esquire, Governor. The Honourable William Pitkin, Esq'', Dejyutg Grovernor. Ebenezer Silliman, Esq"", Mathew Griswold, Esq' Hezekiah Huntington, Esq'',Shubael Conant, Esq"" John Chester, Esq"", Elisha Sheldon, Esq"", 1 Assist- Beujamin Hall, Esq"", Eliphalet Dyer, Esq"", [ ants. Daniel Edwards, Esq'', Jabe? Huntington, Esqf Jabez Hamlin, Esq"", Representatives or Deputies wJio attended this Assembly are as follow., viz : Colo. Samuel Talcott, Colo. William Pitkin, for Hartford. Mr. Roger Sherman, Mr. Samuel Bishop, for New Haven. Capt. Pygan Adams, Mr. William Hilhouse, for New London. Mr. David Rowland, Capt. David Burr, for Fairfield. Mr. Nathaniel Wales, Mr. Hez^ Manning, for Windham. Capt. Oliver Wolcott, Colo. Ebenezer Marsh, for Litchfield. Mr. Daniel Lothrop, Mr. Ebenezer Backus, for Norwich. Colo. Jonathan Hoit, Mr. Abraham Davenport, for Stamford. Mr. Jonas Prentiss, Mr. Paul Wheeler, for Stonington. Capt. Abijah Catlin, for Harwinton. Mr. Josiah Rogers, Mr. John Wilford, for Branford. Capt. Isaac Pinney, Mr. Daniel Alden junf, for Stafford. Mr. Bushnel Bostwick, Mr. Nathaniel Gaylord, for New Mil- ford. Capt. John Fowler, Maj"" David Baldwin, for Milford. Mr. Solomon Whitman, Mr. Jonathan Root, for Farmington, Capt. Samuel Kent, Mr. William King, for Suffield. Mr. Thomas Russel, Mr. Joshua Pierce, for Cornwall. Mr. Joseph Sexton, Mr. Seth D wight, for Sommers. Mr. Phineas Strong, Mr. Ephraim Root, for Coventry. Colo. David Whitney, Mr. James Bebee, for Canaan. [101] Capt. Samuel Gilbert, for Hebron. Sir. Daniel Foot, Capt. Dudley Wright, for Colchester. Capt. Benjamin Sumner, Capt. Benjamin Clark, for Ashford. Mr. John Lay, Mr. Samuel Selden, for Lyme. 1764.] OP CONNECTICUT. 295 Capt. James Bradford, Capt. Isaac Coit, for Plainfield. Capt. Moses Lyman, Capt. Samuel Nash, for Goshen. Mr. Jolin Crane, Capt. Theophihis Morgan, for Killingworth. Capt. Elisha Williams, Capt. Thomas Belding, for Weathers- field. Capt. Jabez Fitch, for Canterbury. Mr. Thomas Fitch jun'', Mr. Peter Lockwood, for Norwalk. Capt. Thomas Chittenden, Mr. Joshua Porter, for Salisbury. Capt. Nehemiah Lyon, for Woodstock. Capt. John Case, for Symsbury. Mr. Samuel Olmstead, Mr. John Benedict, for Ridgefield. Capt. John Williams, Mr. David Forster, for Sharon. Mr. Seth Wetmore, Mr. Richard Alsop, for Midletown. Maj. Elihu Hall, Mr. Titus Brocket, for Wallingford. Mr. Charles French, Mr. Joseph Hull, for Derby. Mr. John Gordon, Mr. Robert Jameson, for Voluntown. Mr. Benjamin Chaplin, Mr. William Hall, for Mansfield. Mr. William Wells, Mr. John Kimberly, for Glastonbury. Colo. Timothy Stone, Mr. Nathaniel Hill, for Guilford. Mr. Joseph Wells, for Haddam. Capt. Isaac Kellogg, Capt. Mathew Gillet, for New Hartford. Capt. Zebulon W^est, Mr. I]lijah Chapman, for Tolland. Mr. Jo!\st, 1765. On the petition of John Abbee, of AVindham in the county 334 PUBLIC RECORDS [October, of Windham, vs. Amos Babcock, of Asliford in said county of Windliam, as on file : The question was put, whether the pleas offered by the respondent in abatement of this petition are sufficient to abate the same : Resolved by this Assembly in the affirmative. Cost allowed respondent is £1 13 0, lato- ful money. On the petition of Samuel Hall, of the parish of New Clieshire in the town of Wallingford in the county of New Haven, clerk, vs. Samuel Whittelsey of Milford, Chauncey Whittelsey and Elisha Whittelsey, of New Haven, Elihu Hall of Wallingford and Lois his wife, and James Dana of Wal- lingford and Katharine his wife, in the county aforesaid, as on file : The question was put, whether the pleas offered by the respondents in abatement of said petition are sufficient to abate the same : Resolved by this Assembly in the affirmative. On the petition of Josiah Mead, of Greenwich in the county of Fairfield, executor of the last will and testament of John Marshal late of said Greenwich, deceased, Micajah Marshall, of Cromwel-Bow precinct in Dutchess county and Province of New York, vs. John Marshal jun"" of Greenwich aforesaid, as on file: The question was put, whether the pleas offered by the respondont in abatement of this petition are sufficient to abate the same : Resolved by this Assembly in the affirmative. Cost allowed respondents is £2 15 4, lawful money. [122] The Sums Total of the Lists of the Polls and Rateable Estate of the Inhabitants of the several Towns in this Colony hereafter mentioned sent in to this i^ ssembly are as follow, viz : Windham, X 27025 12s. 8c^. Killingworth,X170G2 Zs.XM. 2 3 Danbury, 22449 12 lU Suffield, 17133 7 New Hartford , 5550 9 Salisbury, 11950 5 6 Colchester, 27398 14 6 Branlbrd, 22558 6 2 Plainfield, 11489 14 Voluntown, 10721 18 ISymsbury, 24484 3 ■0 Kent, 12037 Killingly, 22617 East Haddam, 22892 12 Preston, 21705 6 6 Waterbury, 25939 10 9 Enfield, 10180 Cornwal, 5678 11 Nor walk. 37336 13 11 Sommers, 6813 Ridgefield, 14900 Coventry, 19138 7 2 New Fairfield, 9285 5 9 Canaan, 11076 15 Stafford, 7205 6 Sharon, 11785 6 Harwinton, 5367 6 Wellington, 6124 Lyme, 24497 3 3 Greenwich, 19620 14 5 Lebanon, 36700 4 6 Bolton, 9021 3 Pomfret, 21255 Ashford, 13320 1 3 1764.] OP CONNECTICUT. 335 Tolland, XI 0872 8^ Savbrook, 22474 11 Derl)y, 14746 9 Tomngton, 4270 11 Woodbury, 41367 4 Durham, 10726 9 Goshen, 8779 9 Milford, 26474 10 New Milford, 18850 11 New London, 32664 Windsor, 42633 15 Mansfield, 17696 15 Weathersfield, 29875 4 Litchfield, lfi958 1 Hebron, 19700 Hartford, 37939 2 . 3c?. Stonington, £32720 7s. Gd. 6 Groton, 23118 11 4 11 Glastonbury, 14171 7 Stamford, 30156 17 4 Woodstock, 16792 6 Norwich, 57104 3 9 i Guilford, 33200 12 7 c 5i Newtown, 17746 17 7 6 Fairfield, 58814 5 2 Farmington, 48774 15 Haddam, 14605 13 9 Stratford, 45042 6 Midletown, 54169 1 Canterbury, 17096 17 1 Wallingford, 43062 5 11 1 New Haven, 54818 15 New Haven, Upon the memorial of Daniel Bissel, John Palmer jun"" and Jerusha his wife, all of Windsor, which said Daniel and Jerusha are sole executors of the last will and testament of Capt. Joseph Wadsworth of said Windsor, late deceased, re- presenting that the testator by his last will ordeied and directed that his said executors should bring up to the col- lege his only son and child, Joseph Wadsworth, to whom he devised the residuaries of his estate after his just debts and sundry legacies to the said Jerusha, who was then his wife, should be paid ; that there remained of the clear personal estate of said testator no more than £114 11 7 old tenour ; that the said Jerusha had expended of her own monies for the education of said Jose])h the son, who is now in his third year at college, £267 3s. Od. old tenour, and £88 14s. Id. lawful money, which surmonnted the clear personal estate of said testator, reckoning old tenour 10 for 1, the sum of £73 19s. Sd. lawful money, which is due to said Jerusha; praying for liberty to make sale of some part of the real estate of (123J said deceased given in said will to his son || Joseph, for reimbursing said sum due to said Jerusha and for the further expence of carrying said Joseph through college &c. : Re- solved by this Assembly, that the said Daniel Bissel be ap- pointed and he is hereby appointed and impowered, to make sale of so much of the real estate of said testator given to his said son Joseph as shall procure the sum of £160 Os. Od. lawful money, to be improved for the purposes aforesaid; tak- ing the advice of the court of probate for the district of Hart- ford therein. Upon the memorial of Joshua Dart and John Gilbert, ad- 33G PUBLIC RECORDS [October, iniiiistrators on the estate of Ebenezer Shailer, late of Bolton in tlie district of Hartford, deceased, shewing to this Assem- bly by a certificate from the clerk of probate that the debts and charges due from the estate of said deceased for whicli no grant lor sale of real estate hath been heretofore made surmounts the moveable estate of said deceased the sum of £14 10s. 91^. lawful money ; praying this Assembly to ap- point the memorialists, or some other person, to sell so much of the real estate of said deceased as will raise said sum of £14 10s. 9ld. lawful money, for the payment of said debts, together with incident charges of sale, taking the direction of the court of probate for the district of Hartford therein, as by memorial on file : Resolved by this Assembly, that the memorialists have liberty, and autliority is hereby granted to them, the said memorialists, to sell so much of the real estate of the aforesaid Ebenezer Shailer, deceased, as to raise said sum of £14 10s. 9fc?. lawful money, together with the inci- dent charges of sale ; taking the direction of the court of probate in the district of Hartford therein. On the memorial of David Goff and Mary Goff, alias Mary Nash, administrators on the estate of John Nash late of AVindsor, deceased, for liberty to sell of the real estate of said deceased to the value of £56 9s. Id. lawful money, for the payment of the debts and charges due from said estate d, 1765. Upon the memorial of Joseph Curtiss, of Stratford in the county of Fairfield, conservator of the person and estate of John Johnson of said Stratford, representing that he had exhibited his account of expences and disbursments for the support of said Johnson to the county court for the county of Fairfield, which have been by said court duly examined and allowed, amounting to the sum of X12 14s. bd. lawful [157] money, || and that the said Johnson hath no personal estate for payment of said debt or wherewith he can be sup- ported ; praying for liberty to sell so much of the real estate of said impotent person as may be sufficient to raise said sum &c., as per memorial on file: Resolved by this Assem- bly, that the said Joseph Curtiss have liberty, and liberty and authority is hereby given and granted to him, to sell and con- vey so much of the real estate of said Johnson as may be sufficient to raise the said sum of £12 14s. bd. lawful moiiey, together with the incident charges of such sale. Upon the memorial of Lucretia Smith, of New London in the county of New London, representing that at the superior court held at New London in September, 1764, she was acquitted on tryal l)y judgment of said court of the crime of murder wherefor she was prosecuted, and that since she hath been confined in gaol for the cost of said prosecution and is 1765.] OF CONNECTICUT. 391 [in] a languishinq; condition and not able to answer the same by service or otherwise : Resolved by this Assembly, that she be discharged and released from gaol ; and the sheriff of the connty of New London is hereby directed and ordered to release and discharge the said Lncretia Smith from gaol. Upon the memorial of James Thomson, conservator of the person and estate of Natli' Payne, representing that the debts and charges due from said Nathaniel amounts unto ^35 18 5, and that the credits and moveables sold towards the payment of said sum is X9 8, so that there remains due <£26 17s, dd. ; praying for liberty to sell so much of the real estate of said Nathaniel as shall be sufficient to pay said <£2G 17 9, as per memorial on file appears : Resolved by this Assemltly, that the memorialist have liberty, and lib- erty and authority is hereby granted unto him, to sell so much of said estate as shall be sufficient to pay said <£26 17s. 9tf. together with the charge arising on the sale thereof. Upon the memorial of Ebenezer Bradley, administrator upon the estate of Ebenezer Bradley late of Newhaven, deceased, representing that the debts and charge due fi-om said estate surmount the moveable part of said estate the sum of £S2 5 6; praying for liberty to sell so much of the real estate of said deceased as shall be sufficient to pay said sum and incident charge, as per memorial on file appears: Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted unto him, to sell so much of the real estate of said deceased as shall l)e suffi- cient to pay said sum together with the incident charge of such sale; taking the direction of the court of probate for the district of Newhaven therein. Upon the memorial of Samuel Brown and Collins Brown, both of Stonington in the county of New London, executors to the last will and testament of Thomas Brown late of said Stonington, deceased, representing to this Assembly that the debts and charges arising on the estate of said deceased and allowed by the court of probate for the district of New Lon- don surmount the personal estate of said deceased the sum of £73 4 0, and that no provision is made in said will for satis- fying the same, and praying for liberty to sell so much of the real estate of said deceased as will raise the sum of £73 4 with the incident charges arising on such sale, as per memorial on file : Resolved by this Assembly, that the me- morialists have liberty, and lilierty and authority is hereby granted unto the said Samuel Brown and (yollins Brown, to make sale of so much of the real estate of said deceased as 392 PUBLIC RECORDS [May, will raise the sum of =£73 4 with the incident charges arising on such sale ; taking the direction of the court of probate for the district of New London therein. Upon tlie memorial of Odiah Loomiss and Nathaniel Loo- miss the 2d, both of Windsor in the county of Hartford, con- servators of the person and estate of Lydia Moore of said Windsor, shewing to this Assembly that the expence for sup- porting the said Lydia by the allowance of the county court exceeded the income of her estate the sum of £10 9 0, lawful money, which said sum remained due to the memorialists, and that tiie said Lydia had no estate except two pieces of land, both lying in Windsor aforesaid, one lying in the meadow, containing one acre, the other wood-land, containing seven acres, and praying for liberty to sell and dispose of said lands for the payment of the aforesaid sum of ,£10 9s. Od. and charges arising on the sale thereof &c. : Resolved by this Assembly, that the said Odiah Loomiss and Nathaniel Loo- miss the 2d have liberty to sell the aforesaid two pieces of land referred to in the memorial, for the payment of the said sum of j£10 9s. Od. lawful money, and the incident charges aris- ing thereon, and that the surplus (if any be) be for the fur- ther support of the said Lydia. Upon tlie memorial of Lydia Pardee, administratrix upon the estate of Daniel Pardee, deceased, representing that the debts and charge, with some allowance to the widow, sur- mount the moveable part of said estate the sum of £34 15s. Id., praying for liberty to sell so nmch of the real estate of said deceased as shall be sufficient to pay said sum, as per memorial on file appears : Eesolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted unto her, to sell so much of the real estate of said deceased as shall be sufficient to pay said sum together with the charge of the sale thereof ; taking the direction of the court of probate for the district of Newhaven therein. Upon the memorial of Samuel Wakeman jun'", of Fairfield, administrator on the estate of Moses Wakeman late of said Fairfield, deceased, shewing to this Assembly that the debts due from the estate of said deceased surmount his moveable estate the sum of £148 2 6, lawful money, and praying for liberty to sell so much of the real estate of said deceased as will be sufficient to pay said sum &c. : Resolved by this As- sembly, that the memorialist have liberty, and liberty and au- thority is hereby granted unto him, to make sale of so much of the real estate of said deceased as will raise the aforesaid sum of £148 2s. 6d. lawful money, with the incident charges 1765.] OP CONNECTICUT. 393 arising on sncli sale ; taking directions of the court of pro- bate in the district of Fairfield therein. [158] Upon the memorial of Martha Harvey, of Fairfield in Fairfield county, representing to this Assembly that her brother, Thomas Harvey late of said Fairfield and now deceased, in and by his last will and testament made and executed in due form of law, dated the 24th day of July, A. D. 1747, and since that time duly proved and approved according to law, did will, order and direct, that after his decease the memorialist should be supported and maintained out of his estate as long as she should live ; and for that purpose he, the said deceased Thomas, in and by said will did order, impower and authorize and direct the Reverend Mr, John Goodsell of said Fairfield, then in full life but since deceased, the executor in said will named, to sell and dispose of the lands of said Thomas after his decease from time to time as should be needful for the sup- port of said Martha; and that since that time the said Mr. Goodsell has been several years since deceased, and that the memorialist is by age and infirmity of body become impotent and unable to support herself, having no estate of her own, and that she is thereby and in procuring the necessaries of life become indebted to sundry persons in near the sum of £60 O.s. Od. ; praying that some person may be appointed to execute the trust in said will at first committed to said Mr. Goodsell, who is since deceased, that so much of the estate of said deceased Thomas may be sold by such person as shall be sufficient to discharge her debts and for her future support from time [to time] as shall be necessary : Resolved by this Assembly, that Samuel Bradley jun'' of said Fairfield be and he is hereby appointed, fully authorized and impowered, to execute the trust in said will at first committed to said Mr. Goodsel, who is now deceased, with respect to said Martha, and to sell so much of the estate of said deceased Thomas as shall be sufficient to discharge her debts, and also so much from time to time as shall be sufficient for her further future support and maintenance, as fully and amply as the said Mr. Goodsel might or could have done by force of said will when he was in full life. Upon the memorial of Nathaniel Judd, James Horsington, Daniel Winchel and Ephraim Boardman, all of Farmington in Hartford county, representing to this Assembly the great inconvenience of attending the public worship of God at the usual place in the parish of Kensington in said Farmington, by reason of their too great distance &c., and praying to be dismissed from said parish and all the duties thereof and an- 50 394 PUBLIC RECORDS [May, nexed to the parish of South in, u'toii in saidFarmingtoii : Re- solved, that Nathaniel Judd, James Horsinii'ton, Daniel Win- chel and Ephraim Boardman, toouthington in Parmington, and become part thereof to all inte-nts and purposes. Upon the memorial of Stephen Benedict the second, of Nor- walk, administrator on the estate of Betty Benedict late of said Norwalk, deceased, shewing to this Assembly that the debts due from the estate of said deceased surmount her move- able estate the sum of X9 13.s. l^d. lawful money, and also further representing that the whole of the real estate of said deceased consists in two ninth parts of a house and barn and fifteen rods of land, and in one rood of land in the home-lot, so called, and also in a right of land in the common field, the whole amounting according to the inventory to no more than seventeen pounds, lawful money, and that said real estate can- not be divided or severed without spoiling the whole, and pray- ing that he may [have] liberty to make sale of the whole real estate of said deceased : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted liim, to make sale of the whole of said real estate, and that so much of the avails thereof as will be sufficient to satis- fie the aforesaid sum of £913a'. 72C?. with the incident charges arising on such sale be applied to and made use of for that purpose, and that the residue (if any be) be subjected to a di- vision among the heirs of said deceased, and shall accordingly be delivered over to and divided among said heirs in such pro- portion as the court of probate in the district of Fairfield shall order and direct. Upon the memorial of John Brownson and Anne Baldwin, administrators on the estate of John Baldwin late of Litchfield in Litchfield district, deceased, shewing to this Assembly that the debts due from the estate of the said deceased, with some allowance to the widow of the said deceased, surmount the per- sonal inventoried estate of the said deceased the sum of £44 19s. 2d. lawful money ; praying for liberty to make sale of so much of the real estate of said deceased as to answer and pay the said sum with the incident charges arising on said sale, as per memorial on file : Resolved by this Assembly, that the memorialists have libci'ty, and liberty and authority is hereby granted unto them, to make sale of ^o much of the real estate 1765.] OF CONNECTTCUT. 395 of tlie said Jolin Baldwin, deceased, as to answer and pay the said sum of £44 19s. 2d. lawful money, with the incident charges arising on said sale ; taking the direction of the court of probate in the district of Litchfield therein. Upon the memorial of RusselKilborne, administrator on the estate of widow Mary Kilhorn late of Hartford, deceased, shewing to this Assembly tliat the debts due from said de- ceased's estate exceed the personal estate the sum of .£6 14.9. l^d. lawful money; praying for liberty to sell real estate suf- ficient to pay said sum with incident charges c%c., as per me- morial on file etc. : Resolved by this Assembly, that the me- morialist have liberty and he is fully im])Owered, to make sale of so much of said deceased's real estate as to procure said sum of £6 14.9. l^d. lawful money, with incident charges aris- ing on such sale ; taking the direction of the court of probate in the district of Hartford therein. [159] Upon the memorial of Thomas Thatcher, adminis- trator on the estate of the late Thomas Thatcher of Lebanon, deceased, praying for liberty and authority to make sale of so much of the real estate of said deceased as will raise the sum of £17 Os. 8d. lawful money, for the payment of debts due from estate more than the inventoried moveable estate of said deceased, and the money raised by a sale which hath been already ordered and made : Resolved by this Assembly, that the said administrator be and he is hereby authorized and im- powered, to make sale of so much of the real estate of said de- ceased as will raise the said sum of X17 Os. 8d. lawful money, for the payment of stiid remaining debts with the incident charges arising on said sale ; taking direction of the court of probate in the district of Windham therein. Upon the memorial of Joseph Peck, conservator of the person and estate of Ebenezer Peck, representing that he had expended in supporting said Ebenezer from April, 1764, to April, 1765, and some due from the estate of said Ebenezer not before exhibited, the sum of £48 13s. 2d. ; praying for' liberty to sell so much of the real estate of said Ebenezer as shall be sufficient to pay said sum, as per memorial on file appears : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted unto him, to make sale of so much of the real estate of said Eben- ezer as shall be sufficient to pay said sum together with the charge of the sale thereof. Upon the memorial of John Blackman of Newtown, cap- tain of the 2d company or trainband in said Newtown, shew- ing to this Assembly that the setting off Newberry society, a 396 PUBLIC RECORDS [May, granting a captain's company there has very m^^ch broke the company of which the said captain had the command, and also shewing to tliis Assembly that the first company or train- band in said Newtown has near double the number of his, and thereupon desires this Assembly to grant a new division of said companies, and that Colo. John Read, colonel of said regiment, be directed and impowered to make a new division of said two companies in said Newtown and fix and ascertain the line between said companies, and make return thereof to the General Assembly for establishment )inted to enquire into the matters complained of and report make, as by said petition on file may more fully appear : Resolvedby this Assembly, that Messrs. Roger Sherman, Sam- uel Bishop jun"", both of New Haven, and Mr. Daniel Bennet of Stratford, be and they are hereby appointed a committee with full power to enquire into all the matters complained of in said petition, and make report of what they find with their opinion thereon to this or the next General Assembly to be holden at Hartford in May next. Upon the jietition of Elisha Bigelow of Hartford, against John Benton and Elizabeth his wife, and Samuel Farnsworth, {dl of said Hartford, shewing to this Assembly that the said John Benton in right of his said wife had wrongfully obtained [181 I an allowance of certain || debts due from the estate of Josiah Bigelow late of said Hartford, deceased, of whose last will the said Elizabeth is executrix, the said debts having been before carried in and allowed by the court of probate and lands sold to pay the same, and that the said John with his said wife having- got the said debts so twice allowed had olitained an order of Assembly for selling some of the real estate of said Josiah, and in consequence thereof had sold to said Samuel Farnsworth a certain piece or parcel of said Josiah's estate, viz : a piece of meadow-land containing eight acres two roods and twenty-two rods, situate and lying in said Hartford, bounded and descril)ed as in a deed given thereof by said John and Elizabeth Benton to said Samuel Farnsworth, dated the 27tli day of December, 1764, and recorded in said town of Hartford; further shewing that said 432 PUBLIC RECORDS [Octobcr, Benton had proceeded to make sale of said lands after being forbid and coniitermanded by the judge of probate, of all which the said Farnsworth had notice ; also shewing that the order of said court of ])robate allowing said debts the last time hath been reversed and set aside by the superior court ; praying to have said deed vacated and declared null and void, as by the petition on file: Resolved by this Assembly, and it is hereby ordered and decreed, that the aforesaid deed so o])tained by said Samuel Farnsworth of said John Bentou and Elizabeth his said wife is and shall be void and of no effect for the holding the land comprized and mentioned therein, nor shall the same be admitted or allowed to be given in evidence in any court for the making any title thereto. Wiiereas Joseph Olcott, of Hartford in the county of Hart- ford, brought his petition to this Assembly at their sessions at Hartford in May last, representing that on or about the month of March, 1758, he was indebted and gave his note to Joseph Webb of Weathersfield, since deceased, for the sum of £400 Os. Od. New York money, payable in September then next ; that afterwards he paid to the said Joseph Webl) on account of said note the sum of =£100 Os. Od. lawful money, which ouglit to have been endorsed thereon and never was done in his life time ; that the said Webb brought his action on said note against said petitioner and recovered a judgment for the whole sum of said note and interest thereon, and had execu- tion thereon, which the petitioner hath been obliged to suffer and pay with large sums for interest since, without any allow- ance for said £100 Os. Od. paid as aforesaid; praying for relief, as per said petition on file : and Samuel Talcott and John Ledyard, Esq^s, of said Hartford, were appointed a com- mittee to examine into the matters referred to in said petition and report to this Assembly at their present sessions, and the said committee have not been able to make their report according to appointment: Whereupon this Assembly do reappoint the said Samuel Talcott and John Ledyard, Esqi's, to enquire into the matters aforesaid, and make report of what they find in the premises and their opinion thereuj)on to this Assembly in their sessions at Hartford in May next. And the said petition is hereby continued to the sessions of this Assembly at Hartford in May next. Upon the memorial of Tom Sherman and Eunice his wife, and Sarah Shoran, Indian natives of Poquannuck in tlie town of Stratford, preferred to this Assembly in October, 1768, against Richard Hall, Aaron Hawley, Gamaliel French, Joseph Booth, .] Ezra Kirtland, the Rev^ Robert Ross, Mary Burret, Elisha Bur- 1765.] OF CONNECTICUT. 433 ret, Daniel Morriss, John Burr jun"", Samuel Porter and Sarah Booth, widow of Joseph Booth, deceased, representing and complaining that they had been dispossessed of their land at a place called Golden Hill, in said town, by the petitionees living on and near said lands, a committee being appointed in May last to enquire into said matters of complaint and to make report 1o this Assembly of what they sliould find in the premises, and they having now reported that, having fully enquired into the said matters and heard all parties upon the same, tlie Indians have declared their consent and willingness to possess and enjoy a certain piece or parcel of land called Nimrod Lot, containing about twelve acres, with the spring at the point of Golden Hill aforesaid, bounded westerly by an liighway, eastwardly by Poquannuck River, northerly by Jabez Summers's land, and southerly by the cove and com- mon land, also about eight acres of woodland at Rocky Hill, to be purchased for them by the petitionees, they also paying to them, the said Indians, thirty bushels of Indian corn and tliree pounds worth of blankets ; this to be in full of all demands and in full satisfaction of all claims of or to all and any lands there to be hereafter made by them or their suc- cessors, as by the report on file may more fully appear ; to which the petitionees agreeing, the said report is accepted and approved : Whereupon it is resolved and ordered by this Assembly, that the said Indians shall possess and enjoy the said twelve acres together with said spring of water and said eight acres of land, when purchased as aforesaid, with the priviledges and appurtenances, free and undisturbed to them and their posterity, in the same manner and subject to the [182] same limitations as said twelve || acres were holden together with other lands by act of Assembly in May, 1659 ; the petitionees purchasing for said Indians the said eight acres of woodland and paying to them said thirty bushels of indian corn and three pounds worth of blankets, to the acceptance of Thomas Hill, Esq"", the said Indians' guardian, on or before the first day of January next after the rising of this Assembly; in which case the said petitionees, their heirs and assigns, to be and remain quieted in the peaceable enjoy- ment of said residue of said lands from all and any claim of said Indians. And it is further resolved, that the petitionees pay to the said Thomas Hill, Esq"", to be to and for the use of the petitioners, in order to defray their charges in prose- cuting tliis matter, the sum of £52 ll 2, and that execution go forth accordingly. J*Jx. granted October 31.s-^, 1765, Upon the memorial of Samuel Dunham and Daniel Dun- 65 434 PUBLIC RECORDS [October, ham, both of Lebanon, administrators on the estate of the Late Jonathan Ncvvcomb of said Lebanon, deceased, and of Sanniel Dunham, guardian to Joanna Newcomb and Ruba Newcomb, and of Deborah Newcomb, guardian to Alice, Deborah and Zilpah Newcomb, shewing that tlie said Jona- than Newcomb in his life time was possessed of four acres of land in Hebron in the county of Hartford in the society of Andover, through the lands runs a stream on which is a shop and fulling-mill, which said land, mill and shop he was desirous to sell, and being in a low and weak state of body, and in apprehensions of advantage to his health, took a voyage to Nova Scotia and appointed the said Samuel Dun- ham his attorney, which said Samuel with the said Deborah, then wife and now the widow and relict to said deceased, knowing his desire and mind that the said land, mill and shop should 1)6 sold, did on the 18th day of March, 1765, before the death of said Jonathan, bargain and agree to sell the same to one John Payne of Lebanon for the sum of fifty-five pounds, lawful money, and for compleating said bargain took security of said Payne for said sum and lodged in a third person's hand to hold to said bargain, and sent a deed ready drawn of said land, mill and shop to Nova Scotia, to be exe- cuted by said Jonathan, but before the same came to his hands to execute he, the said Jonathan, dyed there in the month of May last : that great part of the money will be wanted to pay the said Newcomb's debts; that the mill and shop lye in a perishing and decaying condition ; that the land by itself is not worth more than forty shillings, lawful money, per acre ; that the mill and shop will not be valuable at the time that the heirs come to age ; praying that the said Sam- uel Dunham and Daniel Dunham, administrators on the estate of said deceased, may be authorized and impowered to compleat the said sale of said four acres of land, mill and shop &c., as by said memorial on file : Resolved by this Assembly, that tlie said Samuel Dunham and Daniel Dunham be and they are hereby authorized and impowered, to make and execute to him, the said John Payne, his heirs and assigns, a good and ample deed of conveyance of the said four acres of land, fulling-mill and shop, with the appurte- nances thereof, to fulfill and accomplish the bargain afore- said, and account for the said sum of fifty-five pounds, lawful money, to the court of probate in the district of Windham. Upon the memorial of the inhabitants of the northwesterly and westerly parts of the town of Ashford in the county of Windham, praying to be made a distinct ecclesiastical society 1765.] OP CONNECTICUT. 435 with all the powers and priviledges of other societies in this Colony, with bounds and limits as follows, viz: To bcuin at the northwest corner bound of said Ashford, and from thence to run east seven degrees south in the line between Ashford and Union three miles and one hundred aud thirty-five rods to a maple tree ; from thence south five degrees and forty minutes west four miles wanting twelve rods to a l)lack-oak; tree on a hill, called Horse Hill ; thence south twenty-five degrees west one mile and half and twelve rods, to a tree at the crotch of the river; thence west thirty-five degrees south one mile and half and twelve rods to a chestnut tree with stones about it on Biigbec's Hill ; thence west seven degrees north two miles to a heap of stones near a white-oak tree in the line between Ashford and Wellington, being called the two-mile monument from Mansfield line ; thence north seven degrees east, as the line between Ashford aud Wellington, six miles and a half to the first-mentioned bounds : Resolved by this Assembly, that the inhabitants living or that shall here- after dwell in the northwesterly and westerly parts of the township of Ashford in the county of Windham, and within the limits above described, be and they are hereby made and constituted one distinct ecclesiastical society, with all the priviledges and powers and immunities that other ecclesiasti- cal societies in this Colony are vested with, and shall be known aud called by the name of Westford. Upon the memorial of Stephen Hopkins and others, inhab- itants of the first society in Waterbury, representing that they [183] live at a great distance from the ]ilace of public worship || and [are] put to great inconvenience in attending the same in the winter season ; praying for the priviledge of a winter-par- ish for four months in the year, viz : the months of December, January, February and March : Resolved by this Assembly, that the memorialists have and they have hereby granted to them the priviledge of a winter-parish for the term of three years from the rising of this Assembly, within the following- bounds and limits, viz : beginning at a heap of stones at Long Lands, so called, on the east of the highway from Newhaven to Waterbury, and thence east to Wallingford line ; thence continuing east so as to comprehend the first tier of lots in WalHngford bounds, and from thence south to New Haven bounds ; from thence west to the three tiees called the Three Brothers, and from thence south in the line between Milford and Newhaven to Lebanon Brook; from thence west to Nau- gatuck River, to where Spruce Brook empties into said river on the west side ; from thence to the highway where it turns 436 PUBLIC RECORDS [October, south by Thomas Osborn's lot, to Derby ; from thence to Mes- hadick Brook where Moss's Road crosses to Westbury, and from thence east to the first mentioned hea})of stones, exclud- ing all the land contained in said bounds belonging to the soci- ety of Oxford, and also excluding Samuel Por4,er and all land now belonging to him. And the memorialists living within said limits and bounds, excepting as aforesaid, have the priv- iledges usually belonging to winter parishes hereby granted for the term of three years, in the months of December, Jan- uary, February and March, annr.ally. Upon the memorial of John Hall 2d and others, inhabitants of the society of Wells in "Wallingford in Newhaven county, repre- senting that the General Assembly of said Colony at their ses- sions at Hartford in May, 1763, a|)pointed Jonathan Trumlde, Esq"", of Lebanon, Jabez Hamlin, Esq"", of Midletown, and Capt. John Lawrence, of Hartford, a committee to enquire of the state and value of the old meeting-house in the first society in said Wallingford, and what in equity said society of Wells ought to have therefor, estimating such part according to the advantage thereof to said first society, and also what other temporal interest belongs to said first society, and also to enquire into the grievances complained of concerning the taxes, referred to in their memorial preferred to said Assem- bly in May, 1763, and that said committee did not make any report thereupon ; praying for a reappointment of said com- mittee, or that a new committee be appointed &c. : Resolved by this Assembly, that Jonathan Trumble, Esq"", of Lebanon, Jabez Hamlin, Esq"", of Midletown, and Capt. John Lawrence, of Hartford, be and they are hereby reappointed a committee to enquire of the state and value of the old meeting-house in the first society in said Wallingford, and what in equity said society of Wells ought to have therefor, estimating such part according to the advantages thereof to said first society, and also what other temporal interest belongs to said first society, and also to enquire into the grievances complained of concern- ing the taxes referred to in their memorial preferred to said Assembly in May, 1763, and to make report of what they shall find in the premises with their opinion thereon to this or the next Assembly. Upon the memorial of WaitHinman and others, inhabitants in the westerly and southwesterly parts of the parish of South- bury, representing to this Assembly that they live at a great distance from the place of public worship in said society, some living four and five miles, and others six and seven miles dis- tant therefrom, and that they are put to great difficulty and 1765.] OF CONNECTICUT. 437 trouble to attend public worship where they now attend, and that they are about one lliird })art of the list of estate in said parish of Southberry, which parish list is about X12000 Os. Od. ; tliereupou praying- that they maj' be made a distinct eccle- siastical society, with all liberties and priviledges which bylaw belong to such societies, and that they may be divided from said parish of South beriy by a line drawn from the north line of said parish of Southberry to the south line thereof, in sucli a direction as to pass straight by the houses of Stephen Brun- son and Eldad King, so as to comprehend said houses, or in some other way grant relief to the memorialists, as by said memorial on file appears : Resolved by this Assembly, that Oliver Wolcott, Moses Lyman and Samuel Nash, Esq", be and they are liereby appointed a committee to repair to said par- ish of Southberry and to enquire into and examine and view the situation and circumstances of the memorialists, and all others living within the limits prayed for, and also the cir- cumstances of said society of Southberry in regard to the memorialists being made into a distinct ecclesiastical society by the line prayed for or any other line, and their report make of what they find together with their opinion thereon to the General Assembly to be holden at Hartford in May next. Upon the memorial of Eleazer Hubbel, Dan Towner, Eph- raim Hubbel, and the rest of the inhabitants of New Fairfield, shewing to this Assembly that there is a grant of land within this Colony about two miles in length and about half a mile in width, lying on the west side of Ousatunnuck River adjoining west on New Fairfield east line, with three families living on [184] the same, II that is annexed to no particular township nor said inhabitants held to pay Colony or town taxes &c. ; praying that said grant of land with said inliabitants living thereon may be annexed to the town of New Fairfield &c., as per memorial on file: it is thereupon enacted by the Govern- or, Council and Representatives, in General Court assembled, and by the authority of the same, that the aforesaid grant of land about two miles in length and about half a mile in width, adjoining to the east line of said New Fairfield, be and the same is hereby annexed to the township of New Fairfield and wholly included within the county of Fairfield and within the jurisdiction of the said town of New Fairfield ; and that the inhabitants living on the aforesaid grant of land, hereby an- nexed as aforesaid, shall be intituled to all the priviledges and be liable to the duties and services of the other inhabitants of the said town of New Fairfield. On the memorial of Jonathan Tuttle and Theophilus Tut- 438 PUBLIC RECORDS [October, tie, both of Wallingford, shewing to this Assembly that for about twelve years past they have constantly attended pul)lic worship in the first society in said Wallingford and paid all parochial taxes thereunto, that it now appears that a due south line by the needle of the surveying instrument from the southeast corner of Cook's farm, so called, will take them and part of their lands into the parish of New Cheshire ; praying that they and their estates lying in said Wallingford may he an- nexed to said first society, as per their memorial on file appears : It is thereupon resolved, that said memorialists be and tliey are hereby, and their estates lying in said Wallingford, annexed to said first society in Wallingford and be deemed and accounted to belong thereto forever hereafter. Upon tlie memorial of Humphry Avery, Esq^, of Norwich in the county of New London, representing that in the year 1750, the General Assembly were graciously pleased to allow him to take out of the public treasury two thousand one hundred pounds in bills of the New Hampshire and Rhode Island Col- onies on his securing the repayment of said sum in Connecti- cut bills at the end of two years free from interest ; that before the expiration of said two years he collected a sufficient sum of said Hampshire and Rhode Island bills to discharge said bond, but as Connecticut bills were calling in about that time for consumption he was put to great difficulty in procur- ing said Connecticut bills and compelled to give ten or twelve per cent, allowance in exchange ; that in November, 1754, he paid off the sum of said bond ; that for the interest of the said bond from May, 1752, until said payment suit is pending against him ; praying that on his paying the charges which have arisen in said suit he might be discharged and released from paying said interest money : Resolved by this Assem- bly, that on said Humphrey Avery's paying to Mathew Gris- wold. Esq"", the costs which have arisen in said suit on said bond and the sum of twenty pounds, lawful money, that said bond be given up unto him, said Avery, and he be therefrom discharged. On the memorial of the President and Fellows of Yale College in Newhaven, shewing that about four years ago they were under necessity to build a new hall or chapel for the accommodation of the students at morning and evening prayers and various scholastic exercises, which has already cost =£953 lis. 8c?. lawful money, of which X244 Os. M. have been paid by subscription and £382 Os. Oc?. out of the college treasury, which is thereby exhausted, and a debt re- mains of X327 lis. 8c?., and therefore praying relief in the 1765.] OP CONNECTICUT. 439 present necessitous state of the college : Granted the snm of tlirce hundred twenty-seven pounds eleven sliillings and eight pence, lawful money, out of the public treasuiy of this Colony to said president and fellows ; and the Treasurer of this Colony is hereby ordered to pay the same. Upon the memorial of Samuel Kent of Sufifield, adminis- trator on the estate of Richard Austin late of Suffield, de- ceased, shewing to this Assembly that the debts and charges due from the estate of said deceased and for which no certifi- cate hath heietofore been granted surmount the moveable estate of said deceased the sum of XIG 3 7, lawful money; praying for liberty to sell so much of the real estate of said deceased as will raise said sum with necessary charges arising thereon : Resolved by this Assembly, that the said Samuel Kent, the memorialist, have liberty, and lil)erty and power is hereby granted to him, to sell so much of the real estate of said deceased as will raise said sum of £16 3s. Id. lawful money, with the incident charges arising thereon ; taking di- rection of the court of probate for the district of Hartford therein. Upon the memorial of Jabez Brainerd, Abraham Brooks, and others of the first society in Haddam, shewing to tliis Assembly that on the memorial of said society to this Assem- bly held at Hartford on the 2d Thursday of May, 1764, pray- ing for a committee to ascertain and affix a place whereon to build a meeting-house, the said Assembly did appoint and im- power Elisha Williams, Esq"", and Capt. Thomas Curtiss, both of Weathersfield, and Mr. Isaac Lee jun"", of Farmington, to repair to said society and hear all concerned, and view &c., [185] II and ascertain the place whereon said society should build a meeting-house, and make report &c. ; which said com- mittee did repair to said society and heard all conceined, and viewed said society and the circumstances thereof, and did make their report to this Assembly at their sessions at New- haven in October last, and that the said committee did affix and ascertain a place whereon to build a meeting-house for divine worship, about eight or ten rods southward of the dwelling-house of the Rev^ Mr. Eleazer May, as by the records of this Assembly and the report of said committee appears : Resolved by this Assembly, that the place by the said committee ascertained and aflfixed, about eight or ten rods southward from said Mr. ]\Iay's house, be and is by this Assembly confirmed and established to be the place for said society to build a meeting-house for divine worship. Upon the memorial of Abner Kelsey, administrator on the 440 PUBLIC RECORDS [October, estate of George Chatfield late of Killingwortli, deceased, re- presenting to this Asseml)ly that the debts and charges allowed by the court of probate for the district of Guilford against said estate surmount the inventoried moveable estate of said deceased the sum of £2Q Os. Qd. lawful money, and praying for liberty to sell so much of the real estate of said deceased as may be sufficient to pay said sum with incident' charges arising on such sale, as per memorial on file : Re- solved by this Assembly, that the said memorialist have lib- erty, and liberty and authority is hereby granted to him, to sell so much of the real estate of said deceased as shall be sufficient to pay said sum of £2Q Os. 6d. with incident charges arising on such sale ; taking the direction of the court of pro- bate for the district of Guilford therein. Upon the memorial of Samuel Watson and Sarah Town, administratrix on the estate [of] Archelaus Town late of Killin^ly, deceased, shewing to this Assembly that the said Archelaus deceased, in his life time, made and executed to the said Samuel Watson a deed of bargain and sale, dated April 22d, 1763, for the consideration therein mentioned, and that after the executing of said deed the said grantor dyed, viz : in May, 1763, before he had any opportunity of acknowledg- ing said deed, by reason whereof the said deed could not be legally recorded, and prayii)g this Assembly to order and enact that said deed might notwithstanding be accounted valid and good in law to all intents and purposes as tho the same had been duly acknowledged in the life time of said grantor, and that the town clerk of said town of Killingly be ordered and directed to record the same upon application made &c., as by said memorial on file may appear : Resolved by this Assem- bly, that said deed be accounted good and valid in law to all intents and purposes, as tho the same had been duly acknowl- edged in the life time of said graiitor, and that said town clerk be hereby directed and ordered to record the same. On the memorial of Mary Dresser, administratrix on the estate of Mr. Thomas Dresser late of Pomfret, deceased, shewing to this Assembly that the debts due from the said estate surmount the moveable or personal estate of said de- ceased the sum of £22d 19s. Od. lawful money ; praying to this Assembly for liberty to make sale of so much of the real estate of said deceased as shall be sufficient to raise said sum of £225 19s. Od.: Resolved by this Assembly, that liberty and authority be and the same is hereby granted unto the said Mary Dresser, to make sale of so much of the real estate of the said Thomas Dresser, deceased, as shall be sufficient to raise 1765.] OF CONNECTICUT. 441 said sum of £225 19.s. Od. lawful money, with incident charges arising on sucli sale ; taking the direction of the court of probate for the district of Pomfret therein. Upon the memorial of the inhabitants of the south society in the town of New Fairfield, shewing to this Assembly that said society are destitute of a settled minister of the gospel, and that their list is not more than £3500 Os. Od. and great part of the best lands in said society are owned by non-resident proprietors, by means whereof and the former charges that they have been at in settling and supporting ministers, they are unal)le to raise money by a tax on their list sufficient to defray the charges of preaching the gospel in said society; therefore praying this Assembly to levy a tax on all the lands in said society, to be improved for the purpose of supporting the gospel ministry in said society agreeable to the constitu- tion established by law in this Colony, as by their memorial on file more fully appears : Resolved by this Assembly, that there be a tax of one penny per mtnum per acre for three years next ensuing upon all the lands that are surveyed and laid out in said society, to be paid by the respective owners of such lands, to be improved for supporting a regular minister or candidate for the ministry authorized according to the eccle- siastical constitution established by law in this Colony to preach the gospel in said society : the first year's tax to be paid by the first day of April, 1766, the second by the first day of April, 1767, and the third by the first day of April, 1768. And Mr. Phineas Beardsley of said New Fairfield is hereby appointed and fully authorized to collect said tax and pay the same unto Daniel Smith, Alexander Fairchild and Neliemiah Beardslee, all of said New Fairfield, to be by them improved for the purposes abovementioned, [186] Upon the memorial of Peter Hurlburt, executor of the last will and testament of John Buck late of Weathersfield, deceased, representing to this Assembly that the personal estate of said John Buck was not sufficient to pay his debts, and that the debts due from said estate, including the allowances made for the support of the infant child of said Buck, sur- mount the moveable estate of said John the sum of £19 18s. S^d. lawful money; praying for liberty to sell so much of the real estate of said Buck as to raise said sum with the incident charges arising thereon : Resolved by this Assembly, that the said Peter Hurlburt, the memorialist, have liberty, and liberty is hereby granted to him, to sell so nmch of the real estate of which the said John Buck, deceased, [died] seized as to raise said sura of £19 18s. 8id. lawful money, with 56 4i2 PUBLIC RECORDS [October, the incident charges arising thereon ; taking the direction of the court of probate for the district of Hartford therein. Upon the memorial of John Mills junr and Timothy Barns, administrators with Ihe will annexed on the estate of Abra- ham Miller late of Farmington, deceased, shewing to this As- sembly that the debts due from said estate surmount the moveable estate of the said deceased the sum of £26 17s. lOd. lawful money, and no provision made in said will to pay said debts, as by the certificate from the clerk of probates appears, and therefore praying for liberty to make sale of so much of the real estate of the deceased as will raise the said sum of X26 17s. lOd. with incident charges arising on the sale thereof, by the advice of the court of probate in the dis- trict of Hartford therein, as per memorial on file: Resolved by this Assembly, that the said John Mills jun"" and Timothy Barns have liberty, and liberty and authority is hereby given and granted to them, to sell and convey so much of tlie real estate of the said deceased as will be sufficient to pay and discharge the said sum of <£26 17s. lOd. together with the incident charges arising on the sale thereof; taking the direc- tion of the court of probate for the district of Hartford therein. Upon the memorial of Sarah Mather, executrix of the last will and testament of Thomas Mather late of Boston in the county of Suffolk and Province of the Massachusets Bay, deceased, shewing to this Assembly that the debts due and the charges of administration on the estate of said deceased surmount the personal or moveable estate of the said deceased the sum of <£1.52 3s. 11^^^. lawful money, and that the real estate that the said deceased died seized of lyes within the Colony of Coiniecticut, viz : in Pomfret in the county of Wind- ham ; praying to this Assembly that the memorialist with the assistance of Mr. John Payson of Pomfret aforesaid may have liberty to make sale of so much of the real estate of the said deceased as shall be sufficient to raise said sum of <£152 3s. llhd. : Resolved by this Assembly, that the said Sarah Ma- ther and John Payson have liberty, and liberty and authority is hereby granted unto them, to make sale of so much of the real estate of the said Thomas Mather, deceased, lying in said Pomfret, as shall be sufficient to raise the said sum of X152 3s. ll^d. with the incident charges arising on such sale ; tak- ing the advice of the court of probate in the district of Pomfret therein. Upon the memorial of Abraham Chapman, administrator on the estate of Anne Chapman late of New London, deceased, 1765.] OF CONNECTICUT. 443 shewing to this Assemljly that the debts due from said estate and allowed b}' the court of probate for tlie district of New- London surmount the personal estate of said deceased the sum of £17 4s. Id. ; praying for liberty to sell so much of the real estate of said deceased as to raise said sum with the incident charges arising on said sale &c., as per memorial on file appears : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby given him, to sell so much of the real estate of said deceased as will raise said sum of X17 4.s. 1(^. with the incident charges arising on said sale; taking the direction of the court of probate for the district of New London therein. Upon the memorial of Samuel Atwater, administrator on the estate of Daniel Atwater, deceased, shewing to this Assem- bly that the debts and charges due from the estate of said deceased, together with some allowances to the widow, sur- mount the moveable part of said estate the sum of <£11 10s, Od. lawful money ; praying for liberty to sell so much of the real estate of said deceased as shall be sufficient to pay said sum with the incident charge of such sale, as per memorial on file appears : Resolved by this Assembly, that the memo- rialist have liberty, and liberty and authority is hereby grant- ed unto him, to make sale of so much of the real estate of said deceased as shall be sufficient to pay said sum with the inci- dent charges of such sale ; taking the direction of the court of probate for the district of New Haven therein. Upon the memorial of Sarah Kendal, administratrix on the estate of Mr. Joshua Kendal jun"" late of Ashford, deceased, shewing to this Assembly that the debts due from said estate surmount the personal or moveable estate of said deceased the sum of X49 13s. Hd. lawful money ; praying to this Assem- bly for liberty to make sale of so much real estate of said de- ceased as will be sufficient to raise said sum of £49 13s. 7o(^. : [187] II Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby given to the said memorialist, to make sale of so much of the real estate of the said deceased Joshua Kendal jun'' as shall be sufficient to raise said sum of <£49 13s. l^d. with the incident charges arising on such sale ; taking the advice of the court of prol)ate for the district of Pomfret therein. Upon the memorial of Elizabeth Gates and Nathan Flynt, administrators on the estate of Daniel Cook jun"" late of Tol- land, deceased, shewing to this Assembly that the debts, charges and allowances due from said estate surmount the personal estate of said deceased the sum of X9 18s. Od. money ; 444 PUBLIC RECORDS [October, praying for liberty to sell so much of the real estate of the said deceased as to raise said sum with the necessary incident charges arising on said sale, as per memorial on file : Re- solved by this Assembly, that liberty be granted, and the said Nathan Flynt is hereby impowered, to sell so much of the real estate of the said deceased as to raise the said sum of £9 18 0, money, for the payment of the debts of the said deceased together with the necessary chaiges of sale ; taking the direc- tion of the court of probate in the district of Stafford therein. Upon the memorial of Eunice Clark, administratrix on the estate of Jonathan Clark late of New Milford, deceased, shew- ing to this Assembly that the debts and charges due from tlie estate of the said deceased surmount the moveable estate of the said deceased the sum of £25 8 11, lawful money; pray- ing to be impowered to sell so much of the real estate of the said deceased as shall be sufficient to pay said sum with the incident charges of such sale : Resolved by this Assembly, that the memorialist have liberty and slie is hereby impow- ered, to sell so much of the real estate of the said deceased as shall be sufficient to pay said sum of X25 8s. llt^. lawful money, with the incident charges of such sale ; taking the direction of the court of probate for the district of Woodbury therein. Upon the memorial of Elisha Frisbie of Brandford, execu- tor of the last will and testament of Ebenezer Frisbie, deceas- ed, shewing to this Assembly that the debts due from the estate of the said deceased surmount the moveable part of said estate the sum of £316 1 3, lawful money, and that no pro- vision is made in the last will of said deceased to discharge the same ; praying for liberty to sell so much of thereat estate of said deceased as shall be sufficient to pay said sum with the incident charges of such sale, as per memorial on file appears : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted unto him, to make sale of so much of the real estate of said deceased as shall be sufficient to pay said sum together with the incident charge of such sale ; taking the direction of the court of probate for the district of Guilford therein. Upon the memorial of Sary Walkley and Asa Walkley, both of Haddam, administrators on the estate of Simeon Walkley, late of Haddam, deceased, shewing to this Assembly that the debts and charges due from the estate of said deceased sur- mount the moveable part thereof the sum of £54 13 6, lawful money, and thereupon praying for liberty to sell real estate &c. : Resolved by this Assembly, that the memorialists have 1765.] OF CONNECTICUT. 445 liberty and tliey are hereby authorized and impowered, to sell so much of the real estate of said deceased as will procure the aforesaid sum of .£54 13 6 together with the incident charges arising on such sale ; taking the direction of the court of pro- bate for the district of Midletown therein. On the memorial of John Forster jun"" of Midletown, admin- istrator on the estate of John Forster 2d, late of Midletown, deceased, shewing to this Assembly that the debts and charges due from said estate surmount the moveable part of said estate the sum of ,£106 13s. Id., and thereupon praying for liberty to sell land &c. : Resolved by this Assembly, that the memo- rialist have liberty and he is hereby authorized and impow- ered, to sell so much of the i-eal estate of said deceased as will procure the aforesaid sum of £106 13s. Id. together with the incident charges arising on such sale ; taking the direction of the court of probate in the district of Midletown therein. On the memorial of Abraham Brooks, administrator on the estate of David Smith late of Haddam, deceased, shewing to this Assembly that the debts and charges due from the estate of said deceased surmount the moveable part thereof the sura of <£14 10s. K)d. lawful money, and thereupon praying for lib- erty to sell lands &c. : Resolved by this Assemlily, that the memorialist have liberty and he is hereby authorized and im- powered, to sell so much of the real estate of said deceased as will procure the aforesaid sum of .£14 10 5 together with the incident charges arising on such sale ; taking the direction of the court of probate in the district of Midletown therein. Upon the memorial of Abigail Humphrey, administratrix on the estate of Thomas Humphrey late of Windsor, deceased, shewing to this Assembly that the debts due from said estate surmount the moveable estate of said deceased the sum of £158 12s. Wd. ?>q. lawful money, and therein praying for lib- erty to make sale of so much of the real estate of the said deceased as will raise the said sum of £158 12s. lid 2>q. with [188] the incident charges || thereof by the advice of the court of probate in the district of Hartford therein, as per memorial on file : Resolved by this Assembly, that the said Abigail Humphrey have liberty, and liberty and authority is hereby given and gi-anted unto her, to sell and convey so much of the real estate of the said deceased as will l)e sufficient to pay and discharge the said sum of £158 12s. Hid. together with the incident charges arising on the sale thereof; taking the advice and direction of the court of probate in the district of Hartford therein. On the memorial of William Clark of Midletown, adminis- 446 PUBLIC RECORDS [October, trator on the estate of Ambrose Clark late of Midlctowii, deceased, shewing to this Assembly that the debts and charges due from the estate of said deceased surmount the moveable part of said deceased's estate the sum of £91 9s. 2c?., and thereupon praying for liberty to sell real estate &c. : Resolved by this Assembly, that the memorialist have liberty and he is hereby authorized and impowered, to sell so much of the real estate of said deceased as will procure the aforesaid sum of £91 9«. 2d. together with the incident charges arising on such sale ; taking the direction of the court of probate for the district of Midlctown therein. On the memorial of Daniel Pease, executor of the last will and testament of Pjbenezer Jones late of Somers, deceased, shewing to this Assembly that the debts due from said estate and allowances made by the court of probate to the widow of the deceased surmount the personal estate of said deceased £26 Os. 2d. lawful money, and said testator hath made no provision by said last will to answer the same ; praying for liberty to make sale of so much real estate of said deceased as will be sufificient thereunto : Resolved by this Assembly, that liberty and authority be and the same is hereby granted unto said Daniel Pease, to make sale of so much of the real estate of said deceased as shall be sufficient to raise said sum with incident charges arising thereon ; taking the direction of the court of probate in the district of Hartford therein. Upon the memorial of Jonathan Hawley of Stratford, administrator on the estate of Joseph Nichols late of Strat- ford, deceased, representing to this Assembly that the debts and charges due from the estate of said deceased and allowed by the court of probate for the district of Fairfield, with some allowance for necessaries to the widow, surmount the movea- ble estate of said deceased the sum 9f £11 15s. 4|c?. lawful money ; praying liberty to sell so much of the real estate of said deceased as shall pay said sum &c., as per memorial on file : Resolved by this Assembly, that the memorialist have liberty, and liberty and authority is hereby granted to him, to make sale of so much of the real estate of said deceased as shall be sufficient to pay said sum of £11 15s. 4|fZ. lawful money, with the incident charges arising thereon ; taking the directions of the court of probate for the district of Fairfield therein. On the memorial of Azubah June, administratrix on the estate of Simeon June late of Stanford in the district of Stanford, dedeased, shewing to this Assembly that the debts &c. due from the estate of said deceased, with some necessa- 1765.] OF CONNECTICUT. 447 ries allowed to tlie widow, surmount the personal estate of said deceased the sum <£25 7s. 9t:?. lawful money; praying liberty to make sale of so much of the real estate of said deceased as will raise said sum with the incident charges of sale : Resolved by this Assembly, that the memorialist have liberty and she is hereby impowered, to make sale of so much of the real estate of said deceased as will raise said sum of <£25 7s. 9d. lawful money, with the incident charges arising on such sale; taking the direction of the court of probate in the district of Stamford therein. Considering the present peculiar and perplexed situation of public affairs relating to this Colony, and the dark aspects of Divine Providence with regard to our most dear and valual)le rights and priviledges, and of the dijhculties and distresses we are or may be involved in : His Honour the Governor is therefore hereby desired, as soon as may be convenient, to appoint a day of public Fasting and Prayer to be attended in this Colony, fervently to implore divine aid, direction and wisdom, as the melancholy state of affairs require ; and that his Honour issue his Proclamation therefor accordingly. Resolved hy this Assembhj, That the Map of this Colony taken from actual surveys, made l)y Messrs. Asa Spalding, Moses Park and Samuel Mott, by order of his Honour the Governor with the advice of this Assembly, and laid down by them, be and is hereby ordered to be dedicated as follows : To the liight Honorable Henry Seymour Conivuy, one of his Majesty^s ^:/ri//(??'/)aZ Secretaries of State, this 3Iap of the Colony of Connecticut is dedicated by his most obedient, humble servants, the Crovernor and Company of said Colony * [189] The Sums Total of the Lists of the Polls and Rateable Estate of the Inhabitants of the several ToAX'-ns in this Colony hereafter mentioned, sent in to this i^ ssembly are as follow, viz : Harwinton, £5441 13 Hebron, £19000 Canaan, 11420 17 Plainfield, 11000 Ashford, 13828 16 9 Symsbury, 23944 17 Glastonbury, 14204 15 6 Fairfield, 61325 4 9 Enfield, 10543 17 Saybrook, 22100 Lebanon, 37554 15 Guilford, 3::685 1 4 Lyme, 22847 14 2 Bran ford, 22689 10 Groton, 24357 5 Stratford, 45050 *The Earl of Halifax, to whom in May, 17G5, it had been proposed to dedicate the map. had been succeeded in otHce in July by Conway. Two copies of tbe map were prepared: one to be preserved in the Secretary's office, where the editor has seen it within twenty years, though it is not now to be found. Search in the Public Record Office, Loudon, failed to discover the copy sent to England. 448 PUBLIC RECORDS [October, Haddam, 13909 11 Kent, 13269 Farmington, 51340 10 5 Stafford, 7846 Windliam, 26318 18 4 Litchfield, 14675 3 6 Preston, 19285 6 Durliam, 11040 9 9 Killingworth, 17516 19 1 Norwalk, 38677 11 2 Pomfrett, 22207 13 6 East Haddam, 22005 Woodstock, 17915 Colchester, 28582 16 2 Killinglv, 22912 10 New Hartford , 6125 12 Tolland; 11198 18 6 New Fairfield, 9255 13 1 Canterbury, 15471 8 4 Bolton, 9067 7 Stonington, 34004 2 5 Voluntown, 10910 7 Sommers, 6646 Cornwal, 6106 1 Sharon, 12809 9 6 Wellington, 6194 6 6 Salisbury, 11737 4 6 Coventry, 19686 4 Woodbury, 43057 6 8 Stamford, 30647 1 8 Windsor, 42811 10 6 Wallingford, 42955 8 3 Danbury, 20912 6 Mansfield, 16699 7 Derby, 14753 5 6 New London, 32920 16 3 Norwich, 59801 13 6 Newtown, 19012 10 6 Waterbury, 28101 4 8 Ridgefield, 16000 Midletown, 54874 13 Weathcrsfield, 28660 10 6 New Milfurd, 20379 14 2 New Haven, 55695 19 3 Suffield, 16859 14 Torrington, 4826 2 Goshen, 9461 19 Mil ford, 26078 10 1 Greenwich, 18872 18 Hartford, 37980 3 On the petition of John Ray, of the city and Province of New York, vs. John Andrews of Fairfield, executor of the last will and testament of George Cable late of said Fairfield in the county of Fairfield, deceased, as on file: The question was put, whether the superior court in proceeding to and ren- dering the judgment referred to in said petition missed the law &c. : Resolved by this Assembly in the negative. On the petition of John Beckwith, of Lyme in the county of New London, vs. Pygan Adams and Joseph Coit, Esqi's, of New London in the county of New London, as on file : The question was put, whether either of the things prayed for in said petition should be granted : Resolved by this Assembly in the negative. On the petition of Elisha Lord, of Norwich in the county of New London, vs. Oliver Wolcott, of Litchfield in the county of Litchfield, as on file: The question was put, whether in proceeding to and rendering the judgment re- ferred to in said petition manifest error hath intervened : Resolved by this Assembly in the negative. 1765.] OF CONNECTICUT. 449 On the petition of Edmund Burret and Mary his wife, both of Stratford in the county of Faiifield, vs. Richard Shute, of Danbury in said county of Fairfield, as on file : The question was put, whether in proceeding to and rendering the judgment of the superior court referred to in said ])etition manifest error hath intervened as the petitioner hath alledged. and complained of: Resolved by this Assembly in the negative. [190] On the petition of John Ray jun"", of Newhaven in the county of Newhaven, vs. Susannah Lewis, administratrix on the estate of Barnabas Lewis late of Newhaven aforesaid, deceased, as on file : The question was put, whether the prayer of said petition sliould be granted : Resolved by this Assembly in the negative. Cost allaived respondent is £1 11 8, lawful money. Ex. granted Oct. 31s^, 1765. On the petition of Richard Vandyke and William Wick- ham, both of the city and Province of New York, vs. William Bush, Ebenezer Hol)by and Jesse Hallick, all of Greenwich in the county of Fairfield, and Thomas Wright, of East Ches- ter in the county of West Chester and Province of New York, as on file : The question was put, whether the prayer of said petition should be granted : Resolved by this Assembly in the negative. Cost allowed respondents is £j\ 14 0, lawful money. Ex. granted Oct. 31si, 1765. On the petition of Thomas Wright and Daniel Wright, both of the city, county and Colony of New York, vs. John Lou- den, late of Norwich in the county of New London in the Colony of Connecticut now residing at Cornwallis in Nova Scotia, as on file : The question was put, whether in proceed- ing to and rendering the judgment of the superior court re- ferred to in said petition manifest error hath intervened as therein is alledged and complained of: Resolved by this As- sembly in the negative. On the petition of Edward Allen, of Milford in the county of Newhaven, vs. John Smith of said Milford, as on file: The question was put, whether in proceeding to and rendering the judgment complained of in said petition error hath inter- vened, as therein set forth and complained of : Resolved by this Assembly in the negative. Resolved hy this Assembly^ That the Treasurer of this Col- ony forthwith attend on this Assembly with a sufficient sum of money to pay the members thereof. This Assembly grants to Eliphalet Dyer, Esq"", the sum of forty-one pounds five shillings, lawful money, over and above 57 450 PUBLIC RECORDS [Octobcr, what he has already received, for his expences and service in attending the late Congress at New Yorli, and the Treasurer of this Colony is hereby directed to pay the same to him ac- cordingly. This Assembly grants to David Rowland, Esq"", over and above what he has already received, for his expences and ser- vice in attending the late Congress at New York, the sum of forty-seven pounds nineteen shillings and nine pence, lawful money, and the Treasurer of this Colony is hereby directed to pay the same to him accordingly. This Assembly grants to Wm. Sam' Johnson, Esq"", over and above what he has already received, for his expences and service in attending the late Congress at New York, the sum of forty-seven pounds nineteen shillings and nine pence, and the Treasurer of this Colony is hereby directed to pay the same to him accordingly. Ordered hy this Assembly, That the Treasurer of this Col- ony pay unto Mr. Asa Spalding, of Norwalk in the county of Fairfield, the sum of ninety-nine pounds eighteen shillings and ten pence, allowed by this Assembly to be the full of his account for his service and expences in surveying and mak- ing a Plan of this Colony, pursuant to an order of the Gen- eral Assembly of this Colony in May last. Ordered by this Assembly, That the Treasurer of this Col- ony pay unto Mr. Samuel Mott, of Preston in the county of New London, the sum of sixty-three pounds fourteen shillings and six pence, allowed by this Assembly to be the balance of his account for his service and expences in surveying and making a plan of this Colony, pursuant to an order of the General Assembly of this Colony in May last. Ordered by this Assembly, That the Treasurer of this Col- ony pay unto Mr. Moses Park, of Preston in the county of New London, the sum of eighty-nine pounds nine shillings, allowed by this Assembly to be the balance of his account for his service and expences in making a plan of this Colony, pursuant to an order of the General Assembly of this Colony in May last. This Assembly grants to his Honour the Governor the sum of one hundred and fifty pounds, lawful money, for the last half of his salary for the current year, and the Treasurer is ordered to pay the same accordingly. This Assembly grants to his Honour the Deputy Governor the sum of fifty pounds, lawful money, for the last half of his salary for the current year, and the Treasurer is prdered to pay the same accordingly. 1 1766.] OP CONNECTICUT. 451 Resolved hy this Assembly, That tlie Treasurer of this Col- ony be and he is hereby ordered to pay Mr. Timothy Green, printer to the Governor and Company of this Colony, tlie sum of thirty-one pounds fourteen shillinii;s and three pence, for his service in printing the acts of this Assembly, &c.,* as per his bill exhibited to and allowed by this Assembly. This Court is adjourned until the Governor, or in his ab- sence the Deputy Governor, shall see cau .e to call it to meet again. Teste George Wyllys Secret'y [191] Anno Regni Regis Georgii tertii sexto, ^ At a General Assembly and Court of Election holden AT Hartford in hts Majesty's English Colony of Con- necticut in New England in America on the second Thursday of May and continued by several adjourn- ments until the thirtieth day of the same month, an- noque Domini 1766. Present : The Honorable Thomas Fitch, Esq^, Governor.f The Honorable William Pitkin, Esq"", Deputy Grovernor. Jonathan Trumbull, Mathew Griswold, "^ Hezekiah Huntington, Shubael Conant, John Chester, Elisha Sheldon, VEsq", Assistants. Benjamin Hall, Jabez Huntington, | Jabez Hamlin, J Represeyitatives or Deputies of the Freemen of the several Towns are as follow, viz : Colo. William Pitkin, John Ledyard, Esqi", for Hartford. Roger Sherman, Esq'', Mr. Samuel Bishop, for New Haven. Mr. Jeremiah Miller, Mr. William Hilhouse, for New London. Mr. Lothrop Lewis, Colo. John Read, for Fairfield. Maj. Jedidiah Elderkin, Capt. Samuel Murdock, for Wind- ham. ^ * One item of this bill was £13, for printing 300 copies of the stamp act. Finance & Currency, v. 91. f In March, 1766, was published at Hartford by Thomas Green a pam- phlet of fourteen pages, written bj^ Governor Fitch, with the title Some reasons which influenced the Governor to take ami the Councillors to adminis- ter the Oath required by the Act of Parliament, commonly called the Stamp Act ; Hunibly submitted to the consideration of the public. It did not, how- ever, have the effect of securing the re election of himself and the four Assistants by whom the oath was administered to him. 452 PUBLIC RECORDS [Maj, Colo. Ebenezer Marsh, Mr. Isaac Baldwin, for Litchfield. Mr. Isaac Traccy, Maj. Johu'Durkee, for Norwich. Mr. Abraham Davenport, Oapt. Cliarles Webb, for Stamford. Maj. Amos Cheesbrough, Mr. Paul Wheeler, for Stonington. Capt. Jabez Sherwood, Oapt. Messenger Palmer, for Green- wich. Capt. Moses Fish, Capt. Benadam Gallop, for Groton. Mr. John Ransom, Mr. Eliphalet Comestock, for Kent. Mr. Daniel Alden jan'", Capt. Isaac Pinney, for Stafford. Mr. John Fowler'^Mr. Robert Treat, for Milford. Mr. Phineas Sti'ong, Mr. Ephraim Root, for Coventry. Capt. Daniel Taylor, Mr. Samuel Dickingson, for Danbury. Mr. John Stiong, Mr. Jonathan Root, for Farmington. Capt. Samuel Morgan, Colo. Samuel Coit, for Preston. Mr. Daniel Foot, Capt. Peter Bulkley, for Colchester. Capt. John Wilson, Mr. Abijah Catlin, for Harwinton. [192] Mr. Jonathan Dresser, Colo. Israel Putnam, for Pom- frettr Mr. Bryant Brown, Mr. Benja. Leavins, for Killingly. Mr.( Richard Fairman, Capt. Henry Glover, for Newtown. Capt. Nehemiah Lyon, Mr. Ebenezer Payne, for Woodstock. Mr. Joseph Hopkins, Mr. Stephen Upson, for Waterbury. fir. Bushnel Bostwick, Capt, Samuel Canfield, for New Mil- / ford. ' Capt. Isaac Kellogg, Mr. Martin Smith, for New Hartford. / Capt. Eleazer Huljbel, Mr. Ephraim Hubbel, for New Fair- field. Capt. James Wadsworth jr., Mr. Nathan Camp, for Durham. Mr. John Gordon, Mr. Robert Dixon, for Voluntown. Mr. Emery Pease, for Sommers. Capt. Benja. Sumner, Capt. Jedidiah Fay, for Ashford. Mr. William Williams, Mr. Benajah Bill, for Lebanon. Mr. Edward Collins, Mr. Natbaniel Terry, for Enfield. Capt. William Hoadly, Mr. Samuel Russel,for Brandford. Mr. Thomas Fitch jun'', Mr. Joseph Piatt, for Norwalk. Mr. Benja. Chaplin, Mr. John Salter, for Mansfield. Mr. Alex"" Wolcott, Mr. Mathew Rockwell, for Windsor. Mr. John Cook, Mr. Noah Wilson, for Torrington. Mr. Zebulon West, Capt. Samuel Chapman, for Tolland. Maj'' Elizur Talcott, Mr. William Welles, for Glastonbury. Capt. Thomas Pitkin, Mr. Benja. Talcott, for Bolton. Mr. Abner Barker, Capt. Timo. Pearl, for Wellington. Capt. Thomas Chittenden, Mr. Joshua Porter, for Salisbury. Capt. Jonath. Pettibone, Capt. John Case, for Symsbury. Colo. Samuel Willard, Capt. John Murdock, for Saybrook. 1766.] OF CONNECTICUT. 453 Mr. William Lee, Mr. Nathan Olmstead, for Riclp:efield. Mr. Daniel Sherman. Mr. Increase Moseley, for Woodbury. Capt. Samuel Kent, Mr. William King, for Sufficld. Mr. Nathaniel Hill, Mr. Nath. Ruggles, for Guilford. Mr. Noah Rogers, Mr. Heman Swift, for Cornwal. Mr. John Lay 2d, Mr. Samuel Selden, for Lyme. Mr. John Phelps, Capt. Samuel Gilbert, for Hebron. Maj'' Hez'' Brainerd, for Haddam. Capt. Robert Fairchild, Capt. Ichabod Lewis, for Stratford. Capt. Macock Ward, Capt. Samuel Hull, for Wallingford. Mr. Elisha Payne, Maj"" p]zekiel Pierce, for Plainfield. Capt. Jabez Fitch, Mr. Stephen Frost, for Canterbury. Mr. Moses Lyman, Capt. Ebenezer Norton, for Goshen. Mr. Seth Wetmore, Mr. Richard Alsop, for Midletown. Mr. Daniel Holbrook, Capt. Abel Gun, for Derby. Capt. Elisha Williams, Capt. Thomas Belding, for Weathers- field. Capt. John Williams, Capt. Caleb Jewet, for Sharon. Colo. David Whitney, Mr. Charles Burrel, for Canaan. Capt. John Pierson, Colo. Aaron Eliott, for Killingworth. Mr. Dyer Throop, for East Haddam. Zebulon West, Esq'', Speaker, | of the House of Mr. William Williams, Clerk, \ Representatives. [193] This day being appointed by the royal charter and the laws of this Colony for the Election of the public officers of the Colony, viz : Governor, Deputy Governor, Assistants, Treasurer and Secretary, proclamation was made, and then the votes of the freemen were given in to the persons appoint- ed by the Assembly to receive, sort and count them ; which persons were, Jonathan Trumbull, Hezekiah Huntington, John Chester, Benjamin Hall, Jabez Hamlin, Mathew Griswold, Shubael Conant, Elisha Sheldon, Jabez Huntington, Mr. John Ledyard, Capt. Elisha Williams, Capt. John Fowler, Mr. Sam- uel Bishop, Mr. William Hilhouse, Colo. Samuel Coit, Capt. Robert Fairchild, Mr. Thomas Fitch jun"", Capt. Jabez Fitch, Majf Jedidiah Elderkin, Colo. Ebenezer Marsh and Capt. John Williams, who were all sworn to a faithful discharge of that trust. And the freemen's votes being brought in, sorted and counted. The Honorable William Pitkin, Esq"", is chosen Governor of this Colony for the year ensuing. The Honorable Jonathan Trumbull, Esq"", is chosen Deputy Governor of this Colony for the year ensuing Hezekiah Huntington, Esq^, Mathew Griswold, Esq"", Shu- bael Conant, Esqf, Elisha Sheldon, Esq'', Eliphalet Dyer, Esq^ 454 PUBLIC RECORDS [May, Jabez Huntington, Esq^, William Pitkin jim'", Esq'',* Roger Sherman, Esq% Robert Walker, Esq"^, Abraham Davenport, Esq% William Samuel Jolmson, Esq', Joseph Spencer, Esq"^, are chosen Assistants for the year ensuing. Joseph Talcott, Esq'', is chosen Treasurer of tliis Colony for the year ensuing. George Wyllys, Esq^ is chosen Secretary of this Colony for the year ensuing. The Governor's oath appointed by the law of this Colony, and the oath required by the act of Parliament made and pass- ed in the fourth year of the reign of his Majesty George the third, entituled An act for granting certain duties in the Brit- ish Colonies and Plantations in America &c., were indue form and manner administered to the Hon'^'e William Pitkin, Esq"", now chosen Governor of the Colony of Connecticut. The Deputy Governor's oath appointed by law was admin- istered by his Honor the Governor to the Hon'^'fi Jonathan Trumble, Esq"", now chosen Deputy Governor. The Assistaiit's oath prescribed by the law of this Colony was duly administered to Hezekiah Huntington, Mathew Gris- wold, Shubael Conant, Elisha Sheldon, Eliphalet Dyer, Jabez Huntington, William Pitkin jun"", Roger Sherman, Robert Walker, Abraham Davenport, William Samuel Johnson, and Josepii Spencer, Esq''% now chosen Assistants over this Col- ony. The Treasurer's oath prescribed by law was duly adminis- tered to Joseph Talcott, Esqs now chosen Treasurer. The Secretary's oath appointed by law was administered by his Honor the Governor to George Wyllys, Esq"^, now chosen Secretary of this Colony. And now the said new elected public officers of the Colony took their seats and places accordingly in the present session of the General Assembly of the Governor and Company of the Colony of Connecticut aforesaid, to transact the incident and proper business and concerns of said Assembly. Ordered, That Elisha Sheldon and John Williams, Esq", return the thanks of this Assembly to the Reverend Mr. Jonathan Lee, for his sermon delivered before the Assembly on the 8th instant, and desire a copy thereof that it may be printed. [194] This Assembly do appoint the Honorable Jonathan •Trumbull, Esq"", to be Chief Judge of the Superior Courts in this Colony for the year ensuing. *Ezekiel Williams of Weathersfield, Esq', was appointed Sheriff of Hart- ford county, February 3d, 1767, in the room of William Pitkin, Esq', pro- moted. Courant No. 110. 17(36.] OP CONNECTICUT. 455 This Assembly do appoint Robert Walker, Esq"", Mathew Grisvvokl, Esq"", Eliphalet Dyer, Esq"", and Roger Sherman, Esq"^, to be Judges of the Superior Courts in this Colony the year ensuing. This Assembly do appoint Jabez Hamlin, Esq^ to be Judge of the County Court in and for the county of Hartford for the year ensuing. This Assembly do appoint Roger Newton, Esq'', to be Judge of the County Court in and for the county of Newhaven for the year ensuing. This Assembly do appoint Hezekiah Huntington, Esq"", to be Judge of the County Court in and for the county of New London for the year ensuing. This Assembly do appoint David Rowland, Esq'^, to be Judge of the County Court in and for the county of Fairfield for the year ensuing. This Assembly do appoint Shubael Conant, Esq% to be Judge of the County Court in and for the county of Wind- ham for the year ensuing. This Assembly do appoint John Williams, Esq'', to be Judge of the County Court in and for the county of Litchfield for the year ensuing. This Assembly do appoint Joseph Talcott, Esq^ to be Judge of the Court of Probate for the district of Hartford for the year ensuing. This Assembly do ajipoint Jabez Hamlin, Esq^ to be Judge of the Court of Probate for the district of Midletown for the year ensuing. This Assembly do appoint Joseph Spencer, Esq"", to be Judge of the Court of Probate for the district of East Haddam for the year ensuing. This Assembly do appoint Zebulon West, Esq"^, to be Judge of the Court of Probate in and for the district of Stafford for the year ensuing. This Assembly do appoint John Hubbard, Esq^ to be Judge of the Court of Probate for the district of Newhaven for the year ensuing. This Assembly do appoint Nathaniel Hill, Esq"", to be Judge of the Court of Probate for the district of Guilford for the year ensuing. This Assembly do appoint Gui-don Saltonstall, Esq"", to be Judge of the Court of Probate for the district of New Lon- don for the year ensuing. This Assembly do appoint Hezekiah Huntington, Esq"", to be Judge of the Court of Probate for the district of Norwich for the year ensuing. 456 PUBLIC RECORDS [May, This Assembly do appoint David Rowland, Esq-", to be Judge of the Court of Probate for the district of Fairfield for the year ensuing. This Assembly do appoint Jonathan Hoit, Esq'', to be Judge of the Court of Probate for the district of Stamford for tlie year ensuing. This Assembly do appoint Thomas Benedict, Esq'', to be Judge of the Court of Probate for the district of Danbury for the year ensuing. This Assembly do appoint the Hon^'ie Jonathan Trumbull, Esq"", to be Judge of the Court of Probate for the district of Windham for the year ensuing. This Assembly do appoint Jabez Fitch, Esq"", to be Judge of the Court of Probate for the district of Plainfield for the year ensuing. This Assembly do appoint Ebenezer Williams, Esq"", to be Judge of the Court of Probate for the district of Pomf rett for the year ensuing. This Assembly do appoint Daniel Sherman, Esq"", to be Judge of the Court of Probate for the district of Woodbury for the year ensuing. [195] This Assembly do appoint Ebenezer Marsh, Esq"", to be Judge of the Court of Probate for the district of Litch- field for the year ensuing. This Assembly do appoint John Williams, Esq^ to be Judge of the Court of Probate for the district of Sharon for the year ensuing. This Assembly do appoint William Woicott, Zebulon West, Seth Wetmore and Samuel Talcott, Esq'^% to be Justices of the Peace and Quorum in and for the county of Hartford the year ensuing. This Assembly do appoint John Chester, Thomas Welles, Phineas Lyman, Jabez Hamlin, Joseph Fowler, George Wyllys, Joseph Talcott, John Ledyard, Thomas Hosmer, Jona- than Hills, Thomas Seymour, John Pitkin, Samuel Enno, Erastus Woicott, Josiah Bissel, Henry Allyn, Elisha Williams, Joseph White, Joseph Southmaid, Nathaniel Chauncey, Mathew Talcott, John Hooker, Solomon Whitman, Jared Lee, Hezekiah Gridley, John Strong, William Wadsworth, John Owen, Judah Holcomb, Jonathan Pettibone, Hezekiah Humph- rey, Samuel Kent, Hezekiah Brainerd, Joseph Wells, Jona- than Hale, John Kiml)erly, William Welles, Daniel Cone, Daniel Brainerd jun"", Epaphras Lord, John Watrous, Daniel Foot, John Phelps, Alexander Phelps, Samuel Gilbert, Elisha Steel, Thomas Pitkin, Benjamin Talcott, Ephraim Terry, 176G.] OF CONNECTICUT. 457 Joseph Olmstcad. Isaac Pinney, Abtier Barker, Samuel Rey- nolds, Peter Bulkley, and Daniel Alden jun"", Esq'^*, to be Jus- tices of the Peace in and for the county of Hartford for the year ensuing. This Assembly do appoint Joseph Hart, Esq"", to be a Justice of the Peace in and for the county of Hartford for the year ensuing. This Assembly do appoint John Hubbard, Elihu Chauncey, and Thomas Darling, Esqf^ to be Justices of the Peace and Quorum in and for the county of Newhaven for the year ensuing. This Assembly do appoint Roger Sherman, Esq^, Justice of Quorum in and for the county of Newhaven for the year ensuing. This Assembly do appoint Roger Newton, Benjamin Hall, Samuel Sherman, John Wliiting, Samuel Sacket, Daniel Lyman, Samuel Hemingway, Rol)ert Treat, Nathan Baldwin, John Fowler, Timothy Russel, Daniel Holbrook, Charles French, Thomas Mathews, Joseph Hopkins, Caleb Humiston, Timothy Judd, Elilui Hnll, John Hall, Caleb Merriman, Ben- jamin Hall 4th, James Wadsworth j'^, Theophilus Rossiter, Samuel Robinson, Nathaniel Ruggles, Nathaniel Hill, Josiah Meiggs, Jonathan Russell, Josiah Rogers, Samuel Barker, William Hoadley, James Barker, Stephen Upson jun'', and Aaron Lyman, Esq'"'', to be Justices of the Peace in and for the county of New Haven for the year ensuing. This Assembly do appoint Nathaniel Hill, Esq"", to be Jus- tice of the Quorum for the county of Newdiaven for the year ensuing. This Assembly do appoint Christopher Avery, Richard Lord, Pygan Adams and Ebenezer Backus, Esq^^, to be Justices of the Peace and Quorum in and for the county of New London for the year ensuing. This Assembly do appoint Benjamin Gale, Elnathan Ste- phens, Aaron Eliot, Joseph Wilcox, John Pierson, Nathaniel Clark, John Tulley, Hezekiah Whittelsey, John Murdock, Benjamin Lee, Samuel Ely, John Lay 2d, George Dorr, Sam- uel Selden, Daniel Coit, Jeremiah Miller, William Hilhouse, Richard Law, Nathaniel Shaw, Luke Perkins, William Wil- liams, Nathan Smith, Ebenezer Avery, Joseph Denison, Sam- uel Prentiss, Amos Cheesbrougli, John Williams, Charles Phelps, Samuel Morgan, Samuel Coit, William Winter, Wil- liam Whiting, Jacob Perkins, Ebenezer Hartshorn, Simon Tracey jun% Humphrey Avery, Samuel Huntington, Elisha Fitch, and Benjamin Huntington, Esqf^, to be Justices of the 58 458 PUBLIC EECORDS [May, Peace in and for the county of New London for the year ensuing. This Assembly do appoint Abraham Davenport, Esq"", to be of the Quorum in and for the county of Fairfield for the year ensuing. This Assembly do appoint John Read, Samuel Adams, and Robert Fairchild, Esq^s, to be Justices of the Peace and Quorum in and for the county of Fairfield for the year ensuing. This Assembly do appoint David Rowland, Joseph Piatt, Agur Tomlinson, Ichabod Lewiss, James Walker, William Burr, Lothrop Lewiss, Thomas Hill, David Burr, Samuel Sherwood, Samuel Fitch, Thomas Fitch jun"", Elias Betts, Theophilus Fitch, Jonathan Hoit, John Ferriss, Sam' [196] Olmstead, || Samuel Smith, Thomas Benedict, Joseph Piatt Cook, Samuel Taylor, Ephraim Hubbel, Caleb Baldwin, Richard Fairman, Daniel Faircliild, Samuel Bradly jun^, Charles Webb, Messenger Palmer, and David Knapp, Jona- than Maltbie and Peter Mead, Esq'"^ to be Justices of the Peace in and for the county of Fairfield for the year ensuing. This Assembly do appoint Ebenezer Silliman, Esq"", to be a Justice of the Peace in and for the county of Fairfield for the year ensuing. This Assembly do appoint John Dyer, Jabez Fitch, Joshua West and Jedidiah Elderkin, Esqf% to be Justices of the Peace and Quorum in and for the county of Windham for the year ensuing. This Assembly do appoint Jonathan Huntington, Nathaniel Huntington, Samuel Gray, Nathaniel Wales jun^, Joseph Clark, William Metcalf, William Williams, Benjamin Wheeler, Isaac Coit, Josepli Storrs, Joseph Strong, Phineas Strong, Samuel Huntington of Canterbury, John Curtiss, Ebenezer Williams, William Osgood, Thomas Williams, John Grosve- nor, Samuel Danielson, Jacob Dresser, Thomas Moffat, Sam- uel Chandler, Nathaniel Childs, Ebenezer Smith, John Smith, Robert Dixon, Jeremiah Keene, Elijah Whiton, Benjamin Sumner, Ebenezer Wales, Abner Sessions, Benajah Bill, Jacob Symons, and Elisha Payne, Esqf's, to be Justices of the Peace in and for the county of Windham for the year ensuing. This Assembly do appoint Ebenezer Marsh, Increase Mosely, Daniel Sherman and Bushnel Bostwick, Esq^s, to be Justices of the Peace and Quorum in and for the county of Litchfield for the year ensuing. This Assembly do appoint John Williams, Timothy Collins, Jacob Woodruff, Isaac Baldwin, Elisha Stoddard, Daniel 1766.] OP CONNECTICUT. 459 Everet, Benjamin Hinman, Tilley Blachley, Paul Welch, Samuel Bostwick, John Ransom, Daniel Lee, Nathan Eliot, Cyrus Marsh, Daniel Griswold of iSharon, James Landon, John Hutchinson, Thomas Russel, David Whitney, John Beebe, John Beach, Moses Lyman, Samuel Nash, John Cook, Epaphras Sheldon, Cyprian Webster, Abijah Catlin, Isaac Kellogg, Mathew Gillet, Michael Humphrey, Samuel Canfield, Charles Burrel, and Joshua Porter, Esq''% to be Justices of the Peace in and for the county of Litchfield for the year ensuing. This Assembly do appoint Aaron Eliot, Esq"", to be Colonel of the seventh regiment in this Colony. This Assembly do appoint Hezekiah Brainerd, Esq"", to be Lieutenant-Colonel of the seventh regiment in this Colony. This Assembly do appoint John Murdock, Esq"", to be Major of the seventh regiment in this Colony. This Assembly do appoint Joseph Spencer, Esq"", to be Col- onel of the 12th regiment in this Colony. This Assembly do appoint Alexander Phelps, Esq"", to be Lieutenant-Colonel of the 12th regiment in this Colony. This Assembly do appoint William Williams, Esq"", to be Major of the 12th regiment in this Colony. This Assembly do establish Mr. Moses Robbins to be Cap- tain of the 13th company or trainband in the 11th regiment in this Colony. This Assembly do establish Ezra Creary to be Lieuten- ant of the 13th company or trainband in the 11th regiment in this Colony. This Assembly do appoint James Kinnee jun"" to be En- sign of the 13th company or trainband in the lltli regiment in this Colony. This Assembly do appoint Mr. Henry Lyon to be Captain of the company or trainband in the east division in the par- ish of Reading in the 4th regiment in this Colony. This Assembly do establish Mr. Daniel Hill to be Lieuten- ant of the company or trainband in the east division in the parish of Reading in the 4th regiment in this Colony. [197] This Assembly do establish Mr. Obadiah Gore to be Captain of the 8th company or trainband in the town of Nor- wich. This Assembly do establish Mr. Ambrose Blunt to be Lieutenant of the 8th company or trainband in the town of Norwich. This Assembly do establish Mr. James Cook jun"", to be En- sign of the 8th company or trainband in the town of Nor- wich. 460 PUBLIC RECORDS [May, This Assembly do establish Experience Storrs to be Captain of the 2d company or trainband in the 5tli regiment in this Colony. This Assembly do establish Mr. Jonathan Nickols to be Lieutenant of the second company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. James Dana to be Ensign of the 2d company or trainband in the 5tli regiment in this Colony. This Assembly do establish Mr. "William Cary to be Ensign of the 2d* company or trainband in the 5th regiment in this Colony. . This Assembly do establish Mr. Elisha Fox to be Ensign of the seventh company or trainband in the 3d regiment in this Colony. This Assembly do establish Mr. Phineas Barns to be Lieu- tenant of the first company or trainband in Southington par- ish in the town of Farmington. This Assembly do establish Mr. Zealous Adkins to be En- sign of the first company or trainband in Southington parish in the town of Farmington. This Assembly do establish Mr. Samuel Hickcox to be Lieutenant of the second company or trainband in the town of Waterbury. This Assembly do establish Mr. Stephen Welton to be En- sign of the second company or trainband in the town of Waterbury. This Assembly do establish Mr. Daniel Morgan to be Cap- tain of the 5th company or trainband in the 8th regiment in this Colony. This Assembly do establish Mr. Peter Rose to be Lieu- tenant of the 5th company or trainl)and in the 8th regiment in this Colony. This Assembly do establish Mr. Thomas Partridge to be Ensign of the 5th company or trainband in the 8th regiment in this Colony. This Assembly do establish Mr. Nathan Douglas to be Cap- tain of the first company or trainband in the town of New London. This Assembly do establish Mr. Asa Spaulding to be Lieu- tenant of the first company or trainband in the first society in the town of Norwalk. This Assembly do establish Mr. Haynes Fitch to be Ensign of the first company or trainband in the first society in the town of Norwalk. * 1st corapaay. Original file, 1766.] OF CONNECTICUT. 461 Tills Assembly do appoint Mr. Samuel Hall to be Cap- tain of the 8th company or trainband in the 6tli regiment in this Colony. This Assembly do establisli Mr. Abiel Clieeney to be Lieu- tenant of the 8th company or trainband in the 6tli regiment in this Colony. This Assembly do establish Mr. James Hooker to be Cap- tain of the second company or trainband in the town of Wind- sor. This Assembly do establish Mr. Phineas Lewis to be Lieu- tenant of the 2d company or trainband in the town of Farm- ington. This Assembly do establish Mr. Joseph Porter to be En- sign of the 2d company or trainband in the town of Farm- ington. Tliis Assembly do establish Mr. John Beecher to be Cap- tain of the troop of horse in the second regiment in this Colony. This Assembly do establish Mr. Joseph Sandford to be Lieu- tenant of the troop of horse in the second regiment in this Colony. This Assembly do establish Mr. Enoch Baldwin to be Quarter-Master of the troop of horse in the second regiment in this Colony. This Assembly do establish Mr. John Belding to be Ensign of the 1st company or trainband in the 6th regiment in this Colony. [198] This Assembly do establish Mr. Daniel Bide jun"" to be Lieutenant of the third company or trainband in the town of Norwich. This Assembly do establish Mr. Joseph Hunt to be Ensign of the 3d company or trainband in the town of Norwich. This Assembly do establish Mr. Samuel Gurley to be Cap- tain of the 10th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Stephen Deming to be En- sign of the 10th company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Guy Richards to be Captain of the second company or trainband in the town of New London. This Assembly do establish Mr. Richard Dishon to be Lieu- tenant of the 2d company or trainband in the town of New London. This Assembly do establish Mr. Adam Shapley to be En- 462 PUBLIC RECORDS [May, sign of the second company or trainband in the town of New London. This Assembly do establish Mr. Walter Hide to be Captain of the first company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. James Clark to be Lieu- tenant of the first company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. William Huntington to be Ensign of the first company or trainband in the 12th regi- ment in this Colony. This Assembly do establish Mr. Amariah Williams to be Lieutenant of the 10th company or trainband in tiie 5th regi- ment in this Colony. This Assembly do establish Mr. John Brown to be Captain of the 9th company or trainband in the lltli regiment in this Colony. This Assembly do establish Mr. Joseph Hansford to be Lieu- tenant of the 9th company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Joseph Woodward to be Ensign of the 9tli company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Mathew Perkins to be Cap- tain of the company or trainband in the society of Hanover in the town of Norwich. This Assembly do establish Mr. Isaiah Williams to be Lieu- tenant of the company or trainband in the society of Hanover in the town of Norwich. This Assembly do establish Mr. David Knight jun"" to be En- sign of the company or trainband in the society of Hanover in the town of Norwich. This Assembly do establish Mr. Ebenezer Emons to be En- sign of the 12th company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Samuel Youngs to be Cap- tain of the company or trainband in the society of Midlesex in the 9th regiment in this Colony. This Assembly do establish Mr. Abraham Reed to be Lieutenant of the company or trainband in the society of Midlesex in the 9th regiment in this Colony. This Assembly do establish Mr. Zebulon Hibbard to be Cap- tain of the third company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Samuel Bingham to be 1766.] OP CONNECTICUT. 463 Lieutenant of the 3d company or trainband in the 5th regi- ment in this Colony. This Asseml)ly do establish Mr. Joseph Ruggles jun"" to be Captain of the company or trainband in the society of New- bury in the 4th regiment in this Colony. This Assembly do establish Mr. Israel Wait Wells to be Lieutenant of the first troop of horse in the 12th regiment in this Colony. This Assembly do establish Mr. Ichabod Olmstead to be Cornet of the 1st troop of horse in the 12th regiment in this Colony. This Assembly do establish Mr. John Chamberlin jun^ to be Quarter-Master of the first troop of horse in the 12th regiment in this Colon3^ [199] This Assembly do establish Mr. Stephen Turner to be Ensign of the 10th company or trainband in the 5th regi- ment in this Colony. This Assembly do establish Mr. Joseph Smith jun'^ to be Lieutenant of the company or trainband in the society of Newbury in the 4th regiment in this Colony. This Assembly do estalilish Mr. Joseph Starr to be Captain of the second company or trainband in the town of Groton. This Assembly do establish Mr. Solomon Perkins to be Lieutenant of the 2d company or trainband in the town of Groton. This Assembly do establish Mr. John Potter to be Ensign of the 14th company or trainband in the 2d regiment in this Colony. An Act for recovering in the Excise Monies and appropriating the same for the Benefit of Schools. Be it enacted hy the Grovernor, Council and Representatives^ in General Court assembled, and hy the authority of the same, That the selectmen in each town in this Colony for the time being shall, and they ai'e hereby authorized and impowered to receive, collect, sue for and recover of all or any of the collec- tors or retailers of the same town, their heirs, executors or administrators, any sum or sums of money that are yet due and unpaid, which such collector or collectors have already or might have collected by the several acts and laws of this Colony for excise on liquors, tea, &c.; and all the monies that shall be recovered by virtue of this act for and on account of the excise &c., as above mentioned, shall be paid to the sev- eral committees in each town where they are recovered, who are appointed to receive the money granted by the Colony for the encouragement of schools, and shall by said committee be let out and the interest thereof improved for the support of the respective schools aforesaid forever, and for no other use. 464 PUBLIC EECORDS [Maj, And he it further enacted hy the authority aforesaid, Tliat all the monies that have been paid into the treasury of this Cohiny by any town for and on account of the excise as above- mentioned, the interest thereof at the rate of five per centum per annum shall be annually paid out of the treasury of this Colony to the several towns, in proportion to the sums paid in by them, and the same shall by said towns be laid out and improved for the benefit and support of the school or schools in such town, in the same manner as the other monies drawn out of the Colony treasury are ordered and directed. An Act in further Addition to one Law of this Colony entituled An Act for collecting and paying' of Rates or Taxes. Whereas it is provided in and by the seventh paragraph of said act, that when and so often as it shall so happen that any constable chosen by any town to collect the Colony rates or taxes prove insolvent or shall not be able to pay the Colony tax or any part thereof in his hands, in such case the Treasurer of the Colony is ordered and impowered to grant and sign a writ or warrant directed to one of the sheriffs of the Colony, requir- ing him to levy and collect of the selectmen, or any one of them, of that town in which such insolvent constable was cho- sen, such rate or part thereof as shall then be in the hands of such insolvent constable &c., but no provision is made in said act, nor in the act made in addition thereto, for any town or selectmen in case of the failing circumstances of their respec- tive collectors, to avail themselves of any part of the rate-bills in the hands of their collectors, or of their estates, whereby the towns are exposed to loss : Therefore, Be it enacted by the Governor, Council and Mepresentatives, in Greneral Court assembled, and hy the authority of the same, That when and so often as any collector of the Colony rate shall neglect to make up and settle his accounts with the Treas- urer by the time appointed by law for settling the same, it shall be lawful for the selectmen of such town for the time being, to bring their action against sucli negligent collector for the recovery of such sum or sums as shall remain unpaid, and to attach and secure tlie person and estate of such collector for the same ; and the whole of the estate which such collec- tor shall be seized or possessed of at the time of the select- men's bringing their action as aforesaid shall be subject to the payment of said rate or tax, any disposition of said collector or any demand of any creditor notwithstanding. Provided also, that if any such collector shall deliver up his rate-bill into the hands of the selectmen, they are hereby impowered to de- pute some meet person to collect the remaining part of said bill, and the same shall be accounted for in favour of said col- lector. 176G.] OF CONNECTICUT. 465 And be it further enacted hy the authority aforesaid^ That when and so often as any town shall have brought their action against any collector, pursuant to this act, the Treasurer of this Colony may grant out his warrant against the selectmen of that town for non-payment of said tax or taxes, as in case of a return of a no7i est inventus against tlie collector, as is provided by said recited statute, without first sending such warrant. [200] An Act in Addition to an Act of this Colony entituled An Act for regulating Gaols and Gaolers. Be it enacted hy the Governor, Council and Representatives, in Greneral Court assembled, and by the authority of the same, That no person or persons that shall l)e committed to prison in any civil matter or action shall be admitted or allowed to take the oath provided in said act for poor prisoners, until the cred- itor or creditors of such prisoner, if inhabitants within this Colony, otherwise the attorney of such creditor or creditors, has been notified to ap{)ear at time and place of such prisoner's taking said oath, and a reasonable time allowed after such notice given for the creditor or his attorney to appear and shew reasons, if any he hath, why such prisoner or prisoners shall not be allowed to take the oath by said act provided; any law, usage or custom to the contrary notwithstanding. An Act for preventing trivial and vexatious Suits. Be it enacted by the Grovernor, Council and Representatives, in Greneral Court assembled, and by the authority of the same, That in all actions of trespass, assault and battery, and tres- pass ujjon the case, which shall be hereafter commenced or prosecuted in any county or su})erior court in this Colony, (except only where the title or inheritance or interest of lands or freehold estate is the principal matter in question on the tryal of such case,) if the damage is therein found by verdict of a jury or otherways to be under forty shillings, lawful money, the plaintiff shall recover no more costs than damages ; any law, usage or custom to the contrary notwithstanding. Provided nevertheless, That when the defendant in any of the actions aforesaid sliall remove such action by appeal from an Assistant or justice of the peace to the county court, or from the county court to the superior court, the plaintiff on his recovering final judgment against the defendant shall recover his full costs of suit ; anything in this act to the contrary not- withstanding. An Act in Addition to an Act entituled An Act for preventing, punishing and removing Nuisances in Creeks, Eivers and Water Courses. Whereas the drawing of seines near and at the mouth of the river called Windsor Ferry River prevents the fish and turns 59 466 PUBLIC RECORDS [May, them from going in their natural course, which prevents their being taken and catched up said river in the spring season, as usual, It is therefore enacted hy the Governor, Council and Repre sentatives, in General Court assembled, and hy the authority of the same, That no person or persons whatsoever sliall be allowed to draw any seine or use any fish-craft for the tak- ing and catching fish in the months of April and May annu ally, within a quarter of a mile below where the said river empties itself into Connecticut River, nor at the mouth of said Ferry River, or within a quarter of a mile up said river, at any time. Nor shall any person or persons in the night season in said months, between the setting and rising of the sun, draw any seines or use any other fish-crafts to prevent the fish going up said river. And every person or persons that shall be convict-] ed of the breach of this act shall forfeit the sum of ten pounds,! the one half to the complainer who shall prosecute to effect, the other half to the county treasurer where the offence is committed ; any law, usage or custom to the contrary not- withstanding. This act to be in force for three years, and no longer. An Act for the Reviving an Act of this Colony made and passed in May, 1761, entituled An Act in further Addition to the LaAv entituled An Act providing in Case of Sickness. Whereas it was resolved by this Assembly at their sessions in May last, that the aforesaid act should continue and be in force until the rising of this Assembly, and no longer. Be it therefore enacted hy the Governor, Council and Rep- resentatives, in General Court assemhled, and hy the authority of the same. That the said act be revived, and the same is hereby revived, and shall continue and be in full force until the rising of this Assembly in May next. This Assembly desire his Honour the Governor to consider of and prepare an humble, dutiful and loyal Address to his Majesty, expressive of the filial duty, gratitude and satisfac- tion, of the Governor and Company of this Colony on the [201] happy occasion of the beneficial repeal of || the late American Stamp Act, so soon as he shall be possessed of all the materials and intelligence which are expedient and nec- essary in order to preparing and finishing such address in a decent and proper manner. And his Honour the Deputy Governor, Hez'' Huntington, Mathew Griswold, Eliphalet Dyer, William Pitkin jun'", Roger Sherman, Robert Walker, Wm. Samuel Johnson, George Wyllys. Zebuloii West, John i Ledyard, Alexander Wolcott, Jedidiah Elderkin, and William Williams, Esq'^, are hereby appointed a committee fully, 'J authorized and directed, to assist and advise his Honour the y 1766.] OP CONNECTICUT. 467 Governor in preparing and compleating, as soon as it may conveniently be done, such address, and any other addresses as they shall judge expedient and proper on this joyful and happy event; the same to be signed and forwarded by liis Honour the Governor in the name and on behalf of this Corporation ; and also desire his Honour the Governor to return the most ardent and grateful thanks of this Assembly to all those who have distinguished themselves as the friends and advocates of the British Colonies in America on this important occasion, whether as Members of the British Par- liament, or otherways.* Resolved hy this Assembly, That his Honour the Governor be and he is liereby desired to issue his Proclamation appoint- ing a day for public Thanksgiving, to be religiously observed throughout this Colony, on the happy occasion of the bene- ficial repeal of the late Stamp Act, as soon as conveniently may be done after he shall be possessed of all the materials and intelligence of the late interesting and important occur- rences in the British Parliament relative to and shewing all circumstances attending this joyful and happy event.f Resolved hy this Assembly, That John Chester, William Pitkin jun'', and George Wyllys, Esq''% are liereby appointed a committee to sell eight thousand five hundred pounds sterling of the money belonging to this Colony now in the hands of Mr. Agent Jackson. And the said committee is hereby directed to sell the same for the full value thereof in silver, gold, or bills of credit of this Colony emitted by act of Assembly in March, 1764, to any person or persons that shall appear and pay the value thereof, as aforesaid, into the treasury of this *A letter from Governor Pitkin to Secretary Conway, dated Hartford, August 4th, 1766, may be found iu Wnxon' a Prior Documents, 109. x\ud the letter of Secretary Conway, to which it was an answer, is iu N. Y. (Jolo- nkil Documents, vii. 823. E. I. Col. lieeords, vi. 486. f Friday, May 23d, was the day apiiointed. The morning was ushered in by the ringing of bells— the shipping iu the river displayed their colors — at noon 21 cannon were discharged, and preparations were mak- ing for a general illumination in the evening, when accidentally tire was communicated to a quantity of powder, put in one of the lower rooms of the new brick school-house, (which stood where the American Hall is now,) to be delivered out to the military and used on this joyful occasion. In an instant the building was reduced to a heap of rubbish. A number of young gentlemen had met to make sky rockets in the chamber over the room where the powder was deposited. About thirty were buried in the ruins, of whom six died. Both the Hartford ministers were sick, but Rev. John Devotion, of Saybrook, who happened to be present, preached a sermon on the occasion the following Sunday, which was printed. A repeated attempt was vmsuccessfull}' made in behalf of the proprietors, to obtain from the General Assembly compensation for the loss of the building. 468 PUBLIC RECORDS [May, Colony; and wlien such contract is made and the money or bills aforesaid paid into tlie treasury, and the Treasurer's receipt produced to said committee in evidence thereof, said committee is directed to lodge the same with the Secretary of this Colony and make a proper certificate to his Honour the Governor, who is hereby desired and impowered on receipt of such certificate, to draw proper bills of exchange on Mr. Richard Jackson, Agent for this Colony, at Binton Brown & Sons, as he may judge most proper, in favour of such purcliaser or purchasers and for such sum or sums purchased as aforesaid. Resolved hy this Assembly, That Capt. Titus Hurlburt take care of the guns, arms and other warlike stores in the battery at New London, and as far as is necessary see that they are cleansed and preserved from suffering by the rust. And he is hereby impowered to procure a new flag and a barrel of tar for the use of said battery. And this Assembly do grant him the sum of five pounds out of the public treasury for his past services. Whereas Mr. Samuel Kirtland about one year and half ago travelled from this Colony into the country belonging to the Indians of the Six Nations, and has since resided great part of his time among the Seneca Tribe, on purpose to learn their language, in which he hath made great proficiency, thereby to furnish himself for future useful improvement, who is lately returned on a visit to his friends, and with him has come an Indian who is called a head warrior among the Indians and hath shewed liimself a great friend to the person and design of said Mr. Kirtland, by whose friendship and influence the good ends and purposes of civilizing, instruct- ing and christianizing of such Indians will be promoted: Therefore, to encourage the good design of said Mr. Kirtland and to make a grateful return to his Indian friend, this Assembly do grant to said Mr. Samuel Kirtland the sum of twelve pounds in lawful money, to furnish him with suitable cloathes for said service, and also the sum of eight pounds to be laid out in cloathing agreeable to the Indian who came in company with him, and presented to him in the name of this Assembly. And the Treasurer of this Colony is hereby ordered to pay to said Mr. Samuel Kirtland the whole of said two sums, being twenty pounds, lawful money, for the pur- poses mentioned. Upon the petition of Samuel Butler of Weathersfield, rep- resenting to this Assembly that he brought liis action against Jonathan Hills of Hartford before John O^ester, Esq"", As- 1766.] OP CONNECTICUT. 469 sistant, on the ITtli day of September, A. D. 1762, l)y his writ dated the 9th day of August, A. D. 1762, therein charging tlie said Hills with entering upon the petitioner's lot of laud lying in said VVeathersfield, bounded and described [202J II in said writ, and cutting four of the petitioner's trees or poles under the dimensions of one foot diameter, to which action the said Hills pleaded by way of demurrer to the petitioner's title, and said action by legal removes came to the superior court held at Hartford the first Tuesday of March, A. D. 1764, when and where said parties were joined in a general demuri-er to the said Hills's plea aforesaid, on which demurrer said superior court reudered judgment that the aforesaid plea of the defendant, said Hills, was sufficient, and that he should recover his cost, as per files and records of said superior court &c. ; and further complainiug that in proceeding to and rendering said final judgment manifest error hath intervened ; and praying this Assembly to reverse and set aside said final judgment and grant him, the peti- tioner, a new tryal in said action at the superior court to be lield at said Hartford on the first Tuesday of September next, and that all cost may follow the final judgment in said action &c., as per petition on file : Resolved by this Assembly, that the aforesaid fiual judgment is manifestly erroneous, and that the said judgment be and the same is hereby reversed and set aside, and made null and void; and liberty is hereby granted the petitioner of a new tryal in said action at the superior court to be held at Hartford within and for said county of Hartford on the first Tuesday of September next, and that all the cost follow the final judgment that shall be rendered in said action. Upon the petition of Ezekiel Pierce of Plainfield, shewing to this Assembly that he brought his action against Jabcz Fitcli, Esq% of Canterbury, to the county court held at Wind- ham on the 4th Tuesday of June, 1764, demanding X200 Os. Od. damages for recommcndiug Eleazer and Jesse Darby, both of said Canterbury, as men of estates £45 lUs. ytZ. damages, and .£1 10s. 7(^. costs of suit; that said note was given only for certain rights of land within said Province pretended to be conveyed by a certain Indian, called by the name of Motockson, (other- wise called Johannes Motockson,) of Stockbridge in said Province ; that said Indian had no right to sell and convey any such rights of land, and all his pretentions thereto are nothing but a subtle delusion and a cheat, and that the peti- tioner had therefore no consideration for his giving of said note ; praying for relief in the premises &c. : It is therefore resolved and decreed by this Assembly, that the said note by the petitioner given to the said Ebenezer Moulton, and the judgment thereon recovered, and everything relative thereto, shall be and the same is hereby annulled and made wholly void. Whereas upon the petition of Joseph Denlson, Esqf, of Ston- ington, exhibited to this Assembly at their sessions in October last, representing to this Assembly that said petitioner recov- ered final judgment before the adjourned county court held at New London on the first Tuesday of February, 1763, against Robert Allen and Nathan Allen, both of Groton, for the sum of X204 4s. 8d. lawful money; that execution was granted on said judgment and duly levyed on certain lands in Groton supposed to belong to said Robert; that on account of passing- sundry deeds of part of said land from said Robert to Park Allen, and from said Park to Joseph Allen, the title by virtue of said execution to thirty-eight acres and forty rods of said land upon which said execution was levyed was defeated &c. : 1766.] OP CONNECTICUT. 471 Hezekiah Huntington, Shubacl Conant and Jose{)li Spencer, Esqr-% were appointed a committee to take into consideration the matters contained in said petition and report thereon with their opinion to this Assembly at their present sessions: [20o] And whereas said committee have || reported to this As- sembly that said Robert by his deed dated the 19th of May, 1762, conveyed said thirty-eight aci'es and forty rods of land with other lands to said Park Allen as a pledge &c., and that said Park Allen by his deed dated the I4th of October, 1762, con- veyed the same to said Joseph, the petitionee^ and that on the 22d of June, 1763, said execution was levyed on said thirty- eight acres and forty rods of land as the law directs, which was apprized at the sura of £153 Os. Od. lawful money, &c., and that said petitioner has since brought his action to recover said thirty-eight acres and forty rods of land, and that on a final tryal said petitioner's title by virtue of said execution has been adjudged against him &c., and that the said Park in executing said deed to said Joseph and said Robert's receiving the payments, and said Joseph in all his acting and transact- ing thereabout, was with a design to defeat said petitioner of his debt, and that the estate of said Robert is so held and concealed that nothing thereof is to be found to satisfie said debt, and that in equity said Joseph ought to convey to said petitioner said thirty-eight acres and forty rods of land or pay to said petitioner the sum of £153 Os. Od. lawful money, with the interest thereon arising from the 16th of August, 1763, to the 8th day of May, 1766, as per petition and report on file, which report is approved and the same is hereby approved and accepted : And thereupon it is resolved by this Assembly, that the said petitioner shall have and recover of the said Joseph Allen the sum of £177 4s. Od. lawful money, with cost, or in lieu thereof that said Joseph Allen make and execute to said petitioner a good authentick deed of said thirty-eight acres and forty rods of land bounded and described as in the return of said execution appears; and that in case the aforesaid Joseph Allen shall not by the first day of July, A. D. 1766, make and execute a good deed, as aforesaid, to said petitioner, that then execution shall be issued in favour of said petitioner against the said Joseph Allen for the said sum of £177 4s. Od. lawful money, with cost [of suit] to be levyed in due form of law accordingly. Cost allowed petitioner in this case is £20 8s. Id. 2, lawful money. Upon the petition of Stephen Jorden, representing to this Assembly that he, when he was about ten months old, was left fatherless, and had left him l)y his father twenty-five 472 PUBLIC RECORDS [May, acres of land in said Voliintown, which land was under improvement and was by the guardian of said Stejjhen leased to one person and another till the said Stephen arrived to the a,oe of twenty-one years, and that said Stephen was of low education, but little acquainted with men or things, that the last five years before he arrived to age he was in the King's service, that in the year 1764, he, said Stephen, lived in York government, that while said Steplien lived there came to him one Samuel Dorrance the 3d of said Voluntown, with whom said Stephen was acquainted and whom he took to be his friend, and informed said Stephen that every person to whom said Stephen was indebted was about to attach said land and to ruin said Stephen, and that he, said Samuel, came to him altogether for his relief, help and assistance, and advised and insisted that said Stephen should give to said Samuel a deed of said land, and that on said Stephen's return to said Volun- town [he] should have said deed, and that said Samuel would leave with said Stephen a certain horse, saddle, and one dol- lar, anji endorse an execution against said Stephen for <£3 0«. Ot^. lawful money, satisfied, to which the said Stephen com- plied; that said Dorrance, contrary to agreement, kept said deed and land, and refused to make any settlement there- about ; praying for the interposition of this Assembly, that a committee be appointed to enquire into the matters in said petition, examine witnesses, parties &c., as by said petition &c. : Resolved by this Assembly, that Nathaniel Brown, Esq% of Preston, Mr, Boaz Stearns of Killingly, and Mr. Hough Wylee of Voluntown, be and they are hereby appointed a committee to enquire into and examine the matters in said petition set forth, to hear the parties, their evidences, and them examine under oath as they shall see best, hear their pleas, allegations, &c., relative to all matters in said petition mentioned, to consider said land, the improvements, better- ments and value thereof, and everything relative thereto, and their judgment and opinion to make and report to this Assem- bly in October next. Upon the petition of Hannah Clark and Shelden Clark, exe- cutors of the last will and testament of William Clark late of Derby, deceased, representing to the General Assembly in October last that, sometime in September, A. D. 1761, it was agreed conditionally between Enos Ailing and Thomas Howel, merchants in company, and the said William Clark, that the said Clark should purchase of the said Ailing & Howel a quantity of salt, which they then had stored in a warehouse in said Derby, if they could not otherwise better dispose of 1766.] OF CONNECTICUT. 473 the same, and tliat about the 2r)th day of December, A. D. 1761, at the instance and upon the proposal of the said AUinf^, the said agreement and bargain was relinquished and mutually released by the said parties to each other, and that sometime in February or March following the whole of said salt washed out of said store by a flood and totally [204] II destroyed and lost, and that the said Ailing & Howel having some time after commenced a suit at law against the said Clark demanding payment for said salt, the matter was submitted to the arbitrament of arbitrators, who awarded that said Clark should pay half the value of said salt, for which he then gave his note to the said Ailing & Howel, upon which note judgment has since been recovered against the petitioners ; and that the said Clark at the time of giving said note was indisposed and incapable of recollecting the evidence of said release, and consequently could not produce it before the arbitrators, but that since that time the petitioners have found sufficient evidence to prove and establish that point ; thereupon praying that a committee may be appointed to enquire into the matter in said petition complained of, and report make, as by said petition on file may more fully appear: upon which petition Messrs. Roger Sherman, Samuel Bishop junr, both of Newhaven, and Mr. Daniel Bennet of Stratford, were appointed by the General Assembly at their sessions in October last a committee with full power to enquire into all the matters com|)lained of in said petition and make report of what they should find with their opinion thereon to that or the present Assembly ; which committee not having made their report, by reason of the altsence of some material witnesses: Resolved by this Assembly, that the said Roger Sherman, Esq"", Messrs. Samuel Bishop jun"" and Daniel Ben- net, be and they are herel^y reappointed a committee with full power to enquire into all the matters in said petition com- plained of, and make report of what they shall find with their opinion thereon to this or the next General Assembly to be holden at Newhaven in October next. Whereas upon the petition of Mortimer Stoddard of Groton, exhiliited to this Assembly at their sessions in Octo- ber last, representing that with the advice and consent of the selectmen of said Groton, purchased of Daniel Edwards of Groton al)out forty-six acres of land, for which said petitioner gave to said selectmen for the use of said Edwards a note payable for eighty pounds, and also paid sundry charges and discounted debts &c. to the amount of seventy pounds, lawful money ; that on account of some circumstances attending the 60 4'^4 PUBLIC EECORDS [May, executing said deed the same lias been adjudged Toid &c. Hcz- ekiah Huntington, Shubael Conaut and Joseph Spencer, Esq''^, were appointed a committee to take into consideration the original debt mentioned in said petition, with the costs and cliarges thereon arisen, and examine and consider all matters relative thereto, and report thereon with their opinion to this Assembly at their present sessions. And whereas said com- mittee have reported that the original debt mentioned in said! petition, together with tlie necessary costs and charges thereon arisen, amounts in the whole to the sum of forty three pounds] thirteen shillings, and that the same ought to be paid back toj the said petitioner with interest thereon from the 3d day of J December, 1765, till the 8th day of May, 1766, as per peti-j tion and report on file, which report is hereby accepted andj approved: It is thereupon resolved by this Asseml)ly, that said petitioner shall have and recover of the said Daniel Ed- wards the sum of forty-four pounds fourteen shillings and| nine pence, with cost, and that execution be granted accord-j ingly. ^x. granted May 30iA, 1766. Upon the petition of Ebenezer Benton, of Hartford in' Hartford county, exhibited to the General Assembly at their sessions in October last, tlierein representing that the south society in said Hartford some time in the year 1756, voted and agreed to raise by way of tax on themselves the sum of about two hundred pounds towards defraying the expence of finish- ing their meeting-house, and appointed Ebenezer Benton jun"", the son of the petitioner, then being in full life, a collector to ^ collect a part of said rate ; that the committee of said society soon after made out a rate-bill, amounting to about the sura of one hundred and nineteen pounds, being part of said two hundred pounds, and the same delivered to the said Ebenezer jun"", who received the same and proceeded forthwith to col- lect and pay into the hands of said societies committee about twenty-seven pounds ; that soon after great and unexpected diflficulties arose in said society respecting the collecting said rate, and that thereupon said committee ordered said col- lector to cease any further collection of the residue of said rate until he should be ordered again to proceed, which was not done until some time anno Bom. 1760, when said commit- tee anew ordered to proceed to collect said rate; and that before he could have opportunity to do anything towards it he was by sickness disabled, and continued disabled from collect- ing said rate by his said sickness until his death, which hap- pened sometime in the year 1764 ; and that said committee, said sickness notwithstanding, a little before the death of said 1766.] OP CONNECTICUT. 475 collector took out a warrant of distress against said collector, to compel him himself to pay the residue of said rate, tliongh he had been unable to collect any of it, and tliat the sheriff of said county, into whose hands said warrant had l)een de- livered, when said collector lay at the point of death, applied to him to demand the same. The petitioner at that time be- ing present and greatly grieved and hurt, out of compassion to liis said distressed son, (who soon after dyed,) was induced to [205] satisfie the demand of said || warrant, on being assured that he might have lilterty to make use of said rate-bill to re- imburse himself, and that he has collected on said rate al)out the sum of thirteen pounds only since that time, and that said society appointed and authorized a new collector to col- lect in all the residue of said rate and to pay it to the society committee, although they had been paid the whole of it be- fore, and that the petitioner had been thereby wronged by said society out of a large sum of money, and that they wholly refuse to do him right in the premises ; thereupon praying that a committee may be appointed to enquire into the mat- ter in said petition complained of and report make ; where- upon said Asseml)ly at their said sessions in October, 1765, did resolve that Eiastus Wolcott, Esq', Capt. Ebenezer Grant and Capt. Nathaniel Loomiss, be appointed a committee to enquire into all the matters in said petition contained and complained of, and to report &c. to said Assembly or to the next General Assembly to be liolden at Hartford in May tlien next, with their opinion thereon ; and said committee having now made their report to this Assembly, that upon the whole matters referred to their consideration it is their opinion that said society render and pay unto the petitioner the sum of .£35 18.S'. 4d. and £4 6s. Od. for interest, amounting in the whole to the sum of forty pounds four shillings and four pence, lawful money : Whereupon it is resolved by this As- sembly, that the said Ebenezer Benton have and recover of the inhaldtants of said second ecclesiastical society in Hart- ford, otherwise called the south society in Hartford, the sum of forty pounds four shillings and four pence, lawful money, and his just costs ; and the Secretary of this Colony is hereby directed to issue execution thereon accordingly. I' he cost taxed and alloived to the p'^titloner is <£20 2s. 86?. laivful money. Ex. granted Sept. 19th, 1766. Upon the report of Messrs. John Chester, Jabez Hamlin and Jonathan Wells, a committee appointed by this Assem- bly on the petition of James Richardson of Stonington, re- presenting that he had a controversic vyith Benjamin Ban- 476 PUBLIC RECORDS [May, croft of Siifficld, relating to tlieir book accompts, charter of the shiop Gull, as also some goods and merchandize said to he received by the petitioner to sell for the said Bancroft in the Havanna in the year 1X62, which controversies had been referred to arbitration and an award thereon made, in conse- quence of which judgment had been obtained by said Ban- croft against the petitioner for the sum of £498 13s. lOd. lawful money, &c. ; reporting that having first notified the said parties they met at the house of Moses Butler in Hart- ford on the second day of April last, and having fully ex- amined their accounts and duly considered the proofs and allegations of the parties and heard them by their council thereon, that they were of opinion that on the several ac- counts and matters aforesaid there is due to the said Bancroft from the said Richardson the sum of one hundred and thirty- two pounds seventeen shillings and three farthings, lawful money, in the whole : It is therefore resolved and decreed by this Assembly, that the said James Richardson shall pay unto the said Benjamin Bancroft the aforesaid sum of one hundred thirty-two pounds seventeen shillings and three far- things, lawful money, and that execution be thereon awarded, and that the aforesaid judgment recovered by said Bancroft against the petitioner in consequence of said former award be and the same is hereby decreed to be null and void. Cost taxed and allowed to said Bancroft vs. said Richardson is X9 15 4, lawful money. Ex. granted June 9th, 1766. Upon the petition of Jabez Hall, of New Fairfield in Fair- field county, representing to this Assembly that Nathan Hurl- burt, of Sharon in Litchfield county, in the year 1763, bar- gained and sold to the petitioner a certain right in the Sus- quehanna Land, so called, for the consideration of twenty-five pounds, money, which was then secured to the said Hurlburt by note of hand dated January 18th, 1763, with interest; that at the time of executing and delivering the said note the said Hurlburt did fully agree with the petitioner that he would deliver to the petitioner a good sufficient warranty deed of said right at or before the 10th day of June next after the date of said note, and in case he should not deliver such deed by that time that the petitioner should never pay any part of said note nor be sued thereupon, or if he should pay any part of said note that the money by him paid should be returned if such deed was not delivered ; that the said Hurlburt never delivered the petitioner any deed of said right, but in viola- tion of said agreement (having received £5 15s. Od. on said note) ordered the same to be put in suit and himself abscond- 1766.] OP CONNECTICUT. 477 ed out of the government, leaving no estate in this Colony ; that tlic ijetitioner having ])leaded the matter of said agree- ment in liar of said action at law on said note and thereon obtained judgment in liis favour before the county court in the county of Litchfield, said judgment of said county court has been reversed and set aside by the superior court held at Litchfield in said Litchfield county, and the petitioner been [206] II compelled to pay a large sum for damages and cost; praying that said note be made void, and the monies by him paid and so taken from him be restored &c., as per said [letition on file : Resolved by this Assembly, that the said note be and the same is hereby made null and void, and the duty thereof extinguished to all intents, constructions and purposes what- soever, and that the petitioner shall have and recover of the said Hurlburt ihe monies by him [)aid in part of said note and which have been taken from him by said judgment of said superior court, amounting in the whole to the sum of X13 3 6, money, and that execution issue accordingly. Ex. granted May SOth, 1766. Upon the petition of Benjamin Tracey and Olive his wife, Mercy Killam and Ilepzibah Killam, all of Preston in New London county, representing to this Assembly that John Kil- lam late of said Preston, deceased, the father of the said Olive, Mercy and Hepzibah, in and by his last will and testament hearing date the 9th day of February, A. D. 1753, gave and bequeathed unto his said three daughters of Ins personal es- tate in specific legacies to the amount of X145 2s. lOd. law- ful money, at apprisement as set in the inventory of the estate of said deceased, and that after the death of said deceased judgments were recovered against the executor of said de- ceased and other expences arisen, so tliat the executor of said deceased hath taken almost the whole of said legacies given to said three daughters to pay the debts due from the estate of said deceased, whereby they are deprived of their said leg- acies &c., and praying that a judicious committee may be appointed to examine into said matters and the several legacies given to the legatees of said deceased, and that said legatees may be ordered and obliged to pay each one his just pro- portion to the said three daughters of what sums or legacies they have lost and been deprived of in manner afoi'esaid, as per their petition on file : Resolved by this Assembly, that Messrs. Colo. Samuel Coit and Nathaniel Brown, Esq"", of Preston, and Capt. Richard Hide of Norwich be and they are hereliy appointed a committee to call before them, at such time and place as they shall appoint, all the legatees to whom said 478 PUBLIC iiECORDS [May, deceased gave and bequeathed any legacies or part of liis estate in and by his said last will and testament, or their legal representatives, and examine into the disposition of said estate in and by said will, and also all the matters mentioned and contained in said petition and circumstances relating thereto, and to determine aud ascertain in tiieir opinion what sum or sums any or all of said legatees or their legal representatives in justice and equity ought to contribute and pay to the peti- tioners on account of said specific legacies to them given as aforesaid, or whether anything ought to be paid by said lega- tees or any of them, and to make report of what they find together with their opinion thereon to this Assembly at their sessions in October next. Upon the petition of Nathaniel Flynt, of Windham in Wind- ham county, representing to this Assembly that the proi)rie- tors of the common and undivided land in said town of Wind- ham at their meeting on the 28th day of May, A. D. 1750, voted and agreed to sell certain lands described in said vote, which they claimed as common land in said Windham, and appointed John Fitch, Jacob Simons and Joseph Huntington, or any two of them, a committee to make sale of said lands ; that said Pitch and Symons in said capacity as committee did by their deed executed the 28th day of November, 1750, sell and convey to the petitioner about one hundred and fifty-five acres, part and parcel of said lands, and therein covenanted that the petitioner, his heirs and assigns, by force of said deed should forever have, hold and enjoy said lands in said deed described, free and clear of all incumbrances whatsoever ; that the petitioner afterwards sold and conveyed unto John Badlake about one hundred and three acres, part and parcel of said lands in his deed contained ; that said proprietors afterwards did approve and justifie what said committee had done ; that said Badlake has since been evicted of said lands by him purchased, and that the proprietors and their said com- mittee at the time of said vote and their deed past as afore- said had no right or title in or unto said land - ony on the second Thursday of October, and continued by several adjournments until the thirty-first day op the same month, annoque Domini 1766. Present : The Honorable William Pitkin, Esq'', Governor. The Honorable Jonathan Trumbull, Esq"", Deputy G-overnor. Hezekiah Huntington, Esq'', William Pitkin jun'', Esq'",^ Mathew Griswold, Esq'', Roger Sherman, Esq"", Shubael Conant, Esq'', Robert Walker, Esq'', 1 ^ssz's^ Elisha Sheldon, Esq', Abraham Davenport, Esq"", f ants. Eliphalet Dyer, Esq*^, Wm. Samuel Johnson, Esq"", Jabez Huntington, Esq"^, Joseph Spencer, Esq"^, Representatives or Dep)uties of the Freemen of the several Towns as follow, viz : Mr. John Ledyard, Colo. John Pitkin, for Hartford. Mr. Alexander Wolcott, Mr. Mathew Rockwell, for Windsor. Colo. John Chester, Capt. Elisha Williams, for Weathersfield. Colo. Jabez Hamlin, Mr. Seth Wetmore, for Midletown. Mr. Solomon Whitman, Capt. John Strong, for Farmington. Mr. John Owen, Mr. Oliver Humphrey, for Symsbury. Capt. Peter Bulkley, Mr. Daniel Foot, for Colchester. Capt. John Phelps, Capt. Samuel Gilbert, for Hebron. Mr. Jonathan Welles, Mr. John Kimberly, for Glastonbury. Mr. David Strong, Capt. Thomas Pitkin, for Bolton. Mr. Daniel Alden jun'", for Stafford. Zebulon West, Esqf, Capt. Samuel Chapman, for Tolland. Mr. William King, for Suffield. Mr. Edward Collins, Mr. Nathaniel Terry jun^ for Endfield. Mr. Emery Pease, Mr. Rueben Sikes, for Somers. Mr. Moses Holmes, Capt. Timothy Pearl, for Wellington. Capt. Thomas Selden, for Haddam. Mr. Daniel Brainerd, for East Haddam. Mr. Daniel Lyman, Mr. Samuel Bishop, for Newhaven. Capt. John Fowler, Mr. Robert Treat, for Milford. Mr. Nathaniel Hill, Mr. Nathaniel Ruggles, for Guilford. Mr. James Barker, Mr. Samuel Russell, for Branford. Colo. Benjamin Hall, Capt. Macock Ward, for Wallingford. Mr. Daniel Holbrook, Capt. Abel Gun, for Derby. [216] Mr. Jonathan Baldwin, Mr. Samuel Lewis, for Water- bury. 494 PUBLIC RECORDS [October, Capt. James Wadsworth, Colo. Elihu Chauncey, for Durham. Mr. Richard Law, Mr. William Hilhouse, for New London. Mr. Isaac Tracey, Mr. Joseph Tracey, for Norwich. Capt. Hez'i Whittelsey, Mr. Joseph Tulley, for Saylirook. Colo. Henry Babcock, Mr. Charles Plielps, for Stonington. Mr. Joseph Wilcox, Mr. Benjamin Gale, for Killing worth. Capt. Joseph Mather, Capt. Elisha Marvin, for Lyme. Capt. Moses Fish, Capt. Benadam Gallop, for Groton. Mr. Simon Brewster, Ca{)t. John Tyler, for Preston. Capt. David Burr, Ebenezer Silliman, Esq"", for Fairfield. Capt. Robert Fairchild, Capt. Ichabod Lewis, for Stratford. Mr. Thomas Fitch jun"", Mr. Joseph Piatt, for Norwalk. Capt. Cliarles Webb, Colo. Jonathan Hoit, for Stamford. Capt. Jabez Sherwood, Capt. Messenger Palmer, for Green- wich. Mr. Thos. Benedict, Capt. Daniel Ta3dor, for Danbury. Capt. Henry Glover, Mr. Oliver Tousey, for Newtown. Mr. William Lee, Mr. Nathan Olmstead, for Ridgefield. Capt. Dan Towner, Mr. James Potter, for New Fairfield. Majr Jedidiah Elderkin, Mr. Hez^ Manning, for Windham. Maj"" William Williams, Capt. Joshua West, for Lebanon. Mr. Elisha Payne, ^lay Ezekiel Pierce, for Plainfield. Capt. Jabez Fitch, Mr. Stephen Frost, for Canterbury. Mr. Samuel Stutson, Capt. Samuel Gurley, for Mansfield. Mr. Phineas Strong, Capt. Ebenezer Kingsbury, for Coventry. Mr. Jonathan Dresser, Colo. Israel Pntnam. for Pomfret. Mr. Bryant Brown, Capt. Silas Hutchins, for Killingly. Capt. Benja. Sumner, Capt. Jedidiah Fay, for Ashford. Capt. Robert Dixon, Mr. John Smith, for Voluntown. Capt. Nehemiah Lyon, for Woodstock. Colo. Ebenezer Marsh, Capt. John Marsh, for Litchfield. Mr. Daniel Sherman, Capt. Increase Moseley, for Woodbury. Mr. Bushnel Bostwick, Capt. Samuel Canfield, for New Mil- ford. Capt. Abijah Catlin, Mr. George Catlin, for Harwinton. Capt. Mathew Gillet, Mr. Israel Loomiss, for New Hartford. Capt. Charles Burrel, Mr. Samuel Forbes, for Canaan. Capt. Thomas Chittendon, Mr. Joshua Porter, for Salisbury. Mr. Cyrus Marsh, Mr. Eliphalet Comestock, for Kent. Capt. John Williams, Mr. Jeremiah Day, for Sharon. Mr. Heman Swift, Mr. Thomas Russel, for Cornwal. Capt. Moses Lyman, Capt. Samuel Nash, for Goshen. Mr. John Cook, for Torrington. Zebulon West, Esq"", Speaker ) of the House of Maj"" William Williams, Clerk, ) Representatives. 1766.] OP CONNECTICUT. 495 [217] An Act for publishing- the Oaths of Alleg-iance and Supremacy, Declaration against Popery, and Oath of Abiuration, as the same are to be administered agreeable to Act of Parliament. Be it enacted by the Governor^ Council and Jic^jresentatives, in General Court assembled, and by the authority of the same, That the oaths provided by act of Parliament instead of the oaths of allegiance and supremacy, the Declaration against Popery, and also the Oath of Abjuration, agreealile to the form prescribed by a late act of Parliament, passed in the sixth year of his present Majesty's reign, be printed with the acts of this Assembly ; which are as follow, viz : I, A. B. do sincerely promise and swear, that I will be faithful and bear true allegiance to his Majesty King Geoi'ge the third: So help me God. I, A. B. do swear that I do from my heart abhor, detest and abjure, as impious and heretical, that damnable doctrine and position, that princes excommunicated or deprived by the Pope, or any authority of the See of Rome, may be deposed or murthered by their subjects, or any other whatsoever. And I do declare, that no foreign prince, person, prelate, state or potentate, hath or ought to have any jurisdiction, power, sujjeriority, preeminence or authority, ecclesiastical or spirit- ual within the Realm of Great Britain: So help me God. 1, A. B. do solemnly and sincerely in the presence of God profess, testifie and declare, that I do believe that in the sacra- ment of the Lord's Supper there is not any transubstantiation of the elements of bread and wine into the body and blood of Christ, at or after the consecration thereof by any person whatsoever ; and that the invocation or adoration of the Virgin Mary or any other saint, and the sacrifice of the mass, as they are now used in the Church of Rome, are supersti- tious and idolatrous. And 1 do solemnly, in the presence of God, profess, testifie and declare, that I do make this declar- ation and every part thereof in the plain and ordinary sense of the words read unto me, as they are commonly understood , by English Protestants, without any evasion, equivocation, or mental reservation whatsoever, and without any dispensation already granted me for this purpose by the Pope or any autliority or person whatsoever, and without any hope of any such dispensation from any authority or person whatsoever, or without thinking that 1 am or can be acquitted before God or man, or absolved of this declaration or any part thereof, although the Pope or any other person or persons or power whatsoever should dispence with or annul the same, or declare that it was null and void from the beginning. I, A. B. do truly and sincerely acknowledge, profess, testifie and declare in my conscience, before God and the 496 PUBLIC EECORDS [October, world, that our Sovereign Lord King George is lawful and rightful King of this Realm and all other his Majesty's Do- minions and countries thereunto belonging. And I do sol- emnly and sincerely declare, that I do lielieve in my con- science that not any of the descendants of the person who pretended to be Prince of Wales during the life of the late King James the second, and since his decease pretended to be and took upon himself the stile and title of King of Eng- land, by the name of James the third, or of Scotland by the name of James the eighth, or the stile and title of King of Great Britain, hath any right or title whatsoever to the crown of this realm, or any other the dominions thereunto belonging. And I do renounce, refuse and abjure any allegiance or obedience to any of them. And I do swear that I will bear faith and true allegiance to his Majesty King George, and him will defend to the utmost of my power against all trait- orous conspiracies and attempts whatsoever which shall be made against his person, crown or dignity ; and I will do my utmost endeavour to disclose and make known to his Majesty and his successors all treasons and traitorous conspiracies which I shall know to be against him, or any of them. And I do faithlully promise, to the utmost of my power, to sup- port, maintain and defend, the succession of the crown against the descendants of the said James, and against all other persons whatsoever; which succession by an act in- tituled An act for the further limitation of the crown and better securing the rights and liberties of the subject, is and stands limited to the Princess Sophia, Electoress and Duchess Dowager of Hanover, and the heirs of her body being Protestants. And all these things I do plainly and sincerely acknowledge and swear according to these express words i)y me spoken, and according to the plain common sense and understanding of the same words, without any equivocation, mental evasion, or secret reservation whatso- ever. And I do make this recognition, acknowledgment, abjuration, renunciation, and promise, heartily, willingly, and truly, upon the true faith of a Christian. An Act for making- and naming a District for a Court of Probate in. tiie Southeast Part of this Colony and erecting a Court of Probate therein. [218] Be it enacted by the Governor^ Council and Repre- sentatives^ in Greneral Court assembled, and by the authority of the same, That the towns of Stonington and Groton shall be one district of or for a court of probate, and shall be called and known by the name of the district of Stonington ; and that in the same district there shall be a court of probate held by 1766.] OF CONNECTICUT. 497 one judge, to he appointed and commissioned for that pur- pose according to lavy, who shall have a clerk, by him to be appointed and sworn to that office; which court shall have and exercise the same powers, authorities and priviledges, that the other courts of probate in tliis Colony by law have and are respectively vested with. And all appeals from said court of probate shall be regulated and governed according to the order and directions of the law respecting appeals from the courts of probate in tiiis Colony. Provided never- theless, that all matters and business that hath begun, entered, or are depending in the court of probate in the dis- trict of New London shall be issued and finished in said court as though this act had not been made; anytiiing therein contained notwithstanding. An Act for the further Alteration of one certain Act of this Colony intituled An Act for appointing-, encouraging and supporting- Schools. Whereas the provision for and regulation of schools in said act provided is found to be insufficient to answer the import- ant design of educating and instructing children as was in- tended by said act: Therefore, for the further providing for the same. Be it enacted by the Governor^ Council and Representatives^ in Greneral Court assembled^ and by the authority of the same, That from and after the first day of January, one thousand seven hundred and sixty-seven, there shall be annually paid out of the treasury of this Colony to the several towns and societies in this Colony the sum of twenty shillings, lawful money, upon every thousand pounds of the list of such towns and societies, instead of ten shillings, lawful money, on a thousand pounds, provided for by an act of this Colony, inti- tuled An act for the alteration of one certain paragraph of the same act, passed in the General Assembly on the second Thursday of October, one thousand seven hundred and fifty- four, and so in proportion for any lesser sum or sums ; which monies so raised shall be paid by the Treasurer of this Colony, annually as aforesaid, to the several school-committees of the several towns and societies, and by them to be paid out for the use and benefit of the schools therein, as is hereafter pro- vided. And be it further enacted by the authority aforesaid, That each town and society shall have full power and authority to divide themselves into proper and necessary districts for keep- ing their schools, and to alter and regulate the same from time to time as they shall have occasion ; which districts so made shall draw their equal proportion of said monies, as well as all other public monies for the support of schools be- 63 498 . PUBLIC RECORDS [October, longing to such respective towns or societies, according to the lists of each respective district therein. Provided nevertheless ^T\\i\i nothing in this act shall extend to alter, controul or supersede anything contained in the pro- viso of the ast paragraph of said act for appointing, encourag- ing and supporting schools, above referred to. An Act in Addition to a La-w of this Colony intituled An Act for con- stituting Judges and Justices of the Peace in this Colony, and for impow^ering and directing them in their respective Offices. Whereas it may often liappen, that when complaints are made to any justices of the peace within this Colony for the breach of penal laws and statutes, and the person or persons so complained of may belong or escape to some other county than where such justice dwells, whereby the execution of such laws and the good designs thereof may often be frustrated, by reason that such justice hath not power and authority to issue and sign any writ or process for the apprehending such per- son or persons so complained of, as aforesaid : Which incon- veniences to remedy, Be it enacted by the Governor^ Council and Representatives, in General Court assembled^ and by the authority of the same, [219] II That for the future, whenever any complaint shall be legally made to any justice of the peace within this Colony,; in any criminal matter on which the person or persons so- complained of ought to be brought before such justice for tryal or examination, that such writ or process, as well as all summons for witnesses to appear in said cause, signed by such justice to whom such complaint may be made, shall be of as full force and authority in any and every county within this Colony as if the same had been signed by an Assistant ; any law, usage or custom to the contrary notwithstanding. An Act in Alteration of the second Paragraph of the Statute Law of this Colony intituled An Act for preventing, punishing and re- moving Nuisances in Creeks, Rivers and other Water-Courses. Where in said paragraph it stands enacted, if any person or persons whatsoever shall by wears, hedges, seines, or any other incumbrances or way or means whatsoever, without lycence from the county court of that county wherein the said wear, hedge or other obstruction is set and made, dis turb, hinder or anyways obstruct the natural, common or usual course or passage of the fish in the spring, or proper season of the year, up or in any of the aforesaid rivers, ,j streams, cove, or creeks, the same shall be deemed a com^ mon nuisance pointed by the creditors choosing one, the debtor another, and in case the parties cannot agree on the third man, or either of the parties neglecting to choose, tlien and in that case the officer shall apply to the next Assistant or justice of the peace who bylaw may judge between the parties in civil cases, which authority shall nominate and appoint one or more ap- prizers, as the case may require ; which apprizers shall be sworn according to law. A7id be it further enacted by the authority aforesaid, That it shall be the duty of the officer that levies such execution on lands, to cause such execution with his endorsements thereon to be entered of record on the town-clerk's records of such town where the lands lye, before he returns the same into the office to which it is returnable by law. And the of- ficer shall have two shillings for causing the same to be re- corded, with his additional fees for his travel ; any law, usage or custom to the contrary notwithstanding. An Act for the Regulating of Deputy Sheriffs and limiting their Number in the several Counties in this Colony. Be it enacted by the Governor, Council and Rejjresentatives, in General Court assembled, and by the authority of the same, That the sheriif of the county of Hartford for the future shall not nominate or appoint more than ten deputies or under- sheriffs within or for said county, to act under him at the 500 PUBLIC RECORDS [October, same time. And that the sheriff of the county of Newhaven shall not nominate or appoint more than six deputy or under- sheriff's within and for said county, to act under him at the [220] same time. || And that the sheriff of the county of New London shall not nominate or appoint more than five deputy or nnder-sheriffs within and for said county, to act under him at tiie same time. And that the sheriff of the county of Fairfield shall not nominate or appoint more than four deputy or under-sheriffs within and for said county, to act under him at the same time. And that the sheriff' of the xiounty of Windham shall not nominate or appoint more than four deputy or under-sheriffs within and for said county, to act under him at the same time. And that the sheriff of the county of Litchfield shall not nominate or appoint more than four deputy or under-sheriffs within and for said county, to act under him at the same time. Provided nevertheless^ That the sheriffs of the respective counties in this Colony shall have liberty on special occasions to depute any meet person to serve and execute any particular writ or process, which deputation shall appear entered on the back of such writ or process ; anything in this act to the con- trary notwithstanding. And it is further enacted hy the authority aforesaid, That all writs and processes that shall be served or executed by any deputy or under-sheriff not qualified as aforesaid shall be void and abate. Provided' also, That this act shall not extend to prohibit the sheriffs in their respective counties of deputing each other to serve as deimtics in their respective counties, nor to hinder or restrain the now deputy-slieriffs from legally acting in their offices until the sitting of the county court in the county where they are appointed ; any law, usage or custom to the contrary notwithstanding. An Act for the Preservation of Oysters and. Clams and. regulating the Fishery thereof Be it enacted by the Governor, Council and Representatives, in General Court assembled, and by the anthority of the same. That the towns of Newhaven, Fairfield, and all and every town in this Colony bordering on the sea, sound or river, having oysters or clams growing and lying in any river, har- bour, cove, creek, or flats, within the bounds of such towns respectively, or adjoining or appertaining thereto, shall have power, and power and authority is hereby granted to such towns respectively, in their town-meetings to make rules and ordinances respecting the preserving such oysters and clams and catching and taking the same, and to lay such lestrictions and prohibitions against taking such oysters and 1766.] OF CONNECTICUT. 501 clams ill improper seasons, and to impose such penalties as shall be thought j)roper by such towns for the l)reach of such ordinances and rules : provided no such penalty shall exceed the sum of five pounds, money. This Assembly do appoint Eliphalet Dyer, Esq"", a Special Agent for this Colony, to repair as soon as conveniently may be to Great Bi-itaiii, there to assist Mr. Agent Jackson in preparing, soliciting and managing for and in behalf of said Colony the case of the Mohegan Indians, lying by appeal of Mason in behalf of said Indians, before the King's Most Excellent Majesty in Council. This Assembly do appoint William Samuel Johnson, Esq"", a Special Agent for this Colony, to repair to Great Britain with all convenient expedition, there to assist Mr. Agent Jackson in preparing, soliciting and managing for and in behalf of said Colony tlie case of the Mohegan Indians, lying by appeal of Mason in behalf of said Indians, before the King's Most Excellent Majesty in Council.* Resolved by this Assemhly, That his Honour the Governor be and he is hereby desired, to make and execute to William Samuel Johnson, Esq"", a proper commission to appear as Agent and Attorney to the Governor and Company of this Colony, in their name and behalf to appear and them repre- sent before the King's Most Excellent Majesty, or any of his courts, ministers of state, or boards of audience in Great Britain, and there to manage ah Killam, minors, pay the petitioners out of the estate given to their father the said Jepthath, deceased, said sum of £48 Os. Ot^. and also £2 17s. Id. their part and proportion of the cost of this process. And it is also further resolved by this Assembly, that William Witter, Esq"", of Preston, be authorized, and he is hereby substituted and fully authorized, to make sale of so much of said real estate in and by said last will and testament given to the said Jepthath, deceased, as shall be sufficient to pay and satisfie said sum of £48 Os. Od. and cost to be paid by said minors, together with incident charges arising on such sale; taking directions of the court of probate for the district of Norwich therein. Decern. 10th, 176b, three executions in favour of the peti- tiotiers pursuant to this decree. Upon the petition of Hannah Clark and Sheldon Clark, ex- ecutors of the last will and testament of William Clark late of Derby, deceased, representing a conditional agreement made in September, A.D. 1761, between Enos Ailing and Thomas Howel and the said William Clark, that he should purchase of them a quantity of salt which they had stored in said Derby, and that said bargain on or about the 25th day of December, 1761, was mutually released by said parties to each other ; that sometime in February or March, A.D. 1762, the whole of said salt was washed out of a store by a flood and lost, and that said Allyn and Howel having commenced a suit at law against said Clark demanding payment for said salt, the matter was submitted to the arbitrament of arbitra- tors, who awarded that said Clark should pay half the value of said salt, who thereupon gave his note therefor, upon which note judgment liath been recovered against said administra- tors, and that sufficient evidence had been found by the said Hannah and Sheldon Clark to prove the release of said bar- gain ; as per petition on file: whereupon the Hon''''= Roger Sherman, Esq^, Messrs. Samuel Bishop jun^ and Daniel Ben- net, were by this Assembly at their sessions in October last appointed, and in their sessions in May last re-appointed, a 1766.] OP CONNECTICUT. 611 committee with full power to enquire into all the matters complained of in said petition and report make ; which com- mittee having enquired into said matters have reported to this present Assembly, that having taken into consideration said case with the evidences produced therein, they are of opinion that the evidence is sufficient to prove that said agreement was released by the parties, and the said Ailing and Howel ought not to recover anything of the said Hannah and Shel- don Clark by virtue of said judgment; the said report being by this Assembly accepted : Therefore, resolved by this As- sembly, that the note on which the said judgment was re- covered by said Ailing and Howel against the said Hannali Clark and Sheldon Clark be and the same is hereby declared to be null and void, and said judgment on said note be re- versed and set aside, and the same is hereby reversed and set aside, and all the doings thereon are herelty made void. Upon the petition of the selectmen of Woodberry in Litch- field county, representing that John Smith, late of Derby in Newhaven county now of said Woodlierry, is now with his estate in their care, and is chargeable to said Woodberry ; that said Smith in March, 1750, made and executed a note of hand for three hundred pounds, bills of credit, to Moses Haw- kins late of said Derby, deceased, being one of the committee of the proprietors of Quakers Farm purchase, with a condition that said Smith should remove his fence which was on the highway on the west side of that land that he bought of the [227] heirs of Colo. Johnson, and place his fence in his just || line ; that soon after the giving said note said Smith with his estate were taken into the care of the selectmen of Derby afore- said, (said Smith then being an inhabitant of said Derby ;) that Abraham Hawkins and Eli Hawkins, executors of the last will of said deceased Moses, at the instigation and for the ben- efit of the proprietors of said purchase, brought their action against said Smith to the county court held at said Newhaven in November, 1761, on said note, and the said selectmen of said Derby, being at the time of said suit interested in the said pro- priety of Quakers Farm, refused to admit any defence by the said Smith against said note,although said Smith might well have been defended in said action, as he had not injured said pro- prietors or encroached on their bounds, whereupon judgment was by said county court rendered in said action against said Smith for the sum of X30 Os. Ot^. lawful money, debt, and £1 2s. 4:d. cost, and that said selectmen of Derby having in their hands no personal estate of the said Smith wherewith to satis- fie said execution applied to the General Assembly at their ses- 512 PUBLIC RECORDS [Octobcr, sions at Hartford in May, 1762, for liberty, and obtained the same, to sell so much of the real estate of tlie said Smith as would amount to £26 12s. Od. with the incident charges, and in pursuance of said Ijcence the said selectmen did actually sell so much of the real estate of the said Smith as did amount to the sum of £40 Os. Of?, lawful money, to John Smith jun"" of said Dcrl>y, and executed a deed accordingly ; as by the petition on file may at large appear : Resolved by this x\ssem- toly, that the said judgment of said county court so had and recovered by the said executors of tlie said Moses Hawkins, deceased, against said John Smith, and all the doings thereon, be and the same are liereby declared to be reversed, set aside and made null and void ; and liberty is hereby granted for a new tryal of the said case at the county court to be holden at Newhaven within and for the county of Newhaven on the 2d Tuesday of November, A. D. 1766. Upon the petition of Silas Deanof Weathersfield and Mehit- abel his wife, administrators in her right on the estate of Jo- seph Webb late of said Weathersfield, deceased, as also in their own behalf, against Joseph Forbes 3d and Sarah Forbes of said Weathersfield, minor children of Joseph Forbes jun'', and who appeared by their said father and guardian, shewing to this Assembly that James Treat late of said Weathersfield, deceased, in his life time being in needy circumstances was and had been supplied with the necessaries and comforts of life by the said Webb in his life time, and also since by the petitioners, to a considerable amount, and which supplies they afforded very much upon the encouragement of the selectmen of said town, and as expecting to be able to receive their pay therefor out of certain real estate of said James, which real estate now appears to have been by the said James made over to his late son James Treat jun"^ on certain conditions, which conditions not having been performed and the said James jun"^ dying, the said deed got on record by mistake, whereby there appears an evidence of the title descending to the said minors as the heirs and next of kin to the said James jun''; praying to have the said sums due for said supplies reimbursed and paid out of said estate air. And in case the proprietors in said towns, or either of them, shall neglect to make such amendments as are of necessity as aforesaid, within one month, then such amendments shall be made by said committee. And it is further resolved, that each of the said towns of Barkhempsted, Winchester and Colebrook, shall cause said highway within tlieir limits to be put in good and sufficient repair, suitable for travelling, by the first day of May next; and if they, or either of them, shall neglect to do it by said first day of May, it shall be done by said committee as soon as it can be done after that time. And also, whenever either of said towns shall at any time hereafter neglect to keep said highway in suitable and suffi- cient repair, the said committee shall cause such amendments and repairs to be made as are necessary; and so from time to time upon such neglect in any of said towns, until they shall be incorporated with town priviledges. And that said com- 518 PUBLIC RECORDS [October, mittee shall witliin six months after they shall have been at any expence in amending and repairing said highway carry or send a copy of their accounts to the proprietors' clerli of each town in which such amendments and repairs were made, which accounts shall by said clerk be laid before the com- mittee of said proprietors, or if there be no committee before three of the principal proprietors of such town, and said clerk and committee, or the clerk and said three principal pro- prietors if there be no committee, shall and are hereby impowered to make and lay a rate or tax on the proprietors or owners of the land in such town, to raise a sufficient sum to pay off said accounts of the committee appointed by this act. And in case this committee appointed to inspect and keep said highway in repair shall not be paid for the labour and expence they are put to in repairing said highway, by the clerk and committee or the principal proprietors of the towns in which such repairs shall be made, within four months after their exhibiting their accounts as aforesaid, then it shall be lawful for them to sue such clerk and committee or principal proprietors in an action of book-debt, in which they shall recover for their labour and expence in repairing said high- way. Provided, that in case such accounts of said committee so lodged with the clerk &c. be by the respective proprietors thought extravagant, that the same be adjusted by the county court for the county of Hartford. Whereas upon the petition of Nathaniel Flynt of Windham, exhibited to this Assembly at their sessions in May last, rep- resenting that the proprietors of said Windham, by their committee by them appointed for that purpose, had bargained and sold certain lands to the petitioner with covenant of warranty &c. ; that the petitioner had sold a part of said lands to one John Badlake, who was afterwards evicted &c. ; that said proprietors or their said committee had no right or title to said lands at the time of executing their said deed, and the petitioner neither did nor could hold any of said lands by force of said deed executed to him &c. ; praying for relief &c., as per petition on file : Messrs. William Wolcott, Ebenezer Williams and Robert Dixon, Esq^^ were appointed a committte to repair to said Windham, examine into all matters contained in said petition and circumstances relating thereto, and of what they should find with their opinion to make report to this Assembly: And also, whereas said com- mittee have made their report to this Assembly at their present sessions that, pursuant to said appointment, they have repaired to said Windham, notified said parties, largely 1766.] OF CONNECTICUT. 519 lieard their evidences, pleas, allegations, (fee., examined into said matters and all circumstances relating thereto &c. ; that said connnittee by their said committee ])argaiiied and sold to the petitioner the said lands as mentioned in said petition, with covenant of warranty (fee. ; that said proprietors after- ward at their meeting voted to stand by and confirm the doings of their said committee in selling said land (fee; and upon consideration of the whole matter, that said proprietors ought in equity to pay unto the petitioner forty-two pounds, lawful money, damages, and his cost in this process against them by petition (fee, as per their report on file, which report is approved, and the same is hereby approved by this Assem- bly: And thereupon it is further resolved and enacted, that the said proprietors of the common and undivided land in said Windham pay and satisfie unto the petitioner the said sum of forty-four pounds, lawful money, damages, and his cost in this process against them, cost taxed at £18 6s. Od., and that execution go forth accordingly. Ux. granted Decern. 9th, 1766. Alias ex. granted Feb. 12th, 1767. Alias ex. granted Mag 2Sth, 1767. Whereas upon the petition of Salmon Kingsly of Wind- ham, exhibited to this Assembly at their sessions in May last, representing that the proprietors of said Windham by their committee by them appointed for that purpose had bargained and sold certain lands to one Jacob Woodward, with covenant of warranty ; that said Woodward had bargained and sold the same lands to the petitioner with covenant of warranty, and that the petitioner had been evicted of said land (fee. ; praying for relief (fee, as per petition on file : said Assembly [231] II appointed William Wolcott, Ebenezer Williams and Robert Dixon, Esq", a committee to repair to said Windham and examine into all the matters in said petition contained and circumstances relating thereto, and make report of what they should find with their opinion to this Assembly ; and also whereas said committee have, pursuant thereto, made report to this Assembly, that they have repaired to said Wind- ham and examined into all tlie matters contained in said peti- tion, with all the evidences, circumstances (fee., and that they find said proprietors by tlieir said committee sold to said Jacob Woodward about eighty acres of said land, and that said Woodward sold the same to the petitioner, who has since been evicted, and that deeds contain covenants of warranty (fee, and that said proprietors afterwards voted to stand by and confirm the df»ings of their said committee in the sale of said lands (fee. ; and that upon the whole the said proprietors on 620 PUBLIC RECORDS [October, their part in equity ought to pay unto the petitioner the sura of X47 8s. 4:d. lawful money, damages, and the cost of this process against them by petition -, for Enfield. Mr. Emery Pease, Mr. Rueben Sikes, for Sommers. Mr. Daniel Lyman, Mr. Samuel Bishop, for Newhaven. Mr. Nathaniel Hill, for Guilfoi-d. Mr. Samuel Russell, for Branford. Capt. Macock Ward, for Wallingford. Mr. Jonathan Baldwin, Mr. Samuel Lewiss, for Waterbury. Capt. James Wadsworth, Colo. Elihu Chauncey, for Durham. Mr. Richard Law, Mr. William Hilhouse, for New London. I 1767.] OP CONNECTICUT. 641 Mr. Joseph Tracey, for Norwich. Capt. Hez'i. Whittlesey, for Saybrook. Colo. Henry Babcock, Mr. Charles Phelps, for Stonington. Mr. Benjamin Gale, for Killing-worth. [243] Capt. Joseph Mather, Mr. Elisha Marvin, for Lyme. Capt. Moses Fish, Capt. Benadam Gallop, for Groton. Mr. Simon Brewster, Capt. John Tyler, for Preston. Ebenezer Silliman, Esq"^, for Fairfield. Capt. Robert Fairchild, Cai)t. Ichabod Lewis, for Stratford. Mr. Joseph Piatt, for Norwalk. Capt. Charles Webb, for Stamford. Capt. Jabez Sherwood, for Greenwich. Capt. Daniel Taylor, for Danbury. Capt. Henry Glover, Mr. Oliver Tousey, for Newtown. Mr. William Lee, Mr. Nathan Olmstead, for Ridgelield. Capt. Dan Towner, Mr. James Potter, for New Fairfield. May Jedidiah Elderkin, Mr. Hez'i Manning, for Windham. May" William Williams, Capt. Joshua West, for Lebanon. Maj"" Ezekiel Pierce, for Plainfield. Capt. Jabez Fitch, Mr. Stephen Frost, for Canterbury. Mr. Samuel Stutson, Capt. Samuel Gurley, for Mansfield. Capt. Ebenezer Kingsbury, for Coventry. Mr. Jonath. Dresser, Colo. Israel Putnam, for Pomfret. Mr. Bryant Brown, Mr. Silas Hutchins, for Killingly. Capt. Jedidiah Fay, for Ashford. Capt. Robert Dixon, for Voluntown, Capt. Nehemiah Lyon, for Woodstock. Colo. Ebenezer Marsh, Capt. John Marsh, for Litchfield. Capt. Increase Moseley, for Woodbury. Capt. Bushnel Bostwick, Capt. Samuel Can field, for New Milford. Mr. George Catlin, for Harwinton. Capt. Mathew Gillet, Mr. Israel Loomiss, for New Hartford. Capt. Charles Burrel, Mr. Samuel Forbes, for Canaan. Capt. Thomas Chittenden, Mr. Joshua Porter, for Salisbury. Mr. Cyrus Marsh, Mr. Eliphalet Comstock, for Kent. Mr. Heman Swift, Mr. Thomas Russel, for Cornwall. Capt. Samuel Nash, for Goshen. Mr. John Cook, for Torrington. Zebulon West, Esq"^, Speaker ) of the House of Maj"^ William Williams, Clerk ) Representatives. An Act relating- to Quarters for some of his Majesty's Forces in this Colony. Whereas his Excellency Thomas Gage, Commander-in- Chief of liis Majesty's forces in North America, by his letter 642 PUBLIC RECORDS [January, dated at New York the 8th of January instant,"* hath ac- quainted his Honour tlie Governor that a vessel is just arrived there with one hundred and eighty-eight recruits from Germany for his Majesty's two battalions of the Royal Amer- ican Regiment, and that the situation of those battalions renders it impracticable for these recruits to joyn them this winter: therefore signifying his request that quarters be pro- vided at Stamford, Norwalk and Fairfield, or which shall be judged best of those towns, for two officers and one hundred thirty-four of his Majesty's troops, till April next : There- fore, Be it enacted hy the Governor, Council and Representatives , in General Court assembled, and hy the authority of the same, That the said two officers and one hundred and thirty-four men be quartered and billeted in this Colony during this [244] winter season and until || April or May next, if need- ful before their march to their respective corps. And whereas such soldiers cannot be quartered here at the several rates stated and fixed for their subsistence : Therefore, Be it further enacted, That any person or persons on whom such soldiers shall be quartered shall be allowed and paid out of the treasury of this Colony so much more than is allowed by his Majesty for their subsistence as to make the same equal to five shillings, lawful money, per week, for each soldier so quartered and billeted on him or them. And whereas it hath been found by experience, that pri- vate soldiers carrying their arms when not on duty hath been the occasion of notorious breaches of the peace, to the terror and disquiet of his Majesty's good subjects : For remedy whereof. Be it further enacted hy the authority aforesaid, That his Honour the Governor be and he is hereby desired to corre- spond with his Majesty's Commander-in-Chief, or other chief officer, on that head, and give proper orders to prevent such soldiers carrying their arms at any time except when called to duty. And whereas the towns of Stamford, Norwalk and Fair- field, have been heretofore burthened with a great number of his Majesty's forces quartered and billeted on them during two winter seasons, and were encouraged that they should not be burthened therewith in future until some other towns had done service of the like nature ; and it being appre- * This letter and three others, which passed between Gov. Pitkin and Gen. Gage upon the subject, may be found in Almou's Prior Docuineiiis, 131, 132. 1767.] OF CONNECTICUT. 543 hendcd tliat the abovcmentioned twootlficcrs and one hundred and thirty-four men may be quartered in the towns of Nevv- liaven, Wallingford and Branford, without detriment to his Majesty's service and with better justice in relation to the other three towns: Therefore, his Honour tlie Governor is hereby desired to acquaint his Excellency General Gage with this needful alteration of the towns in which the said soldiers be quartered, and that this detachment of his Majesty's forces be supplied with quarters in said towns of Newhaven, Wallingford and Branford ; or if General Gage judge it detrimental to his Majesty's service to march them to those last-mentioned towns, then that they be supplied with quar- ters in the other towns of Stamford, Norwalk and Fairfield, and that his Honour the Governor give needful and specific orders to the authority of the towns, respectively, for quar- tering and billeting the same according to law. An Act relating' to Quarters for his Majesty's Forces in this Colony. Whereas it may be sometimes necessary to quarter and bil- let in this Colony recruiting ofticers, recruits, and other of his Majesty's tioops on their march, employed for the defence of his Majesty's North American dominions, Be it ^7iacted hy the Grovernor, Council mid Bepresentatives, in General Court asf« Jonathan Tmmbull, Esq"", to be Judge of the Court of Probate for the district of Windham for the year ensuing. This Asseml)ly do appoint Jabez Fitch, Esqr, to be Judge of the Court of Probate for the district of Plainfield for the year ensuing. This Assembly do appoint Ebenezer Williams, Esq'', to be Judge of the Court of Probate for the district of Pomfret for the year ensuing. This Assembly do appoint Daniel Sherman, Esq*", to be Judge of the Court of Probate for the district of Woodbury for the year ensuing. This Assembly do appoint Ebenezer Marsh, Esq"", to be Judge of the Court of Probate for the district of Litchfield for the year ensuing. This Assembly do appoint John Williams, Esq^ to be Judge of the Court of Probate for the district of Sharon for the year ensuing. This Assembly do appoint William Wolcott, Zebulon West, Seth Wetmore, and Samuel Talcott, Esq''% Justices of the Peace and Quorum in and for the county of Hartford the year ensuing. This Assembly do appoint John Chester, Jabez Hamlin, Joseph Fowler, George Wyllys, Joseph Talcott, John Ledyard, Thomas Hosmer, Jonathan Hills, John Pitkin. Elisha Wil- liams, Samuel Enno, Erastus Wolcott, Josiah Bissel, Henry Allyn, Joseph Southmaid, Nathaniel Chauncey, Mathew Tal- cott, Solomon Whitman, Hezekiah Gridley, Jared Lee, Joseph Hart, John Strong, William Wads worth, Selah Hart, John Owen, Judah Holcomb, Jonathan Pettibone, Hezekiah Humph- rey, Hezekiah Brainerd, Joseph Wells, Jonathan Hale, John Kimberly, William Welles, Samuel Kent, Daniel Cone, Daniel Brainerd, Epaphras Lord, John Watrous, Daniel Foot, Peter Bulkley, John Phelps, Samuel Gilbert, Alexander Phelps, Ephraim Terry, Joseph Olmstead, Benjamin Talcott, Thomas Pitkin, Isaac Pinney, Daniel Alden, Abner Barker, Samuel Reynolds, Isaac Lee, Alexander King, Esq''^ to be Justices of the Peace in and for the county of Hartford the year ensuing. This Assembly appoints Capt. David Sage, Mr. Nathaniel Freeman, and Capt. Henry Champion to be Justices of the Peace in and for the county of Hartford the year ensuing. 1767.] OF CONNECTICUT. 551 This Assembly do appoint Jolin Hubljard, Elihu Chaunccy, Thomas Darling, and Nathaniel Hill, Esq^^, to be Justices of the Peace and Quorum in and for the county of New Haven the year ensuing. This Assembly do appoint Roger Newton, Benjamin Hall, Samuel Sherman, John Whiting, Samuel Sacket, Daniel Lyman, Samuel Hemingway, Robert Treat. Nathan Baldwin, John Fowler, Timothy Russell, Daniel Holbrook, Charles French, Thomas Mathews, Joseph Plopkins, Caleb Ilumiston, Timothy Judd, Stephen Upson jun., John Hall, Elihu Hall, Caleb Merriman, Benjamin Hall 4th, Aaron Lyman, James Wadsworth jun., Theophilus Rossiter, Samuel Robinson, Nathaniel Ruggles, Josiali Meiggs, Jonathan Russel, Josiah Rogers, Samuel Barker, William Hoadly, James Barker, Jared Ingersoll, Samuel Bishop jun., John Davis, Timothy Todd, and Samuel Chittenden, Esqf% to be Justices of the Peace in and for the county of New Haven for the year ensuing. This Assembly do appoint Christopher Avery, Richard Lord, Pygan Adams and Ebenezer Backus, Esq''^ to be Justices of the Peace and Quorum for the county of New London the year ensuing. [251] This Asseml)ly do appoint Benjamin Gale, Elnathan Stephens, Joseph Wilcox, Aaron Eliot, John Pierson, Na- thaniel Clark, John Tulley, Hezekiah Whittelsey, John Mur- dock, Samuel Ely, John Lay 2d, Benjamin Lee, George Dorr, Samuel Selden, Daniel Coit, William Hilhouse, Richard Law, Jeremiah Miller, Luke Perkins, William Williams, Ebenezer Avery, Nathan Smith, Joseph Denison, Samuel Prentice, Amos Cheesbrough, John Williams, Charles Phelps, Samuel Morgan, Samuel Coit, William Wittar, Humphrey Avery, Elisha Fitch, William Whiting, Ebenezer Hartshorn, Jacob Perkins, Simon Tracey jun., Samuel Huntington, Benjamin Huntington, John Shipman, Justus Buck, and Paul Wheeler, Esqrs, to be Justices of the Peace in and for the county of New London for the year ensuing. This Assembly do api)oint Al)raham Davenport, Esq"", one of the Quorum of the County Court in and for the county of Fairfield for the year ensuing. This Assembly do appoint John Read, Samuel Adams, and Robert Fairchild, Esq^^ to be Justices of the Peace and Quorum in and for the county of Fairfield for the year ensuing. This Assembly do appoint Ebenezer Silliman, David Rowland, Agur Tomlinson, Ichabod Lewiss, Daniel Fairchild, 552 PUBLIC KECORDS [May, James Walker, William Burr, Thomas Hill, Lothrop Lewiss, David Burr, Samuel Sherwood, Samuel Bradley juu., Samuel Fitch, Thomas Fitch jun., Joseph Piatt, EUas Betts, Theophi- liis Fitch, Jonathau I3oit, Jonathan Maltbie, Charles Webb, Peter Mead, Messenger Palmer, Samuel Olmstead, Samuel Smith, Thomas Benedict, Joseph Piatt Cook, Samuel Taylor, Epiiraim Hubbel, Thomas Brush, Caleb Baldwin, Richard Fairman, Edward Brush, and David Knap, Esq^s, to be Justices of the Peace in and for the county of Fairfield for the year ensuing. This Assembly do appoint Ebenezer Marsli, Increase Mosely, Daniel Sherman, and Bushncl Bostwick, Esqi's, to be Justices of the Peace and Quorum in and for the county of Litchfield the year ensuing. This Assembly do appoint John Williams, Timothy Collins, Jacob Woodruff, Isaac Baldwin, Daniel Everit, Benjamin Hinman, Tilley Blackley, Gideon Walker, Paul Welch, Sam- uel Bostwick, Samuel Canfield, John Ransom, Daniel Lee, Nathan Eliot, Cyrus Marsh, Daniel Griswold, John Hutchin- son, Joshua Porter, David Whitney, John Beebe, Charles Burrel, John Beach, Moses Lyman, Samuel Nash, Thomas Russel, Abijah Catlin, Isaac Kellogg, Mathew Gillet, John Cook, Epaphras Sheldon, Michael Humphrey, and Heman Swift, Esq^s to be Justices of the Peace in and for the county of Litchfield the year ensuing. This Assembly do appoint James Landon, Esq"", to be a Justice of the Peace in and for the county of Litchfield the year ensuing. This Assembly do appoint Jabez Fitch, Joshua West, Jedi- diah Elderkin, and P]benezer Williams, Esqi's, to be Justices of the Peace and Quorum in and for the county of Windham for the year ensuing. This Assembly do appoint Jonathan Huntington, Nathaniel Huntington, Samuel Gray, Nathaniel Wales jun., Jacob Symons, Joseph Clark, William Metcalf, William Williams, Benjamin Wheeler, Isaac Coit, Elisha Payne, Colo. John Dyer, Samuel Huntington (of Canterbury), John Curtiss, Joseph Storrs, Joseph Strong, Phineas Strong, William Osgood, Thomas Williams, John Grosvenor, Samuel Danielson, Jacob Dresser, Elijah Whiton, Thomas Moffat, Benjamin Sumner, Robert Dixon, John Smith, Jeremiah Kinney, Samuel Chandler, Na- thaniel Child, Ebenezer Smith jun., Ebenezer Wales, and. Abner Sessions, Bryant Brown, and Hezekiah Manning, Esq'^, to be Justices of the Peace in and for the county of Wind- ham for the year ensuing. 1767.] OF CONNECTICUT. 553 This Assembly do appoint Mr. Benajali Bill to be a Justice of the Peace in and for the county of Windham for the year ensuing. This Assembly [do establish] Mr. James How to be En- sign of the company or trainband in the parish of Midlesex in the 9th regiment in this Colony. [252] This Assembly do establish Mr. Stephen Keyes to be Captain of the third company or trainband in the eleventh regiment in this Colony. This Assembly do establish Mr. Josiah Sabin to be Lieu- tenant of the third company or trainband in the eleventh regiment in this Colony. This Assembly do establish Mr. Leicester Grosvenor to be Ensign of the third company or trainband in the eleventh regiment in this Colony. This Assembly do establish Mr. Daniel Williams to be Lieutenant of the fourth company or trainband in the town of Groton. This Assembly do establish Mr. John Morgan jun. to be Ensign of the fourth company or trainband in the town of Groton. This Assembly do establish Mr. Nathaniel Cornwell to be Lieutenant of the 11th company or trainband in the sixth regiment in this Colony. This Assembly do establish Mr. Cornelius Cornwell to be Ensign of the lltli company or trainband in the sixth regi- ment in this Colony. This Assembly do establish Mr. John Dixon to be Captain of the eleventh company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. John Dixon jun. to be Lieutenant of the 11th company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Robert Parke to be Ensign of the eleventh company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Amos Richardson to be Captain of the 9th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. William Wilson to be Lieutenant of the 9th company or trainband in the 5th regi- ment in this Colony. This Assembly do establish Mr. Thomas Fish to be Cap- tain of the 3d company or trainband in Groton in the 8th regiment in this Colony. 70 554: PUBLIC RKCORDS [May, This Assembly do cstablisli Mr. Jonathan Fish to be Lieu- tenant of the 3d com{)any or trainband in Groton in the 8th regiment in this Colony. This Assembly do establish Mr. Joseph Packer to be En- sign of the third company or trainband in Groton in the 8th regiment in this Colony. This Assembly do establish Mr. John Hall jun. to be Cap- tain of the first company or trainband in New Cheshire parish in the town of Wallingford. This Assembly do establish Mr. Reuben Atwater to l^e Lieutenant of the 1st company or trainband in New Cheshire parish in the town of Wallingford. This Assembly do establish Mr. John Benham to be Ensign of the first company or trainband in New Cheshire in the town of Wallingford. This Assembly do establish Mr. Lemuel Morehouse jun. to be Ensign of the second company or trainband in the town of Ridgefield. This Assembly do establish Mr. Aaron Whetmore to be Ensign of the fourth company or trainband in the 11th regi- ment in this Colony. This Assembly do establish Mr. Joseph Forward to be Ensign of the 3d company or trainband in the town of Symsbury. This Assembly do establish Mr. Daniel Olmstead to be En- sign of the 1st company or trainband in the town of Ridge- field. This Assembly do establish Mr. Daniel Picket to be Lieu- tenant of the second company or trainband in the town of New Milford. This Assembly do establish Mr. Robert Hawkins to be En- sign of the second company or trainband in the town of New Milford. [253] This Assembly do establish Mr. Abraham Fuller to [be] Ensign of the first company or trainband in the town of Kent. This Assembly do establish Mr. William Holt to be Cap- tain of the sixth company or trainband in the fifth regiment in this Colony. This Assembly do establish Mr. Abiel Abbot to be Lieu- tenant of the 6th company or trainband in tlie 5th regiment in this Colony. This Assembly do establish Mr. James Steadman to be Ensign of the 6th company or trainband in the 5th regiment in this Colony. 17G7.] OP CONNECTICUT. 555 This Assembly do estaljlish Mr. Israel Hewit, jnn. to he Captain of the 2d company or trainband in the 8th regiment in this Colony. This Assembly do establish Mr. John Swan jun. to be Lieutenant of the second company or trainband in the 8th regiment in tliis Colony. This Assembly do establish Mr. David Landon to be Lieu- tenant of the first company or trainband in the town of Litchfield. This Assembly do establish Mr. Nathaniel Woodruff to be Ensign of the first company or trainband in the town of Litchfield. This Assembly do establish Mr. Elisha Child to be Captain of the seventeenth company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Benjamin Lyon 2d to be Lieutenant of the 17th company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Stephen Lyon to be Ensign of the 17th company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Abijah Learned to be Cap- tain of the 11th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Elisha Williams to be •Lieutenant of the 11th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Solomon Wales to l^e Ensign of the eleventh company or trainband in the 5th regi- ment in this Colony. This Assembly do establish Mr. Noah Skinner to be Lieu- tenant of the 13th company or trainband in the 12th regi- ment in this Colony. This Assembly do establish Mr. Timothy Dutton to be Ensign of the 13th company or trainband in the 12th regi- ment in this Colony. This Assembly do establish Mr. Hezekiah Sturgis to be Lieutenant of the 2d company or trainband in the town of Fairfield. This Assembly do establish Mr. John Whitear to be En- sign of the second company or trainband in the town of Fairfield. This Assembly do establish Mr. David Miller to be Captain of the 14th company or trainband in the 6th regiment in this Colony. 656 PUBLIC RECORDS [May, This Assembly do establish Mr. William Ward to be Lieu- tenant of the 14th company or trainband in the 6th regiment in tliis Colony. This Assembly do establish Mr. Joseph Bartholomew to be Lieutenant of the second company or trainband in the town of Wallingford. This Assembly do establish Mr. Benjamin Cook to be En- sign of the second company or trainband in the town of Wallingford. [254J This Assembly do establish Mr. William Belcher to be Captain of the 3d company or trainband in the town of Preston. This Assembly do establisli Mr. Benjamin Coit to be Lieu- tenant of the third company or trainband in the town of Pres- ton. This Assembly do establish Mr. Samuel Tyler to be En- sign of the third company or trainband in the town of Pres- ton. This Assembly do establish Mr. Christopher Reed to be Lieu- tenant of the 9th company or trainband in the town of Nor- wich. This Assembly do establish Mr. George Denniss to be Cap- tain of the 9th company or trainband in the town of Norwich. This Assembly do establish Mr. Ebenezer Fitch to [be] En- sign of the 9th company or trainband in the town of Norwich. This Assembly do establish Mr. Samuel Shipman to be Cap- tain of the first company or trainband in the seventh regiment in this Colony. This Assembly do establish Mr. John Cockran to be Lieuten- ant of the first company or trainband in the seventh regiment in this Colony. This Assembly do establish Mr. Christopher Lord to be En- sign of the first company or trainband in the 7th regiment in this Colony. This Assembly do establish Mr. John Symons jun. to be En- sign of the first company or trainband in the town of Enfield. This Assembly do establish Mr. Charles Sperry to be Cap- tain of the first company or trainband in the town of Walling- ford. This Assembly do establish Mr. Moses Rice to be Lieuten- ant of the first company or trainband in the town of Walling- ford. This Assembly do establish Mr. Lothrop Tyler to be En- sign of the first company or trainband in the town of Walling- ford. 1767.] OF CONNECTICUT. 557 This Assembly do establish Mr. Abraham Gold to be Cap- tain of the first company or trainband in the town of Fairfield. This Assembly do establish Mr. Elijah Abel to be Lientcu- ant of the first company or trainband in the town of Fairfield. This Assembly do establish Mr. Timothy Clark to be Captain of the fourth company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Samuel Fuller to be Lieu- tenant of the 4th company or trainband in the 12th regiment in this Colony. This xVsserably do establish Mr. Daniel Dewey to be Ensign of the 4th company or trainband in the 12th regiment in this Colony. This Assembly do establish Mr. Nathan Rossiter to be En- sign of the 5th company or trainband in the 7th regiment in this Colony. This Assembly do establish Mr. Gideon Hurlburt to be Lieutenant of the company or trainband at the west parish in the town of Fairfield. This Assembly do establish Mr. John Andrews to be Ensign of the company or trainband at the west parish in the town of Fairfield. This Assembly do establish Mr. Amos Northrop to be Ensign of the company or trainband in the parish of Newberry. [255] This Assembly do establish Mr. Thaddeus Benedict to be Ensign of the first company or trainband in the town of Danbury. This Assembly do establish Mr. Sherman Boardman to be Captain of the first company or trainband in the town of New Milford. This Assembly do establish Mr. Joseph Hartwell to be Lieu- tenant of the first company or trainband in the town of New Milford. This Assembly do establish Mr. Epenetus Piatt to be En- sign of the first company or trainband in the town of New Mil- ford. This Assembly do establish Mr. Stephen Mead to be Captain of the company or trainband in the west division of Reading parish. This Assembly do establish Mr. Zalmon Read to be Lieu- tenant of the company or trainband in the west division of Reading parish. This Assembly do establish Mr. Isaac Lee jun. to be Cap- tain of the 13th company or trainband in the sixth regiment in this Colony. 558 PUBLIC RECORDS [May, This Assembly do establish Mr. John Judd to be Lieutenant of the thirteenth company or trainband in the sixth regiment in this Colony. This Assembly do establish Mr. Lodowick Hotchkiss to lie Ensign of the thirteenth company or trainband in the 6th reg- iment tliis Colony. This Assembly do establish Mr. Nathaniel Haydon to be En- sign of the 2d company or trainband in the town of Windsor. This Assembly do establish Mr. Jonathan Baldwin to be Captain of the first company or trainband in the town of Water- bury. This Assembly do establish Mr. Andrew Brownson to be Lieu- tenant of the first company or trainband in the town of Water- bury. This Assembly do establish Mr. Samuel Porter to be Ensign of the first company or trainband in the town of Waterbury. This Assembly do establish Mr, Samuel Hart to be Captain of the fifteenth company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Roger Riley to be Lieuten- ant of the 15th company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Elisha Savage to be Ensign of the fifteenth company or trainband in the 6th regiment in this Colony. This Assembly do establish Mr. Jedidiah Blanchard to be Captain of the 15th company or trainband in the 5th regi- ment in this Colony. This Assembly do establish and confirm Mr. John Warren to be Lieutenant of the 15th company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Simeon Smith to be Ensign of the fifteenth company or trainband in the 5th regiment in this Colony. This Assembly do establish Mr. Benjamin Isaacs to be Cap- tain of the 2d company or trainband in the first society in the town of Norwalk. This Assembly do establish Mr. Ezra Hoitto be Lieutenant of the 2d company or trainband in the first society in the town of Norwalk. This Assembly do establish Mr. Seth Seymour to be Ensign of the second company or trainband in the 1st society in the town of Norwalk. This Assembly do establish Mr. Ebenezer White to be En- sign of the 8th company or trainband in the 6th regiment in this Colony. 1767.] OF CONNECTICUT. 559 [2o6] This Assembly do establish Mr. Henry Sommcrs to 1)6 Ensign of the company or trainband partof NorMi Fairfield and partly of North Stratford in the 4tli regiment in this Col- ony. This Assembly do establish Mr. NehemiahBrowntobe Lieu- tenant of the westermost company or trainband in the town of Greenwich. This Assembly do establish Mr. Joseph Galpin to Ijc En- sign of the westermost company or trainband in the town of Qjeenwich. This Asseml)]y do establish Mr. Simeon Fuller to be Lieu- tenant of the second company or trainband in the town of Kent. This Assembly do estabUsh Mr. Joseph Carter to be Ensign of the 2d company or trainband in the town of Kent. This Assembly do establish Mr. Nathan Burwell to be Cap- tain of the 3d company or trainband in the town of Norwallv. This Assembly do establish Mr. Samuel Taylor to be Lieu- tenant of the third company or trainband in the town of Nor- walk. This Assemldy do establish Mr. Ozias Marvin to be Ensign of tlie third company or trainband in the town of Norwalk. This Assembly do establish Mr. Elkanah Cobb to be Lieu- tenant of tlie 2d company or trainband in the 11th regiment in this Colony. This Assembly do establish Mr. Obadiali Johnson to be En- sign of the 2d company or trainband in the 11th regiment in .this Colony. This Assembly do establish Mr. Stephen Betts to be Cornet of the troop of horse in the 9th regiment in tliis Colony. This Assembly do establish Mr. Samuel Belden to be Quar- ter-Master of the troop of horse in the 9th regiment in this Colony. This Assembly do establish Mr. Ebenezer Chittenden to be Lieutenant of the 6th company or trainband in the 7th regi- ment in this Colony. This Assembly do establish Mr. William Worthington to be Lieutenant of tlie 10th company or trainband in the 7th regi- ment in this Colony. This Assembly do establish Mr. Henry Williams to be Cap- tain of the fourtii company or trainband in the town of Gro- ton. This Assembly do establish Mr. Daniel Williams to l)e Lieu- tenant of the fourth company or trainband in the town of Groton. This Assembly do establish Mr. Simon Couch to l)e Ensign 560 PUBLIC RECORDS [May, of the company or trainband in tlie east division in the parish of Reading. This Assembly do establish Mr. John Woodin to be Captain of the company or trainband formed out of the 5th and first company in the second regiment in this Colony. This Assembly do establish Mr, Stephen Ford to be Lieu- tenant of the com])any or trainband formed out of the 5th and firvst company in the 2d regiment in this Colony. This Assembly do establish Mr. John Gills to be Ensign of the company or trainband formed out of the 5th and 1st com- pany in the second regiment in this Colony. This Assembly do establish Mr. Matthew Dorr to be Captain of the 6tli company or trainband in the town of Lyme. This Assembly do appoint Samuel Moore jun., of Salisbury, to be a Surveyor of Lands for the county of Litchfield. [257] An Act for Securing and the more speedy CoUecting the Taxes, Fees, Fines and other Duties belonging to the pubhc Treasury of this Colony. Be it enacted hy the Grovernor, Council and Representatives, in General Court assembled, and hy the authority of the same, That whosoever shall neglect to pay to the collector of the Colony tax his rate or tax now due by the first day of Septem- ber next, the person so neglecting shall pay the interest on such rate or tax from that time until he lias paid and dis- charged the same ; and it shall be by the collector gathered with the principal sum due on such tax. And in case any person so neglecting shall refuse to pay such interest, every collector is hereby authorized and impowered to distrain and collect the same by force and virtue of his rate-warrant for collecting the rate or tax on which such interest may arise ; and every person so neglecting shall and may be dealt with respecting the interest that shall so become due in like man- ner as is provided on neglecting to pay the principal sum due on such rate or tax ; and every collector shall pay the interest from and after the first day of September next for such sum as shall then be due on the rate or tax by him to be collected until the same is paid into the treasury. And the Treasurer is hereby impowered to issue out execution for levying such interest, in the same manner as for levying the principal sum on such rate remaining due and payable. Be it further enacted by the authority aforesaid, That every collector who shall hereafter be appointed to collect the Col- ony tax and neglects to pay into the Colony treasury such tax by him to be collected within sixty days next after the same is made payable and due, such negligent collector shall pay lawful interest on what shall be unpaid of such rate or tax 1767.] OP CONNECTICUT. 561 from and after the expiration of said sixty days until he pay and discharge the same. And tlie Treasurer of this Colony is herel)j directed and authorized to issue out execution to levy and collect whatever interest shall become due for neglect of payment as above provided, in like manner as he is already imi)0wered to issue out execution for levying and collecting the principal sum due on rates and taxes. And in case any col- lector shall prove insolvent, the town appointing such collector shall pay interest on all such taxes, in like manner as above provided in regard to the collector, and the same shall be levyed and collected of the selectmen of such town where the insolvent collector belonged, in the same manner as taxes by the law of this Colony are to be collected in case of insolvent collectors ; and said selectmen shall have the same authority to levy and collect such interest as they have to collect the tax in case of insolvent collectors. Bp it further enacted by the authority aforesaid, That it shall be the duty of the clerk of the superior court and [atj the close of every circuit of said court, to give in to the Treasurer of this Colony a true account of all money fines, fees, forfeitures, or other dues issuing and accruing from said court and belonging to the public treasury ; and the like ac- count shall be by such clerk transmitted to and lodged with the Secretary, to be by him delivered to the Auditors of the public accounts, that the same may be entered for the benefit of the Colony. Be it further enacted by the authority aforesaid, That when any sheriff has received money for rates on warrant from the Treasurer of this Colony against any collector or selectmen of any town, on the insolvency of the collector of such town, and shall neglect to pay the same within thirty days next after the receiving such money, such sheriff shall pay interest on such money until he pay the same to said Treasurer. An Act in Addition to an Act made by this Assembly in October last intituled An Act for the further Alteration of one certain Act of this Colony intituled An Act for appointing, encouraging and supporting Schools. Be it enacted by the Governor, Council and Mepresentatives, in General Court assembled, and by the authority of the sarne, [258] That for this current year and in each year || annually for the future, there shall be paid out of the treasury of this Colony forty shillings, lawful money, to the several towns and societies in this Colony, upon every thousand pounds of the list of such towns and societies, instead of the twenty shil- lings on the thousand pounds provided for by an act of this Assembly made in their sessions in October last ; and so in proportion for any lesser sums ; which monies shall be paid 71 562 PUBLIC RECORDS [May, by the Treasurer of this Colony annually, as aforesaid, to the several school committees of the several towns and societies, and by them to be paid out and expended for the use and ben- efit of the schools therein, as is provided by said act. An Act in further Addition to the La-w of this Colony intituled An Act for the Directing' and Regulating of Civil Actions. Be it enacted hy the Governor, Council and Reprei>entatives, in General Court assembled, and hy the authority of the same, That it shall be lawful to bring any suit or action before an Assistant or justice of the peace on any note or bill for the payment of money only, or on any bond conditioned for pay- ment of money only and vouched by two witnesses, wherein the value of the debt due by such note or bill, or the value of the debt due by such condition, shall not exceed the sum of five pounds, lawful money. And such Assistant and justice are hereby authorized and impowered to hear, try and deter- mine the same, and grant execution thereon accordingly. Always provided. That liberty shall be allowed for an ap- peal from such judgment to the next county court, where the sum given by such Assistant or justice exceeds forty shillings lawful money ; any law, usage or custom to the contrary not- withstanding. An Act for the Reviving and Continuing an Act of this Assembly made and passed at the Session of this Assembly in May, one thousand seven hundred and sixty-one, entituled An Act in further Addition to the Law intituled An Act providing in Case of Sickness. Whereas it was resolved by this Assembly at their sessions in May last, that the aforesaid act should continue and be in force until the rising of this Assembly, and no longer, Be it therefore enacted by the Governor, Council and Rep- resentatives, in General Court assembled, and by the authority of the same. That the said act be revived, and the same is hereby revived, and shall continue and be in force until the rising of this Assembly in May next. Ordered by this Assembly, That the Treasurer of this Col- ony pay out of the public treasury, for billeting his Majesty's forces in the towns of Newhaven and Branford, to the several persons hereafter named, said accounts being allowed and ap- proved by said Assembly, viz: To Daniel Lyman, £5 13 2 To Medad Lyman, £5 5 2 To Joim Beecher, 7 5 2 To Abraham Auger, 5 5 2 To Nathan Beers, 5 5 2 To Stephen Munsonjun. 5 5 2 To Christopher Kilbey, 5 5 2 To Ephraim Goldsmith, 5 5 2 13 2 5 2 5 2 5 2 11 10 1 2 1 2 1 2 To Stephen Thomson, 4 11 10 To Stephen Morriss, 4 12 To Dan Ives, 4 1 2 To Aaron Day, 4 1 2 To Thomas Mansfield, 4 1 2 To Theophilus Good- To Caleb Beecher, 4 1 2 year, 4 1 2 1767.] OP CONNECTICUT. 563 To Stephen Peck, for To Amos Hitchcock, searching for de- for sundry ex- serters, To Ezekiel Hays, 3 4 1 2 pences, as guide, ferriage, horse- To William Monroe, 4 15 6 hire and teams ^ To Joseph Barker, 4 9 8 acc't, 1 8 2 To Samuel Buel, 4 To Benjamin Sand- ford for billeting one soldier 10 weeks, 1 To Richard Baldwin, 4 9 8 To Jacob Hoadly, To Thomas Rogers, 4 4 This Assembly do appoint Mr. Samuel Dickingson of Dan- bury to be a Surveyor of Lands for the county of Fairfield. [259] Resolved by this Assembb/, That Colo. Jolm Chester, Colo. Jabez Hamlin, Mr. John Ledyard, Mr. Richard Alsop, Major William Williams and Capt. John Lawrence be ap- pointed Auditors, to settle and adjust all outstanding accounts and debts, of what nature soever, with the Treasurer, agents, King's attornies, and all other persons who may have the Colony's monies or security in their hands, and make report liow they find all such outstanding accounts, and of all other their proceedings, unto the General Assembly at their ses- sions in October next. Resolved by this Assembly, That the Treasurer of this Col- ony pay unto Capt. Titus Hurlburt of New London the sum of four pounds six shillings and eight pence, lawful money, out of the public treasury, in full of his account now exliib- ited for his services and monies expended in tiie year past in taking care of the Battery in New London. Upon the petition of Benjamin Jacobs and Solomon Jacobs, of Mansfield in Windham county, children of Samuel Jacobs and Desire his wife late of said Mansfield, deceased, represent- ing to this Assembly that their uncle Joseph Jacobs, now of Mansfield aforesaid, before the adjourned superior court held at Windham in Windham county on the third Tuesday of January A. D. 1767, recovered judgment against the petition- ers for the seisin and possession of about fifty acres of land with buildings : disadvantaged the sale of said lands by setting u[) a claim to the same, &c. ; praying to have said lands re- turned to the petitioner upon his paying such sums as should be found due upon said executions, as by the petition on file : on which a committee being aj)pointed to enquire into said matters, tliey reported at this time, that there is due to said Bidwell on account of his demands on said executions &c. the sum of =£23 Os. Od. lawful money, and to the said Mills for the monies by him advanced, over and above the benefits by the improvement of said laud, the sum of twelve pounds five [298] shillings, law^ful money, with their opinion || that upon the payment of said sums the petitioner ought to have said lands j'econveyed to him, as by their report on file, which re- port is accepted : Whereupon it is resolved, ordered and decreed by this Assembly, that upon the said Thomas Elmor's paying to the said Isaac Bidwell the sum of X23 O.s-. Od., and to the said Rosvvell Mills the sum of £12 5s. Od., witliin three months from the rising of this Assembly, that they, the said Bid- well and Mills, do thereupon respectively give and execute to the said Thomas Elmor a good authentic deed of release and quit- claim of all their right and claim in and unto the said about twenty acres of meadow land, which they had and derived from said Elmor's said deed to said Bidwell, and that within one week after such payment to them respectively, on penalty of forfeiting each of the petitionees for his neglect therein the sum of three hundred pounds, lawful money. Upon the petition of Richard Deshon and Mary his wife, and others of New London, the children and heirs of Capt. John Prentiss late of New London, deceased, against Lan- caster Comestock of Lyme, complaining of error in the judg- ment of the superior court held at New London on the 4th Tuesday of September last, on a demurrer to the declaration in an action wherein the petitioners were plaintiffs and the peti- tionee defendant, demanding tile surrendry of certain lands and real estate under and by force of the will of Jonathan Pren- tiss the elder, late of said New London, deceased, as per writ dated November 10th, 1766 ; praying to have the same reversed and for a new tryal of said cause &c., as per the peti- tion on file : Resolved by this Assembly, that in rendering said judgment the said superior court manifestly erred and mistook the law, and the same is therefore hereby reversed and set aside, and the petitioners have liberty granted to enter and have their said cause tryed at the superior court to be held at Norwich on the fourth Tuesday of March next. Whereas upon the petition of Edward Halleck of Newbor- 628 PUBLIC RECORDS [October, ough in the Province of New York, against Samuel Hall 3d of Wallingfuj'd c^'C., preferred to this xVssemlily in Octcjber last and thence continued to the sessions of the Assembly in May last, where a committee was appointed to enquire into the sev- eral matters alledged in said petition, which committee have not as yet been a))le to finish said enquiry : Therefore, resolv- ed by this Assembly, that the consideration of said petition and the powers and authorities of said committee be further continued to the sessions of this Assembly in May next. Upon the petition of Charles Caldwell, of Hartford, and George Caldwell, of Salisbury, shewing to this Assembly that Joseph Clark of Hartford brought his action against them to Hartford adjourned county court on the 4th Tuesday of June, A. D. 1765, demanding =£300 Os. Od. due by book &c., which action came to Hartford adjourned county court in January, A. D. 1767, and by said January court was put to auditors, and that said auditors in their return made to Hartford county court on the 2d Tuesday of April, A. D. 1767, found that said Caldwell was indebted to said Clark the sum of £115 15s. 2ld. lawful money, and judgment thereon rendered by said county court against said Cald wells for the aforesaid sum and X5 15 4, for cost of suit, and that they are greatly injured by the return aforesaid, and that they are now able to shew that there is nothing due in law or equity from them to said Clark &c. ; praying this Assembly to apj)oint auditors in said cause to examine and report e same manner as said conservator by law was heretofore bound to do. Upon the memorial of George Beckwith &c., ministers of the western association in New London county, representing to this Assembly that the second church and society in Lyme in said New London county have, for about six years now last past, been destitute of a regular gospel ministry and the reg- ular and steady administration of gospel ordinances ; praying this Assembly to take the case of said church and society into consideration, and to afford to them such relief as they shall judge just and reasonable &c., as per memorial on file : Re- solved by this Assembly, Colo, Hezekiah Huntington, Colo. Joseph Spencer and Maj. William Williams be, and they are hereby appointed, a committee to repair to said society and to notifie all parties to appear before them, and to hear them on all the matters contained in said memorial, and to make report of what they shall find with their opinion thereon to this Assembly at their sessions in Hartford in May next. Upon the memorial of Thomas Day, David Forster, Thomas Pardy and others, inhabitants in the easterly part of the town of Sharon, praying that they [may be] made and constituted a distinct ecclesiastical society &c., as per memorial on file : Resolved by this Assembly, that Jabez Hamlin, William Pit- kin jun., and Joseph Spencer, Esq^s, be and they are hereby appointed a committee, to repair to said town of Sharon, to view and consider of the circumstances of said town and the expediency of a new society in said town, and of a line of division that may be proper for said society, and their report make to this Assembly at their sessions in May next. 1767.] OP CONNECTICUT. 6S9 Upon the memorial of Loiss Bclding, executrix of the last will and testament of Joseph Belding late of Weathersfield, deceased, sljewing to this Assembly that the debts and charges due from the estate of said deceased, for which no certificate heretofore has been given, surmount the moveable estate of the said deceased the sum of £100 Os. Od. lawful money ; praying for liberty to sell so much of the real estate of said deceased as will raise the sum of ,£100 Os. Oc?., as per me- morial on file : Resolved hy this Assembly, that Capt. Jona- tlian Belding of said Weathersfield, together with the me- morialist, be appointed, and they are hereby appointed and impowered, to sell so much of the real estate of said deceased as will raise the sum of £100 Os. Od. lawful money, with in- cident charges arising thereon ; taking the direction of the court of probate for the district of Hartford therein. Upon the memorial of Daniel Ely and others, owners of lands adjoyning to Eight Mile River in Lyme, shewing to this Assembly that no person can set any seine across the channel of said river or in any other way obstruct the course of fish up said river with [out] incurring the penalty of ten pounds by law provided in such cases, whereby no fishery can be car- ried on in said river, and the public advantage is thereliy lost as well as private property injured ; jn-aying that a committee [305] might be || appointed to view the places used in said river for fishing, and be impowered to make such regulations therein as they shall judge most expedient &c., as per memo- rial on file : Resolved by this A-ssembly, that Mr. Jeremiah Chapman of New London, John Tully and John Shipman, Esq", of Saybrook, be and they are hereby appointed a com- mittee, to repair to said Eight Mile River and view the cir- cumstances of the fishery there and all places adjoyning to said river which may be useful in taking fish, and report to the Assembly in their sessions in May next, with their opinion thereon, and to make such regulations as they shall judge best for the carrying on the fishery in said river in the mean- time : all at the expence of said memorialists. Upon the memorial of John Starr and others, selectmen of the town of Danbury, shewing to this Assembly that they have for some years past taken under their cai-e the estate of Aaron Knapp jun., an inhabitant of said Danbury, being a shiftless and an imprudent person, to prevent his squandering away his estate, and that the debts against the saicl Aaron or his estate, contracted by the allowance of said selectmen for the support of the wife and children of said Aaron, with some other debts justly due from said Aaron before his estate taken 640 PUBLIC RECORDS [October, under the care of said selectmen, surmounts all the rents of the said Aaron's land the sum of <£12 Os. 4c7., and there is no personal estate to pay the same or any part thereof, and thereupon praying for liberty to sell so much of the real estate of the said Aaron as to satisfie said sum with incident charges arising thereon, as per memorial on file : Whereupon it is resolved by this Assembly, that liberty be granted, and liberty and authority is hereby granted to the said selectmen, or any two of them, to sell so much of the real estate of the said Aaron Knap jun. as will be sufficient to satisfie the sum of <£12 Os. 4:d. lawful money, together with incident charges arising on said sale. Upon the memorial of Elijah Smith and others, inhabitants of the first, second and third parishes in Lyme, shewing to this Assembly that they have many years soberly dissented from the way of worship established in this Colony, and soberly and conscientiously believe and practice the principles of the people called Baptists &c. ; praying to be made a dis- tinct ecclesiastical baptist society &c., as per memorial on file : Resolved by this Assembly, that Hezekiah Huntington, Joseph Spencer, Esq^s, and Maj. William Williams be, and they are hereby appointed, a committee to repair to said town and par- ishes, view their circumstances, and in general to enquire into every matter and thing relative to the matters complained of in said memorial, and to report to this Assembly at their ses- sions in May next, with their opinion what will be most exped- ient to be done thereon. Upon the memorial of Joseph Gilbert, Moses Parsons and Ebenezer Doming, all of Farmington in the county of Hart- ford, representing that the lands whereon they live and are settled are within the first ecclesiastical society in said Farm- ington, but about half a mile north from the north line of the parish of New Cambridge in said town of Farmington, ex- cept a small part of said Gilbert's farm, which is within the said parish of New Cambridge ; that they are more than seven miles from the meeting-house in said first society and within three miles of that at said New Cambridge ; praying to be annexed to said parish of New Cambridge : Resolved by this Assembly, that the said Joseph Gilbert, Moses Par- sons and Ebenezer Doming, with their estates and families, be severally and respectively annexed, to the said parish of New Cambridge, and that for the future they shall have and enjoy the same priviledges and immunities that the rest of the inhabitants of said society by law are entituled to. Upon the memorial of Elizabeth Oveat, administratrix on 1767.] OF CONNECTICUT. 641 the estate of Giles Oveat late of New Milford, deceased, shew- ing to this Assembly that the del)ts, charges and allowances exhibited and allowed against said estate surmount the move- able part of said estate the sum of X16 l.s. 2J., and praying for liberty to make sale of the real estate of said deceased as to malve said sum ttc as per memorial on file : Resolved hj this Assembly, that the memorialist and John Oviet of said New Milford have liberty, and they are hereby impowered, to uuike sale of so much of the real estate of the said deceased as to make the sum of <£16 l.s. 2d. lawful money, with inci- dent charges arising thereon ; taking the direction of the court of prol)ate for the district of Woodbury therein. [306] Gideon Johnson, of Derby in the county of Newha- ven, representing to this Asseml)ly that he was appointed con- servator of Ichabod Johnson of said Derby, an idiot, by the county court held at Newhaven on the first Tuesday of Janu- ary last, and that the said Ichabod was at that time in debt the sum of £4 10*. 5c?. lawful money, and that the said Iclia- bod had no estate but lands, and that the whole of said land lyes in two pieces, and that it will much incommode eitlier piece to sell a part thereof &c. : Resolved by this AsseniMy, that the said Gideon Johnson have liberty, and liberty is hereby grant- ed to the said Gideon Johnson, to sell that }»iece of said Icha- bod's land that contains twenty-five acres : he giving good security to said town of Derby for the support of said Ichabod, so far as the avails of said lands shall go, to the acceptance of the selectmen of said Derby. Upon the memorial of Timothy Baldwin of Derby and An- drew Baldwin of Milford, executors of the last will and testa- ment of Timothy Baldwin late of Milford, deceased, shewing to this Assembly that the debts due from said estate surmount the moveable estate the sum of £48 18s. 5t/. lawful money, and no provision is made by said will to pay said debt ; pray- ing liberty to sell so much of the real estate of the deceased as shall pay said debt &c. : Resolved by this Assembly, that the aforesaid Timothy Baldwin and Andrew Baldwin liave lib- erty, and liberty is hereby granted, to sell so much of the real estate of the said deceased Timothy Baldwin as shall pay and satisfie the aforesaid sum of £48 18s F>d. lawful money, with incident charges arising thereon ; taking the advice of the court of probate f0th, 1767. [309] The Lists of the Polls and Rateable Estate in the several Towns in this Colony as returned to the General Assembly October, 1767, viz: Hartford, £40014 13s It^.Windsor, £47203 lis. M Farming ton, 55024 13 Hebron, 22131 Weathersfield , 31253 9 2 Enfield, 10606 11 Symsbury, 25869 Tolland, 12344 3 6 Glastonbury, 15120 Sommers, 8086 18 Hadam, 15048 3 6 Bolton, 9296 3 Suffield, 18853 17 Stafford, 9412 1 East Hadam, 25837 7 6 Midletown, 60500 4 9 Colchester, 30809 1 6 Willington, 7059 13 ») New Haven, 60691 9f Guilford, 33391 5 6 Wallingford, 48087 17 li Derby, 16554 19 9 Branford, 24014 7 9i Durham, 11496 4 6 Milford, 26873 2 6 Waterbury, 30660 17 9 New London, 34408 8 Norwich, 61549 12 4 Stonington, 36447 15 2 Groton, 25947 11 H Lyme, 25915 13 11 Preston, 24434 8 6 Say brook, 24443 17 2 Killingvvorth, 17866 5 7 Fairfield, 50134 1 5 Stamford, 321.35 17 4 Stratford, 47253 Norwalk, 40154 u Newtown, 21196 7 8 Danbury, 24260 5 8 Ridgefield, 16164 8 oi New Fairfield, 11361 4 Greenwich, 20743 13 Redding, 12440 8 111 Windham, 29882 14 Canterbury, 18058 18 11 Lebanon, 39755 9 Coventry, 22382 15 11 Killingly, 24960 15 Plainfield, 12993 1 Mansfield, 19394 19 9 Pomfrett, 24462 Voluntown, 11665 12 Woodstock, 19300 Ashford, 15274 13 10 Litchfield, 19655 17 6 Sharon, 13957 14 6 Harwinton, 6246 10 Woodberry, 48024 13 7 Kent, 14600 Canaan, 12227 12 New Hartford, 6564 16 4 Cornwall, 6553 3 (3 Salisbury, 15033 12 6 Goshen. 10588 6 New Milford, 21091 Torrington, west side. 6253 17 2 Upon the petition of John Mallet jun. and Seth Porter, both of Stratford in Fairfield county, against Peter Mallet and Mary Mallet, both of Stratford aforesaid, as they are executors of the last will and testament of Peter Mallet late of Stratford aforesaid, deceased, as on file : The question was put, wheth- er the prayer of said petition should be granted : Resolved l)y this Assembly in the negative. 648 PUBLIC RECORDS [October, On the petition of Isaiah Brown and Mehitabel his wife, and others named in said petition on file, dated Septem. 30th, 1767, a(>ainst Robert Fairchild, of Stratford in the cou!ity of Fairfield, Esq"", one of the principal proprietors of the common and nndivided lands in said Stratford, and the rest of tlie said proprietors : Tlie question was put, whether the prayer of said petition should be granted : Eesolved bj this Assembly in the negative. Cost allowed respondents is <£4 4s. Id. law- ful money. On the petition of Ebenezer Clark, of Newhaven in the county of Newhaven, against Susanna Lcwiss of said Newha- ven, administratrix on the estate of Barnabas Lewis late of said Newhaven, deceased, and Samuel Mansfield of said New- haven, and Elisha Whittelsey of Wallingford in said Newha- ven county, as on file : Tlie question was put, whether the pleas offered on the part of said Susannah, one of the respond- ents, in abatement of said petition are sufficient to abate the same so far as she, the said Susannah, is affected thereby : Resolved by this Assembly in the affirmative. Cost allowed to said Susannah, one of the respondents, is XI 2s. Od. lawful money. Ex. granted accordingly, Oct. Wth, 1767. [310] On the petition of Abraham Curtiss and Amos Hard, both of Newtown in the county of Fairfield, as on file, dated May 'dih, 1767, by continuance &c.,againstMary Mallet, Peter Mallet, and others named in said petition : The question was put, whether the prayer of said {)etition should be granted : Resolved i>y this Assembly in the negative. On the petition of Freegrace Adams, of Suffield in the county of Hartford, against Handerson Inches, of Boston in the county of Suffolk in the Province of the Massachusets Bay, as on file: The question was pnt, whether anything should be granted on the prayer of said petition : Resolved by this Assembly in the negative. On the petition of Isband Negro, a servant, of Newhaven in the Colony of Connecticut, against Gideon Wheeler, of Strat- ford in tlie county of Newhaven [Fairfield], as on file : The question was luit, whether the prayer of said petition should be granted : Resolved hy this Assembly in tlie negative. On the petition of Samuel Richards, of Norvvalk in the county of Fairfield, against Henry Waring, late of Stamford now of Greenwich in the said county of Fairfield, as on file, dated August 26tli, 1767 : The question was put, whether the demurrer exhibited by the respondent to the said petition should be admitted and the parties heard thereon accordingly : 1767.] OP CONNECTICUT. 649 Resolved by this Assembly in the affirmative. The said peti- tioner then withdrew his petition. Cost allow'' d respondent is £2 Is. Qd. laivful money. Ex. granted October 30^ A, 1767. Resolved by this Assembly., That the Treasurer of this Col- ony be directed to attend the Assembly at Newhaven on Thursday the 29th of October instant, furnished with money to pay the members thereof. This Assembly grants to his Honour the Governor the sum of one hundred and fifty pounds, lawful money, for the last half of his salary the current year. This Assembly grants to his Honi" the Deputy Governor the sum of fifty pounds, lawful money, for the last half of his sal- ary the current year. The accompt exhibited by Mr. Timothy Green, printer, amounting to the sum of X 7 Is. 3c?. lawful money, is allowed, and the Treasurer of the Colony is ordered to pay the same accordingly. Resolved by this Assembly, That there be paid to Mr. Thomas Green out of the public treasury of this Colony the sum of six pounds twelve shillings and ten pence, for printing the elec- tion sermon preached before the General Assembly in May last, and the Treasurer is hereby ordered to pay the same accordingly. Upon the petition of Abel Forward of Symsbury and Han- nah his wife, Thomas Spencer and Rebeccah his wife, Joel Harman, Rachel Harman, Ruth Harman, Lydia Harman and Cephas Harman, all of Suffield, children and heirs, except said Hannah, of Rebeccah Harman late of said Suffield, deceased, James Harman and Keziah Harman his wife, of said Suffield, Jacob Gillet of Windsor and Lydia his wife, and Simeon Ward of Pelham and Elizabeth his wife, in the Province of the Mas- sachnsets Bay, against Joseph Phelps, Elijah Phelps andEze- kiel Phelps, of Symsbury, the only acting executors of the last will and testament of Joseph Phelps late of Symsbury, deceased, and Mary Clark, alias Mary Phelps, of said Syms- bury, preferred to this Assembly, representing that in conse- quence of a decree of this Assembly obtained by the said Jo- seph Phelps and Hannah his late wife in their life time, in October, 1763, against Aaron Clark of Windsor, for £92 13s. 9c?. and costs X13 4s. 7cZ., execution had been levyed, after the death of said Joseph and before the death of said Hannah, on three certain pieces of the said Aaron's land in satisfaction of said demand, whereby a legal title was made unto her the said Hannah, and that she since by her last will had given the 82 650 PUBLIC RECORDS [October, same to the said Mary, daughter of the said Aaron, when the same, as is alledged, ought to be considered as a debt and duty due and owing to the said Joseph Phelps, deceased, and so passed to the petitioners by force of his last will ; praying to have said estate decreed to them &c., as by the petition on file : Resolved by this Assembly, that Josiah Bissel and Hezekiah Humphrey, Esqi's, and Capt. Nathaniel Loomiss be, and tliey are hereby appointed, a committee with full power to inquire into the several matters alledged and set forth in the said peti- tion, and make report of what they shall find, with their opin- ion thereon, to this Assembly at their next sessions. October 80th, 1767. This Assembly is adjourned until the Governor, or in his absence the Deputy Governor, shall see cause to call it to meet again. Test. George Wyllys, Secret'y* ERRATA. Page 188, line 13 from bottom, for Hunington read Huntington. Page 241, line 21 from bottom, for Nathan Rockwell read Matthew Rockwell. Page 295, line 21 from bottom, for David Sherman read Daniel Sherman. REASONS WHY The BRITISH Colonies, I N AMERICA, Should not be charged with Internal TAXES, By authority of PARLIAMENT; Humbly offered. For CONSIDERATION, In Behalf of the Colony of CONNECTICUT. N E W - H A YEN: Printed by B. Mecom. M.DCC.LXIV. REASONS &fc. BY the Constitution, Government and Laws of Great Britain, the English are a Free People. Their Freedom consists prin- cipally, if not wholly, in this general Privilege, that " No Laws can BE MADE OR ABROGATED, WITHOUT THEIR CoNSENT, BY THEIR REPRE- SENTATIVES IN Parliament." By the Common Law of England, Q-^eYj Commoner hath a Right not to be subjected to Laws made without his Consent, and because such Consent (by Reason of the great Inconvenience and Confusion attending Numbers, in such Transactions) cannot be given by every individual Man in Person, therefore is the Power of rendering such Consent, lodged in the Hands of Representatives, by them elected and chosen, for that Purpose. Their Subjection, then, to their Laws, is not forced, but voluntary. As the chief Excellency of the Britiah Constitution consists in the Subject's being bound only by such Laws to which they themselves Consent, as aforesaid ; and as, in order to their enjoying that Right, they are (agreeable to the Constitution) necessarily vested with the Power of electing their Representatives ; so this Right or Power is a fundamental Privilege, and so essential a Part of the Constitution, that, without it, the Subject cannot be said to be free : Therefore, if he be hindered from voting in such Election, or obstructed in the lawful Use of that real Right or Privilege, a Suit will lie for him at Common Law. None of the Privileges included in those general Rights (which in an especial Manner, denominate the British Subjects a free Peo- ple) is maintained with greater Care and Circumspection, and of which they are more jealous, than this particular, known, approved and fixed one, that No Tax, Loan or Benevolence can be imposed on them, but with their own Consent, by their Representatives in Parliament. This Privilege is of ancient Date, and whenever it hath been encroached upon, has been claimed, struggled for, and recovered, as being essential for the Preservation of the Liberty, Property, and Freedom of the Subject : For if the Privilege of not being taxed without their Consent, be once taken from them, Lib- erty and Freedom are certainly gone with it. That Power which can tax as it shall think proper, may govern as it pleases; and those subjected to such Taxations and Government, must be far, very far from being a free People : They cannot, indeed, be said to enjoy even so much as the Shadow of English Liberties. 654 APPENDIX. Upon these general and fundamental Principles, it is conceived that the Parliament (altho it hath a general Authority, a supreme Jurisdiction over all his Majesty's Subjects; yet, as it is also the high and safe Guardian of their Liberties) doth not extend its Taxations to such Parts of the British Dominions, as are not represented in that grand Legislature of the Nation; nor is it to be presumed that this wise and vigilant Body will permit such an essential Right, which is as the very Basis of the Constitution, in any Instance, ever to be violated. And upon the same Principles (as is apprehended) those subordinate Jurisdictions or Governments, which, by Dis- tance, are so separated from Great Britain, that they are not and cannot be represented in Parliament, have always been permit- ted to have and enjoy Privileges similar to those of their Fellow- Subjects in the Mother Country, that is, of being subjected only to Taxations laid by the particular Legislatures, wherein they are or may be represented by Persons, by them elected for that purpose, and, consequently of not being taxed without their Consent. Thus, in. Ireland, Taxes are laid by the Parliament of that Kingdom; and, in the Colonies or Plantations in America, by the several Assemblies or Legislatures therein. These being the essential Rights and Privileges of the British Constitution, founded on the Principles of the common Law, tho, in diverse Respects, particularly regulated by sundry Statutes, The King^s Subjects in the Plantations, claim a general Right to the Sub- stance and constitutional Part of them, as their Birthright and In- heritance. This claim is founded on such considerations as fol- low, viz : 1st. The People in the Colonies and Plantations in America, are really, truly, and in every Respect, as much the King's Subjects, as those born and living in Great Britain are. "All Persons born in any Part of the King's Dominions, and within his Protection, are his Subjects; as all those born in Ireland, Scotland, Wales, the King's Plantations, or on the English Seas; who, by their Birth, owe such an inseparable Allegiance to the King, that they cannot, by any Act of theirs, renounce or transfer their Subjection to any foreign Prince. " 4 ^ac 166. 2dlt/. All the King's Subjects, both in Great Britain and in the Colonies and Plantations in Ainerica, have Right to the same gen- eral and essential Privileges of the British Constitution, or those Privileges which denominate them to be a free People. As Protection necessarily demands and binds to Subjection and Obedience to that Authority and those Laws whereby a People are protected; so Subjection and Obedience as necessarily and justly in title to Protection: These mutually imply, require, and support each other. The King, as political Head of his SulDJects, stands equally related to them, in that Capacity, and is as really obligated to protect one Subject as well as another; and as he has an Inter- est in all his Subjects, so they have an Interest in him, regulated according to the political Constitution. Though the particular and REASONS, ETC. 655 formal Parts of the Governments of the Colonies may be various one from another, and diverse from that of Great Britain, and such Diversity of Forms or Establishments necessarily arise from their different Situations and Circumstances; yet both Law and Equity agree, in this general Principle that All the King's Subjects ought to be supported and protected in their Rights and Liberties, and especially in such as are fundamental and essential to their Free- dom. ']'he Subjects in Great Britain are under no greater or stronger Obligations of Submission and Obedience to the Crown, than those in the Colonies are ; and, surely, if the Colonists are un- der the same Obligations to Submission and Obedience with other their Fellow Subjects, it will not be easy to shew, that they have not the same Right to be protected and secured in the Enjoyment of every just and legal Privilege. Though the Subjects, in the Colonies, are situate at a great Dis- tance from their Mother Country, and, for that Reason, cannot par- ticipate in the general Legislature of the Nation, nor enjoy some particular formal Immunities possessed by those at Home; yet, as they settled, at this Distance, by Royal Licence and under national Encouragements, and thereby enlarged the British Dominions and Commerce, which add Riches and Strength to the Nation; and as they brought with them, and constantly claimed, the general Prin- ciples, those fundamental Principles, which contain the Essence and Spirit of the common Law of the Nation; it may not be justly said they have lost their Birth-Right, by such their Removal into Amer- ica; for to suppose that those Settlements, that the Performance of such important and public Services, should be prejudicial to the Claim of the Colonies to the general Privileges of British Subjects, would be inconsistent both with Law and Reason, would naturally lead to unjust and absurd Conclusions, inasmuch as those public national Advantages would not have been promoted, unless some of the King's Subjects had planted, settled and dwelt in his Colo- nies abroad : And yet, that such planting, settling and living, should subject the Inhabitants to the Loss of their essential Rights as Englishmen, would be to reward great, public and meritorious Ser- vices with great and unspeakable Losses and Disadvantages: And how inconsistent such Measures and Principles are with the Hon- our and Justice of the British Crown and Government, may well deserve Consideration. It therefore seems apparent that the King's Subjects in the Plantations have a Right, and that it is for the Honour of the Crown and the Law, that they should have a Right, to the general and essential Privileges of the British Consti- tution, as well as the rest of their Fellow-Subjects. And with re- gard to the Colony of Connecticut, in particular, there can be no Question of its having such Right, as these general Privileges and Immunities are fully and explicitly granted and declared to belong to them, by the Royal Charter of Incorporation given to the said Colony by King Charles the Second, in the fourteenth Year of his Reign, in which is contained this Paragraph, viz. " And further 656 APPENDIX. Our Will and Pleasure is, and We do for Us, Our Heirs and Suc- cessors. Ordain, Declare and Grant, unto the said Governor and Company, and their Successors, that all and every the Subjects of Us, Our Heirs or Successors, which shall go to inhabit within the said Colony; and every of their Children which shall happen to be born there, or on the Seas in going thither or returning from thence, shall have and enjoy all Liberties and Immunities of free and nat- ural Subjects, within any of the Dominions of Us, Our Heirs or Successors, to all Intents, Constructions and Purposes whatsoever, as if they, and every of them, were born within the Realm of Eng- landy Now, whether these Words are to be understood only as declarative of the Principles of the ancient Common Law of Eng- land, and of the common Rights of Englishmen, settled by Royal Licence, and under the Protection of the Crown, in a Colony or Plantation abroad, and so evidential of the Rights and Immunities belonging to all the King's Subjects in America; or whether they are to be considered as a Grant and Confirmation of such Privileges and Immunities to His Majesty's Subjects of the Colony of Con- necticut in particular, they equally evince (as far as a Royal Decla- tion and Grant can operate to that Purpose) the Truth of what is here pleaded for, so far as respects the People of the said Colony. Indeed these Words (on the general Principles of the Common Law) ought (as is apprehend) to be construed as containing a full Declaration of the Rights of the Subject, and, in order to remove all Doubts about the same, a Confirmation of them is annexed to or joined therewith. It may also be further observed, that by this Paragraph can't be meant or intended that the King's Subjects, within all his Dominions, should have or be governed by the same particular and formal Laws or Regulations, because their Situa- tions are in distant Parts of the World, and their Circumstances are so widely different, that the same particular Establishments and formal Regulations, which in one Place might be good and whole- some for the People, in another would be unwholesome, prejudi- cial, and by no means answer the End of Laws : But this Decla- ration and Confirmation denotes and imports (as is conceived) that all those general and essential Rights which the free and natural Subjects in tlie Mother Country are possessed of, and vested with, by Virtue of the main, leading, and fundamental Principles of the Common Law or Constitution of the Realm, the King's Subjects, in the said Colony of Connecticut, shall have and enjoy, to all In- tents, Constructions and Purposes whatsoever, that is, in such Plen- itude as always to be, and ever to be treated as, free and natural Subjects. 3rf/y. In order that the King's Subjects in the Colonies and Plantations in America, might have and enjoy the like Liberties and Immunities as other their Fellow-Subjects are favoured with, it was and is necessary the Colonies should be vested with the Authority and Power of Legislation; and this they have accord- ingly assumed and exercised, from their first regular Settlement, down to this Time, and have been constantly owned and ac- REASONS, ETC. 657 knowledged therein, treated as having such Authority, and pro- tected in the same by the Crown and the supreme Legislature of the Nation. Those Corporations, which by their Situation and Circumstances, are privileged with the Right of electing their Representatives to bear a proportionable Part in the general Leg- islature of the Nation, althu they may be vested with Authority to make By Laws and Regulations, within their own Jurisdictions, agreeable to the Bounds and Limits of the Charters which insti- tute and give them Existence, indeed are, and ought to be, immediately subject to the Laws, Orders, and Taxes of such gen- eral Legislature, as well as others, and that even without being expressly named, for this obvious and solid Reason, because they are legally represented therein : But with regard to those Corpora- tions or Governments, which, by their Distance and Situation, have no possible Opportunity of such a Representation, the Case is far otherwise. Whenever, therefore. Acts are formed by the supreme Legislature, that are, in any Respect, to extend to the Governments abroad, they are made to be so extended by express Words; and even such as are so extended to Subjects who are not admitted a Representation, or to bear a Part in the Legislation, may not improperly be said to be sovereign Acts, or Acts supported by the sovereign Dominion of the Makers of them. And as the Exercise of such sovereign Authority may be said (as is humbly conceived) to be, in some Measure an Exception from the general Rule by which British Subjects (according to the Constitution) are governed, it is most justly to be presumed and relied upon that the supreme Guardians of the Liberties of the Subjects, will never extend that Authority further than may be done without depriving any of the King's Subjects of those Privileges which are essential to their Liberty and Freedom, or leave them in Pos- session of such Rights and Liberties. It is a clear Point that the Colonies may not, they cannot, be represented in Parliament; and if they are not vested with legislative Authority within themselves, where they may be represented by Persons of their own electing, it is plain they will not be represented in any Legislature at all, and, consquently, if they are subjected to any Laws, it must be to such as they have never consented to either by themselves or any Representatives, which will be directly contrary to that before- mentioned fundamental Principle of the British Constitution, that " No Laws can be made or abrogated, without the Consent OF the People, by their Representatives." It therefore ap- pears that for the Crown to govern the Colonies and Plantations abroad, by and with the consent of the People represented in Assemblies or legislative Bodies, is properly and truly to govern them agreeable to the British Constitution of Government; and altho this may not, in every Form and Manner, be exactly similar to the Government at Home, yet, as near as the different Situation and Circumstances admit, will it agree with the fundamental Principles thei-eof . That the Colony of Connecticut (agreeable to 658 APPENDIX. these general Principles) is vested with such a legislative Au- thority, appears by their Charter, full to that effect. By this Charter the Colony are impowered to meet in a General Assembly, consisting of a Governor or Deputy Governor, Assistants and Deputies, annually to be chosen by the Freemen: And such Assembly is vested with Authority, from time to time, to make, ordain and establish all Manner of wholesome and reasonable Laws, Statutes and Ordinances, Directions and Instructions, not contrary to the Laws of the Realm of England; and every Officer, appointed for putting such Laws, Ordinances &c. from Time to Time, into due Execution, is sufficiently warranted and discharged against the King's Majesty, his Heirs and Successors, by a special Clause, in the same Charter, express to that Purpose. By this Royal Patent it is therefore evident, that a full Power of Legisla- tion is granted to the Colony, limited with a Restriction that they conform, or are not to act contrary to the General Principles of the Laws of the Nation, and consequently, as when they exceed the Bounds and Limits, prescribed in the Charter, their Acts will be void, so, when they conform and regulate their Acts agreeable to the Intent and Meaning of it, their Acts may properly be said to have the Royal Approbation and Assent. And these Powers, Rights and Privileges the Colony has been in Possession of for more than a Century past. This Power of Legislation necessarily includes in it, an Authority to impose Taxes or Duties upon the People for the Support of Government and for the Protection and Defence of the Inhabitants; as, without such Authority, the gen- eral Right of Legislation would be of no Avail to them. These Privileges and Immunities, these Powers and Authorities, the Colony claims, not only in Vertue of their Right to the general Principles of the British Constitution, and by Force of the Royal Declaration and Grant in their Favour, but also as having been in the Possession, Enjoyment and Exercise of them for so long a Time, and constantly owned, acknowledged and allowed to be just in the Claim and Use thereof, by the Crown, the Ministry, and the Parliament; as may evidently be shown by Royal Instructions, many Letters and Acts of Parliament, all supposing and being predicated upon the Colony's having and justly exercising these Privileges, Powers and Authorities: And what better Foundation for, or greater Evidence of, such Rights can be demanded or pro- duced, is certainly diflScult to be imagined. These points being thus rendered so clear and evident, may it not thence be very justly inferred, Uhly. That charging Stamp Duties, or other internal Taxes on the Colonies in America, by parliamentary Authority, will be an Infringement of the 'forementioned Rights and Privileges, and deprive the Colonists of their Freedom and Inheritance, so far as such Taxations extend ? The charging a Tax on any particular Part of the Subject's Estates in the Plantations, by Authority of Parliament, will doubtless be found nothing less than taking from REASONS, ETC. 659 them a Part of their Estates on tlie sole Consideration of their being able to bear it, or of having a sufficiency left notwithstand- ing. It must certainly be admitted that the People thus charged, do not consent, nor, have any Opportunity so to do. An express Consent, either by themselves or Representatives, can by no Means be pretended, neither can their Consent be argued from ImpHca- tion, as their Subjection and Allegiance to the Crown, are sup- posed to be according to the Tenor of the Laws of the Nation, for altho the King is stiled the Head of the Common Wealth, Supreme Governor. Parens Patrice., &c. yet is he still to make the Law of the Land the Rule of his Government, that being the Measure as well of his Power as of the Subjects Obedience ; for as the Law asserts, maintains and provides for the Safety of the King's Royal Person, Crown and Dignity, and all his just Rights, Revenues, Powers and Prerogatives, so it likewise declares and asserts the Rights and Liberties of the Subject. [4 Bac. 149.] Therefore, in this Case, as there can be no other implied Consent than what the general Principles of the Law or Constitution implies, or what is included in the Obligations to Submission and Obedience to Laws. And as the general, fundamental Principles of the British Constitution or Laws, which the Americans claim the Privilege of, are quite the Reverse of such Implications, and really imply and suppose the Contrary, it follows that charging such Taxes will be to take Part of their Estates from the People without their Consent, either expressed or implied; it can't be said such Charging would be founded on Contract, as it might be where the Subjects are represented in the Legislature; neither may it be founded on a Forfeiture, as there is no pretence of that Kind in these Cases; surely, then, there can be no Right either to demand or receive a Man's Estate, where both these are wanting. If these internal Taxations take Place, and the Principles upon which they must be founded, are adopted and carried into Execu- tion, the Colonies will have no more than a Shew of Legislation left, nor the King's Subjects in them, any more than the Shadow of true English Liberty ; for the same Principles which will justify such a Tax of a Penny, will warrant a Tax of a Pound, an hundred, or a thousand Pounds, and so on without Limitation; and if they will warrant a Tax on one Article, they will support one on as many Particulars as shall be thought necessary to raise any Sum proposed. And all such Subjections, Burthens, and Deprivations, if they take Place with Respect to the King's Sub- jects abroad, will be without their Consent, without their having Opportunity to be Represented, or to shew their Ability, Disabihty, or Circumstances. They will no longer enjoy that fundamental Privilege of Englishmen, whereby, in special, they are denomina- ted a free People. The legislative Authority of the Colonies, will, in Part, actually be cut off, a Part of the same will be taken out of their own Assemblies, even such Part as they have enjoyed so long, and esteem most dear; nay, may it not be truly said, in 660 APPENDIX. this Case, that the Assemblies in the Colonies will have left no other Power or Authority, and the People no other Freedom, Estates, or Privileges, than what may be called a Tenancy at "Will ? that they have exchanged, or rather lost, those Privileges and Eights, which, according to the national Constitution, were their Birth-Right and Inheritance, for such a disagreeable Ten- ancy? Will not such Determinations amount to plain Declara- tions, to the Colonies, that altho they have enjoyed those Immuni- ties and Privileges heretofore, and been acknowledged and encouraged in the Possession and Use of them, yet now they must expect, for Reasons of State, for some public Utility, to part with them, and be brought under a kind of Subjection not far from the very Reverse of that Freedom they justly claim and so highly value ? May it not be enquired what Reasons are or may be assigned for so different Treatment of the Subjects of the same Most Gracious King, of the same general State or Community ? May it not, upon the whole, be concluded, that charging Stamp Duties, or other internal Duties, by Authority of Parliament, as has been mentioned, will be such an Infringement of the Rights, Privileges and Authorities of the Colonies, that it may be humbly and firmly trusted, and even relied upon, that the supreme Guardians of the Liberties of the Subject, will not suffer the same to be done, and will not only protect them in the Enjoyment of their just Rights, but treat them with great Tenderness, In- dulgence and Favour? Objection. Perhaps it may be here objected, that these Principles, if allowed, will prove too much, as the Parliament, by its supreme Dominion, has a Superintendency over all the Colonies and Plant- ations abroad, and Right to govern and controul them as shall be thought best, and most conducive to the general Good of the Whole; and, accordingly hath passed divers Acts for regulating their Trp,de and Navigation, and, in other Respects, directed their Conduct, limitted the Exercise of their Authorities, &c. Answer. To Objections and Observations of this Kind, it may be an- swered, that as the Parliament of Great Britain is most certainly vested with the supreme Authority of the Nation, and its Juris- diction and Power most capacious and transcendent, the Colonies will be far, very far from urging or even attempting any Thing in Derogation of the Power or Authority of that august Assembly, or pretending to prescribe Bounds or Limits to the Exercise of their Dominion; nothing in the foregoing Observations be sure, is intended, by way of Objection, but that the Crown by its Prerog- ative, or the Parliament by its supreme and general Jurisdiction, may justly order and do some Things, which may affect the Prop- erty of the American Subjects, in a Way which, in some Sense, may be said to be independent upon or without the Will or Con- REASONS, ETC. 661 sent of the People, as by Regulations of Trade and Commerce and the like; and by general Orders relative to and Restrictions of their Conduct for the Good of the Whole: For as the Colonies are so many Governments independent on each other, or not sub- jected the one to the other, they can only establish Regulations w^ithin and for themselves respectively; and as they are all subor- dinate to and dependent upon the Mother Country, and Propriety, Conveniency and even Necessity require that they should be sub- ject to some General Sviperintendency and Controul, in order that the general Course of their Trade and Business should be so uni- form as to center in some general national Interest, it becomes plainly expedient that there should be some supreme Director over all His Majesty's Dominions; and this Character and Authority, all Men must acknowledge and allow, properly belong to the British Parliament. Against the Exercise of such general Juris- diction, for the common Interest and Advantage of the Mother Country and of the Plantations, collectively taken, the before mentioned Observations are in no Measure intended; for it is humbly conceived, that the Subjects in the Colonies may enjoy their Rights, Privileges and Properties, as Englishmen, and yet, for politicLtl Reasons, be restrained from some particular Corre- spondence or Branches of Trade and Commerce, or may be sub- jected therein to such Duties, Charges and Regulations, as the supreme Power may judge proper to establish as so many Condi- tions of enjoying such Trade. Reasons of State may render it expedient to prohibit some Branches of Trade and to burden others as aforesaid. And as such Regulations will doubtless appear, upon Examination, rather to be a preventing the Subject from acquiring Property, than taking it from him, after it is legally become his own, the Objections relative to such Establishment, ought to be only against those that may be supposed unequal, unprofitable, or not expedient, the Determination of which must nevertheless be left to the supreme Authority of the Nation. What therefore is designed to be urged from these general Princi- ples of the British Constitution, is, that the Legislatures of the Colonies ought to be left entire, and that His Majesty's good Sub- jects in them should be permitted the continued Enjoyment of their essential Rights, Immunities and Privileges, which will not, as is supposed, by any Means be the Case, if the internal Taxa- tions before mentioned should take Place. But if Restrictions on Navigation, Commerce, or other external Regulations only are established, the internal Government, Powers of taxing for its Support, an Exemption from being taxed without Consent, and other Immunities, which legally belong to the Subjects of each Colony, agreeable to their own particular Constitutions, will be and continue in the Substance of them whole and entire; Life, Liberty and Property, in the True use of the Terms, will then re- main secure and untouched. 662 APPENDIX. Objection. On this Distinction it may perhaps be further said, by Way of Objection, that a Stamp Duty differs from a Tax, as it will oblige the Subjects only to pay for Paper, Parchment, &c. which they are at Liberty to use or not to use, at Pleasure; and so, if they chuse to make use of it, they voluntarily submit to the Charge, and can't be said to be taxed without their Consent. Answer. This by no Means will obviate the Arguments; for a Eegula- tion which necessarily obliges a Man to part with any certain Portion of his Estate, amounts to the same Thing as the actual taking such Portion from him. It must be supposed that the People in America will buy and sell their Lands, nay, in a Multi- tude of Instances, they would not know how to subsist without such Dispositions: They will also be necessitated to give and take Obligations, and to use Paper for various other Purposes, or there will be of Course, so great a Stagnation of Business as almost to bring on a Dissolution of their civil and political Existence. These things will be found as necessary as the Use of Agriculture itself. They will therefore be as certainly taxed by a Duty charged on the Transfer of their Lands, as by a Tax laid directly on the Land itself. If Lands were to be taxed, it might as well be said, People are not obliged to have Lands (and indeed some have none) so that such as do acquire them, voluntarily submit to the Charge, which is really saying Nothing to the Purpose, for the Use and Improvement of Lands, Barter, and Transmutation of Prop- erty are as necessary in civilized Countries, as Food and Raiment are to the Body natural. Indeed the Supposition of the Necessity and certain Use of the Articles to be charged, can be the only Foundation to render a Revenue arising therefrom worthy of Notice, as otherwise the Effect would be altogether precarious. Stilly. Another Reason offered as an Objection against charging Stamp Duties, &c. in the Colonies, may be drawn from the Conse- quence of such a Measure, as it is most probable, if not certain, it will, in the Event, prove prejudicial to Great Britain itself. The Colonies and Plantations in America are, indeed, of great Impor- tance to their Mother Country and an Interest worthy of her most tender Regard: The more they prosper and increase in Number, Riches and Commerce, the greater will be the Advan- tage not only to them but also to the Nation at Home. In the Colonies there is a Vent for and a Consumption of almost all Sorts of British Manufactures, and of many and various Kinds of Goods of the Produce of other Countries, first imported into Britain and from thence brought into the Plantations, whereby the Revenue of the Crown and Wealth of the Nation are much encreased, at the Expence of the Colonies; for these Goods the Colonies make Remittances with what Monies they are able to collect, in a Variety of their own Produce, and by circular Trade; and taking the REASONS, ETC. 663 whole Trade together, it amounts to a very great Sum, the Profits of which in general center in Great Britain. If the Plantations are encouraged and prosper, this will be an increasing Interest and become more and more of Importance ; but if Measures should be taken, which, in Regard to them, would have a natural Tendency to abate their Vigour, Spirit and Industry, or to turn them into some other Channel to supply the Necessaries of Life, what can be expected but a Decrease of the Colonies Wealth and Prosperity, and consequently a Decay of an important national Interest. And as, on the one Hand, depriving the Colonies of Part of their Powers and Privileges and rendering the Tenures of them and of their Liberties and Properties precarious, as by charging Stamp Duties or other internal Taxes upon them by Act of Parliament, &c. will naturally produce that unhappy Effect of causing the Colonies to languish and decrease; so, on the other Hand, uphold- ing and continuing the Freedom of their Governments, maintain- ing their Authority, their Laws, securing their Properties, consid- ering and treating their Privileges and Immunities as Matters too sacred to be violated, will naturally tend to invigorate, enliven and encourage the People, and keep up in them a Spirit of Indus- try in all Kinds of Dealing and Business, and of Emulation in the Service of their ]\Iother Country, whereby they will become more able and zealous to promote the national Interest. This will doubtless be found almost universally to be the Case of a People where they enjoy Liberty, and their Lives, Properties and Privi- leges are secure, and the Reverse of it as generally to be the Con- sequence of a contrary Treatment; for what Encouragement hath the Merchant to expose his Interest to Chances and Dangers, the Farmer, the Mechanic and the common Labourer to weary them- selves in their fatiguing toilsome Employments, if, after all, Part of their Estates (and how great a Part is to them altogether uncertain) may be taken from them, and in such Ways and Man- ner as they have heretofore been led to think are inconsistent with their essential Rights and Liberties ? Surely then, if subjecting the Colonies to Burdens which will discourage and abate their Industry, will eventually prove disadvantageous to the Mother Country, and the charging of Stamp Duties or other internal Taxes on them, will, in the End, have that Effect (as has been endeavoured to be shewn and evinced) the taking such a Measure must be inconsistent with good Policy and the true Interest of the Nation. Stilly. Furthermore to enforce the Objections against Stamp Duties or other internal Taxations, it is conceived that a summary Representation of the Settlement, special Services and Circum- stances of the Colony of Connecticut, may be here, with great Propriety adduced, from whence very cogent Reasons may be drawn in their Favour. The first Settlers of the Colony, who were derived from Eng- land, their native Country, planted here in the Year 1636, and 664 APPENDIX. having purcliased their Lands, or rather a Right of Pre-emption of the Crown, or the King's Patentees, they were obliged to purchase the greatest Part of them again of the native Claimers, Possessors, and Proprietors of the Country, and some other Part was obtained at a much dearer Rate, which was by Conquest; for the People of these new Settlements, scarce of one Year's Date, and very small, were forced, for the Defence of their Lives and those Set- tlements, which in a fair and equitable Manner they had made, to enter into a War with the principal Tribe of Indians, then in this Part of the Country, who rose with all their barbarous, insiduous, crafty Force and Cruelty to rout these new Settlers out of the Country, as the first Effort of their set and declared Design to break up and prevent the Settlement of New England. Against this numerous and powerful Tribe, enraged with Jealousy at the Eiiglish, these Planters, who were able to raise but about four- score Men, took up Arms, and, by the Smiles of Heaven, in sundry severe Conflicts, overthrew, conquered and effectually sub- dued these their crafty, bloody and inveterate Enemies. And as this was the first Indian War in New-England, and issued so success- fully on the Part of the English, whose Courage, Force and Con- duct in War now became the Dread and Terror of the Natives throughout the Land, it laid a Foundation for Tranquility in gen- eral for almost forty Years after, which gave a most favourable Opportunity for the Settlements in the Country to multiply and increase in Strength and Vigour. The Plantation and Settlement of the Colony, by the year 1661, being considerably increased, they made Application to the Crown for a Charter of Incorporation, with Powers of Government, found- ed on the general Principles of the English, now British Constitu- tion, that is to say, that they might be governed with the Consent of the People represented in an Assembly composed of Members elected for that Purpose; and, in Consequence of such Application, King Charles the Second, in the 14th Year of his Reign, granted his Royal Charter to the said Colony, the Preamble of which is worthy of special Notice, as in it are these words, viz. Whereas, hy the several Navigations, Discoveries, and successful Plantations, diverse of our loving Subjects of this our Realm o/" Eng- land, several Lands, Islands, Places, Colonies, and Plantations have been obtained and settled in that Part of the Continent of America call- ed New England, and thereby the Trade and Commerce tJiere hath been of late Years much i7icreased : And whereas we have been informed, by the humble Petition of our trusty and well-beloved John W^inthrop, John Mason, &c. being Persons principally interested in our Colony or Plantation of Connecticut in New-England, that the same Colony, or the greatest Part thereof, was purchased and obtained for great and val- uable Considerations, and some other Part thereof gained by Conquest and with much Dijficulty and at the only Endeavours, Expence and Charges of them and their Associates and those under whom they claim, subdued and improved, and thereby become a considerable Enlargement and Ad- REASONS, ETC. 665 dition to our Dominions and Interest there: Now, know ye, that in Consideration thereof" &c. Hereby it appears that this Charter was granted upon valuable Considerations, which adds Weight and Strength to the Title on which the Claim of the Colony to the Rights, Immunities, and Franchises therein granted and confirmed are founded, for here are the Considerations of large Sums of Money advanced. Conquest made at the Expence of the Blood and Treasure of the Planters, eminent pubhck national Services performed and to be performed, and all to the Enlargement of the King's Dominions and for the Increase of the national Commerce, which the Charter is a clear and full Evidence of. The Powers and Privileges granted by this Char- ter were properly the Purchase of the People, and the granting was an Instance of Royal Justice to them, th.6 the Grace and Fa- vour of the Crown assuredly ought to be and hath been at all Times humbly and gratefully acknowledged therein. Therefore as there really were valuable Considerations which were proper Foundations for such a Grant, it was doubtless judged to be for the Honour of the Crown to grant the Powers of Government with such ample and beneficial Immunities and Privileges as are allowed and given in and by the Charter aforesaid; and these the People indeed look upon as the Purchase of their Ancestors, as a gracious and royal Reward of the Merit and Services of their Forefathers, and as one of the best Inheritances they left to their Children; whether there- fore it can be consistent with Law or Equity they should be de- prived of such an Inheritance, or any Part thereof, may je worthy of serious Consideration : For if the Right of a single Person to vote in the Election of a Member of Pai'liament be so sacred in the Eye of the Law, that to deprive him of it, entitles to an Action at Common Law for his Damages and the Violation of his Privileges, as was adjudged in the House of Lords in the Case of Ashhy and White, how sacred then ought the Powers, Privileges and Immu- nities of a whole Colony of Loyal People, of all the Freemen in it, to be look'd upon and considered? And of what Importance is it they should be defended and protected therein? As the Enjoy- ment of such Privileges and Liberties, of such a free Constitution of Government naturally tends to promote Loyalty and Obedience in a People, so the Inhabitants of the Colony of Connecticut (with- out arrogating) may, with the strictest Veracity, say and insist, that none of the Colonies in the British Dominions, have approved themselves more loyal and obedient to the King's Majesty, or more forward and zealous for promoting his Service, than they have con- stantly done. These Principles of Loyalty and Zeal, the natural Result of Liberty and Freedom, have influenced the Colony to ex- ert itself with a becoming vigorous Spirit and Resolution in public and benevolent Services, whenever they have been called upon or applied to for that Purpose. It hath not only defended itself in its infant State against the violent Insurrections of the Indians who formerly lived near or dwelt among them, and at all Times down 84 666 APPENDIX. to the present Day, against all its Enemies, but also, as it increased in Numbers and Strength, hath from Time to Time, afforded Aid, Succour and Relief to the neighbouring Colonies. It is found, by ancient Memorials, that the Colony of Connecticut united with, and at large Expence and to most remarkable Effect, assisted the other Colonies in carrying on the famous Indian War called the Narra- ganset War, which raged about the Year 1 675, when (after a shock- ing Destruction of the English People, their infant Towns and Set- tlements) those Barbarians were totally subdued, and the distressed Country thereby saved from impending Ruin. Prom the Year 1688 to about 1695, Connecticut at sundry Times and as Occasions required, furnished expeditious Aid and Succour to the Province of New- York, for the Defence and Protection of J Albany and other Places, then exposed to frequent Irruptions of th€ Frendi and Indians; in which Service, at the several Times of their| Distress, were employ'd about five Hundred Men, at the Charge and Expence of the Colony, the Amount whereof appears to b€ about five Thousand Pounds. Within the same Times, Help andl Relief were repeatedly raised and sent forward, with great Expedi-j tion, for the Defence of the Frontiers in the County of Hampshire,] in the Province of the Massachusetts- Bay, which often happily tend- ed to the Safety, Encouragement and Support of the People there,! and was gratefully acknowledged and certified by some of the! principal Men in those Parts. The Expence of these Services tol the Colony of Connecticut (besides the Loss of Lives in several Enn counters) amounted to near two Thousand Pounds. It apppears also that the Colony of Connecticut, in the Years 1703^ 4, 5, and 6, on repeated Alarms, occasioned by Irruptions of thel Enemy, on the Frontier Towns and Places in the Province of the] Massachusetts- Bay, raised and sent Numbers of Men for the Relief, Succour and Defence of the Inhabitants in those Parts. These Men were generally sent on Horseback for the Sake of Expedition, the Occasions being urgent, tho at some Times on Foot. And as those Alarms were frequent, the Succours were sent in about twenty several Parties succeeding one another. The Number of Men employed in those Services was about seventeen Hundred and of Horse near nine Hundred. And the total Expence occasioned thereby to the Colony (as may be still shewn by the Accounts |;hereoi) amounted to near eleven Thousand Pounds. The Curren- cy in those Times was about three-fourths the Value of Sterling Money. All these Services were voluntarily performed by the small Colony of Connecticut, for the Relief and Protection of their Fellow-Subjects in the other Colonies (one of which in par^cular was under the immediate Government of the Crown) without receiving either Money or any other Aid from the Crown, or from the neighbouring Provinces. In the Expedition in 1710 agamst Port-Royal, now Annapolis. when it was taken from the French, and the costly disastrous Expe- ditions set on Foot against Canada in 1709 and 1711, the Colony REASONS, ETC. 667 of Connecticut bore a full Proportion of Expence and sustained a very great Loss of Men. And the Colony failed not likewise of bearing a large Share in that memorable Expedition formed by the New- England Governments against Cape- Breton, in 1745, when it was reduced to the Obedience of the British Crown. This was a seasonable an important Conquest, and will not be forgotten, while the principal Articles which served as a Basis for restoring the Peace to Europe that followed it, are had in Remembrance. But the more recent Instances of the Loyalty, Zeal and Service- ableness of the Colony of Connecticut are such as follow. In the Year 1755, when Forces were raised by the Northern Colo- nies for removing Encroachments made on His Majesty's Territo- ries in America, by the French, Connecticut raised a Thousand Men for that Service, and also two Thousand more the same Year to reinforce the Army at Lake George, then apprehended too weak to withstand the Enemy. This Number was two or three Times the proportion of Connecticut compared with some other Colonies con- cerned in that Expedition. In 1756 it raised two Thousand five Hundred Men, which was double the Number proposed by the King's Commander in Chief for the Colony's Proportion in the Service of that Year. This was done by the Colony as it was sup- posed the southern Colonies would fail of the Proportion allotted for them to raise; and lest the Service should suffer, it exerted it- self in such duplicate Proportion. In 1 757, the Proportion demand- ed by His Majesty's (commander in Chief, for the Service of that Year, being fourteen Hmidred Men, the Colony not only raised that Number, but also, on Intelligence of the Attack on Fort WiU Ham Henry, speedily sent forward about five Thousand of the Mil- itia, for the Relief of that Fortress and Protection of the Country, then in great Consternation in those Parts. And in 1758 an Expe- dition was set on Foot for the Reduction of Canada, and the Colonies being called upon by the Crown, to raise as many Men as the Num- ber of their Inhabitants would admit of; and as it was apprehend- ed that in Case of Success, an End would be put to the War in these Parts by that Year's Campaign, Connecticut exerted itself be- yond all former Efforts, in Hopes of its being the finishing Stroke, and accordingly agreed to raise five Thousand Men, and actually had but few short of that Number in the Field. But as this impor- tant Design failed of Accomplishment at that Time, the Colony, by Royal Direction, was called upon strenuously to exert itself in the like Service, in 1759, and even until the End of the War. And as what hath been done by the Colonies, on that extraordinary Occa- sion, in 1758, seem'd constantly to be made the Rule of Demand upon them afterwards, the annual Requisition of the Crown proved exceeding heavy upon the Colony of Connecticut, for it had indeed exerted itself vastly beyond its Ability, and any just Proportion in that Year; yet nevertheless they agreed to raise the Number de- manded in every succeeding Year of the War, being spirited, as far as possible to yield the strictest Obedience to the King's Com 668 APPENDIX. mands, and determined to persevere in his Service wit"h the utmost Efforts. And in the present Year 1764, the Colony hath raised upwards of two Hundred and fifty Men for the Annoyance of the Indians and Protection of His Majesty's Subjects in other Govern- ments. These Troops are now out on Service at the Direction of the King's Commander in Chief in North- America. In these Services, from the Year 1755 to the Year 1762 inclu- sive, the Expences of the Colony, over and above the parliament- ary Grants (which have been received with the most sensible and humble Gratitude) amounts to upwards of four hundred thousand Pounds; the large Arrears of which Sum will remain a heavy dis- tressing Burden upon the People for many Years to come. More- over several Thousands of the hardiest and most able young Men, the Hope and Strength of the Farmers, have been destroyed, lost, and enervated in the many distant arduous Campaigns, during the Course of this terrible War. The Husbandry of the Country (its only Resource) has suffered and still suffers extremely hereby; and the Colony will not recover itself from these Disadvantages in a long Tract of Time. And altho, by the Success of the military Operations in America, large, extensive and most valuable Acquisi- tions have been made to the British Dominions, yet the Colony of Connecticut gains Nothing thereby, further than as it may be said to be concerned in the common Cause and general Interest of the Whole. It had no Lands to recover or even to secure from the Enemy, as some other Governments had; it hath no immediate Trade with the Indians, nor will its Situation admit of any but what may, by some Individuals, be carried on through and so sub- ject to the Controul of other Colonies. The Profits of this Trade have ever been mostly in the Hands of those whose Proimity gave them peculiar Advantages for it. Nay, instead of receiving par- ticular Benefit by these Events, the Colony will rather suffer Dis- advantages thereby; in the Emigration of its Inhabitants, already thinned, for Settlement of the vacant Lands in other Provinces, which are now secure from the Enemy who formerly annoyed them. Therefore Principles of Loyalty and Zeal for the King's Service, Principles of Benevolence, Humanity and Compassion for their Fel- low-Subjects in Danger and Distress and the agreeable Prospect, a laudable Desire of enjoying Quiet and Peace, in Consequence of a general Tranquility in the Land, must be considered as the gen- uine Motives and Springs inducing the Colony of Connecticut, to exert itself in the Manner and to the Degrees before mentioned. And now, when all these Things are duly considered and viewed in a proper Light, will it not be thought that the Colony has good Reason to hope and expect, in Return for and in Consequence of such Services, if not to be indulged with greater and more ex- tensive Favours from the Crown and Nation, at least to be protect- ed and secured in the full Enjoyment of the Rights and Privileges essential to the Freedom of Englishmen, instead of having those Rights curtailed or infringed, by charging on them a Stamp Duty, . as proposed, or any other the like new and unprecedented Taxation. REASONS, ETC. 669 Objection. Perhaps, after all that hath been offered, it will be objected by- some that America ought, and is able to bear a just Proportion of the American Expence; and that as the Duty already charged will, they suppose, not be sufficient to defray that Expence, it becomes necessary to make Additions to the Duties already laid. Answek. l5^. In order to obviate and answer this Objection it may be necessary to enter a little into a Consideration of the Occasion and Nature of those Charges which, by some are denominated American Expences. That Expence which is occasioned merely for the Defence and Protection of the new Governments and Acquisi- tions, it is conceived ought not to be charged upon the Colonies in general, as it is truly no other than a national Interest, or an Inter- est of the particular new Governments or Acquisitions, and conse- quently ought, where it is not purely national, to be laid on those whose immediate Profit is advanced thereby. The old Colonies, es- pecially Neiu-E)i[/Iancl,weve at the sole Charge of settling and defend- ing themselves, and that they should now be compelled to contrib- ute towards settling others, under much better Advantages in that Regard than they were, will not fail of being esteemed hard and injurious. If the Expence arises in defending and securing the Fur Trade and the Out-Posts requisite for carrying on the same, to oblige these Colonies which receive no immediate Advantage by it, to bear a proportionable Part of the Burden, will also be hard and unequal, and especially if that Trade is sufficiently profitable to support itself, if otherwise, why is there so much Care and mighty Attention constantly exercised towards it. If the Expence occurs in liolding and protecting the new and large Acquisitions, where- fore should the Colonies bear that, when they have no Interest in them ? they do indeed properly belong to the Crown, and will finally be disposed of and settled for the Benefit of the Crown and the Nation in general, and not for the Advantage of the Colonies in particular. But, 2dly. What America's proportionable Part in the American Ex- pence will be, is somewhat uncertain and difficult to determine: And in order to form any tolerable Judgment in the Case, it will be necessary to consider the Wealth of the Colonies, compared with the Mother Country; their Number of Inhabitants, compared with the Extent of their own Country; the Nature of their Climates, in some of which the Cold Seasons are of such long Continuance, as to occasion a Consumption of the greatest Part of their Produce, their Trade and Commerce, the Profits of which in general center in Great Britain ; their Business, Advantages and Disadvantages and other Circumstances, such as their being, in a general AVay, obliged to spend so great a Propoition of their Labour in clearing, fencing and preparing their Lands for Improvement; and that the Surplus of their Labour, in many Instances, is but very little and 670 APPENDIX. in some Nothing at all. The clear Profits therefore to the Colo- nies being so very inconsiderable, it must surely be found, on a just and reasonable Computation, that their Proporiion of any gen- eral national Expence, if any Thing, will be very small. But, Zdly. If, notwithstanding, it shall be judged necessary (which is even a difficult Supposition) to make an Addition to the Cnarges on America, yet it is humbly conceived, for the Reasons already offered, it will not by any Means ever be thought proper or just in order to effect that Purpose, it should be done in a Way that shall be an Infringement on the Constitutions of the Colonies, or that will deprive the Subjects in them of some of those important Liberties and Privileges, which, as Englishmen and Freemen they so justly value, and have a legal and equitable Right to, as well as the Rest of their Fellow-Subjects. Revenues ai-e never raised in Great Britain by a Violation of the Constitution or any Part of it, but the Liberties and Privileges of the Subjects are always saved and maintained in those Cases; and why the Americans should not value their Privileges at as high a Rate as their Fellow-Subjects in Great-Britain do theirs, and wherefore the same Justice is not due to the one as to the other, what sufficient Reasons can possibly be assigned ? Therefore whatever may be done in this Matter, it is humbly trusted will surely be effected in such Manner as to leave the IjCgislatures of the Colonies entire, and the Peoplp in the full Possession and Enjoyraent of their just Rights and Immunities. This, it is conceived, might be effected by a Duty (if thought nec- essary and proper) on the Importation of Negroes, and on the Fur Trade, &c. for altho that on Slaves may and doubtless will fall with j most Weight where the greatest Numbers are imported, yet will] none be charged thereby but such as voluntarily submit to it; and] was such Importation lessened, which might indeed be some Dis- advantage to a few individuals, yet probably it would be attended with many salutary Effects, both with Respect to Great Britain and. her Colonies in general. And as a principle Article of the Expence in America must be for protecting and securing the Fur Trade, what good Reasons can be adduced wherefore that Trade should not be so charged as to support itself ? for (as hath been already hinted) if it will not bear this Charge, why is it still held and maintained at such great Expence ? Having thus shewn that the English are a free Peoijle ; that their Freedoyn consists in these general Privileges, that No Laws can be made or abrogated without their Consent by Representatives, and for that Purpose have Right to elect their Representatives ; that the American Colonists are as really the King^s Subjects, as loyal, and have as much Right to the general and fundamental Privileges of the British Constitution, and to Protection in the Enjoyment thereof, as the Rest of their Fellow Subjects in the Mother Country; that, in Conse- quence hereof the Colonies and Plantations in America, according to the general Principles of the national Ccnsiitution, are vested with Author- ity of Legislation, and have Right to he represented in their Assemblies, REASONS, ETC. 671 in whom that Authority is lodcjed, and with whose Consent they are to he governed hy the Croivn; that for the Crown to govern these Colonies and Plantations by and with the Consent of the People in such legislative Assemblies, is properly and truly to govern them agreeable to the national Constitution, or that'it is as conformable to the fundamental Principles of the British Government that the Subjects in the Colonies sJiould be rep- resented in Assemblies or legislative Bodies, as that the Subjects in Great Britain should be represented in Parliament or the supjreme Legislature of the Nation, and that the Government of the Subjects, ivith the Consent oft/ieir respective Representatives, is founded on the same general and essential Principles of Liberty: TJiat charging Stamp Duties, or inter- nal Taxes on the Colony by Authority of Parliament, will be inconsist- ent 'with those Authorities a?id Privileges ivhich the Colonies and the People in them legally enjoy, and have, with the Ap)prohation of the su- preme Power of the Nation, been in the Use and Possession of for a long Course of Years; as also the Probability that such Measures will, in the Event, prove prejudicial to the iiational Lnterest as well as hurtful to the Colonies, together with some Matters and Circumstances more di- rectly and peculiarly in Favour of the Colony of Connecticut, and the especial public and benevolent Services performed by it on many Occa- sions, which may justly merit some favourable Consider atio7is; and ansivered such Objections as might p^-obably be made against the Tenor of the Reasonings and Representations herein offered and laid doivn; it is now concluded, that on the Account of tliese and such other weighty Reasons as may occur, a British Parliament whose Design is to keep up that Constitution, support the Honour and Prerogative of the Crown, and maintain the Privileges of the PeopAe, will have a tender Regard for the Rights and Immunities of the King^s Subjects in the American Colo- nies, and charge no internal Taxations upon them withoiU their Consent. INDEX. Al)bee, John, 333. Abbott, Abiel, ensign, 253; lieutenant, 554: Joseph, ensign, 302: Ste- phen, lieutenant, 141; captain, 504. Abrtl. Eliirtli, lieutenant, 557: Joshua and Sitnuiel, o3l. Ackley, Benjamin, 604: Simeon, en- .sign, 13. Adams, Abraham, 372: Abigail, 45: Andre\v,622 : DaaiHl,629 : Freecrrace, 371, 648: I'vgan, 116, 169, 262, 304, 307, 396, 448, '574; dep- uty for N^w London, 73, 120, 188, 241, 291. 340; justice, 6, 125, 247, 346, 457, 5'.1: Samuel, 577; justice, 7,126, 246, 346, 458, 551; land sold, 45: William, 167. Adpnte, Thdmas, quarter-Thaf, 296. Agents in Kncrland, see Dyer, Ingersoll, Jackson, Jolt nson. Alden, Daniel, deputy for Stafford, 294, 452,493. 540; justice, 457, 550: Noah. 271. A'dcirman, Daniel, 305, 374. Aldridge. Xathan, 271. Allen, Ebenczer, 271: Edward, 449; deputy for Milford, 546, 606: Jona- than, " 183: Joseph, 538, 671: Moses, grant to, 283: Noadiah,land sold, 50: Sanih, land sold, 183. Ailing, Enos, 353, 383, 430, 472, 510; deputy for New Haven, 241 : Thomas, land sold, 214. Allyn, Henrv, deputy for Wind^ior, 341 ; caprain, 610; justice, 246. 345, 456, 550: John, ensign, 356: Joseph and I'ark, 426,470: losiah, lieuten- an^,351: Matthew,636 : Nathan, 426, 470; land sold, 208: Robert, 426, 470; lieutenant, 14. Alsop, Richard, 91, 548, 575, 619; audit- or, 563; deputy for Middletown, 295, 341, 413, 453, 545, 60.i. Alverd, Elisha, lieutenant, 416; captain, 610. Amherst, Sir Jeffrey, 17, 136, 192, 396; informs of contraband trade, 63; letter received from, 75. Amity, Bethany made from, 23, 84, 107. Andrews, Andrus, Abra,ham, ensign, 250: 85 Benjamin and Tabitlia, 581: Daniel, land sold, 27: David, land sold, 284, 644: John, 448; ensign, 557: Nehemiah, 58: Stephen, 397: 'I'imothy, grant to, 156; lieu- tenant, 609. Annibal, Joseph, ensign, 417. Ap|)eals in civil actions regulated, 8. Ajjpleton, Benjamin, 491. Apthnrp, Charles, 307 : Charles W., 527. Armstrong, Ezekiel, land sold, 536. Arnold. Ebenezer, 594: .lames, army lieutenant, 234: Joseph, 27: — - Samuel, ensign, 251. Ashford, new society asked for, 386, granted (VVestford,)' 434; bounds with Union, 635. A'-hpo, Samuel, 370. Atwater,Damel.land sold. 443: David lieutenant, 13-: .Jacob, lieutenant, 301; captain, 614: .lonathan, 145, 366: Reuben, lieutenant, 554; Samuel, 443: ensign, 301; lieutenant, 614. Atwell, Joseph, 597: Samuel, 293. Atwood, .lonathan, 68. Auditors appointed, 563, 614. Auger, Abraham, 562. Austin, Daniel, deputy for Suffleld, 341 lieutenant, 254 : — '— David, 228. 286 John, 30 : Moses, land sold, 111 Fundt^rson, land sold, 228: Richard, land sold, 27. 439. Averill, Moses, lieutenant, 196. Av-'ry, .A.sa,captain,4I6: Christopher, 20;" deputy for (xroton, 3, 120, 242; jus- tice, 6, l'25. 247, 346, 457, 551- Ebenezer, deputA' for Groton, 1S9, 231, 295; justice, 7, 125, 247, 346, 457, 551: Humphry, 438; justice, 6, 125, 247, 346, 457, 551;' loan to, 584: Nathan, 169 : Samuel, 226: Simeon, 486. Ayrault, Nicholas, 292. Ayres, Joseph, ensign, 418. Babcock, Amos, 334, 603; deputy for Ashford, 121, 190, 232, 341; justice, 7: Benjamin, land sold, 330: Henry, deputy for Stonington, 494, 541. Baclie, rheopliilac.t, 595, 597. Backus, Andrew, ensign, 507; lieutenant, 611: Ebenezer, 526; deputy for Nor- wich, 1, 294; convnittet', 51," 60, 101, 147, 152,201, 260, 315, 375, 425; jus- tice, 6, 125, 247, 337, 346, 457, 551. 674 INDEX. Bacon, Asa, quarter-master, 612: Jiimes, 592: John, 267 : Tosiah, 485: Nathnn, land solii, 592. Bailger, Kdmuiul, qnarter-master, 504. Badlrtke, .Tohn, 478. 518. Baker, Samuel, deputy for Rranford, 413 : Timothy, land'sold, 30. Baldwhi, Abuer, lieutenant, 85; captain, 609 : Andrew. 641 : Barnabas, 100, 144:- Caleb, deputy for New- town, 74; captain, 240; iustice, 7, 126, 246, 346. 458. 552: I)avilgerton, .John, captain, 348. Edson, Timothy, lieuten:uit, 17. Edwards, Dnn el, 389, 429, 473; in nomi- nation, 78, 226, 298; chosen assistant, 3, 122, 2)3, 342; present, 1, 73, 120,188, 227, 230, 294, 340; comiuittce, 72, 119, 134, 151, 234, 243; judge, superior court, 4, 123, 244, 343, probate court, 5, 123, 244, o44; dead. 411: Jona- than, Joseph, and Josiah annexed to Kensmgton, 587: Richard, 265: I iiomas, land sold, 47. Eells, Edward, 51, 317; preached election sermon, 548: Nathaniel, 317. Eggleston, Jeiiidiah and Thomas, 237. Elderkin, Jedidah, 466, 615; deputv for Windham, 412, 451,494, 551, 546," 607; justice, 7, 126, 217, 346, 458, 552. Election sermons: Mr. Bellamv (1762) 4, Mr. White (1763) 63. Mr. Welles (1764) 244, Mr. Dorr, (1765) 343. Mr. Lee (1766) 454, Mr. Eells, (1767) 548. C80 INDEX, J^liot, Aaron, deputy for Killingworth, ^/^S, 606; justice, 7,126,247,346,457, 65 J; colonel, 459: John, deputy for C-nilford, 606; lieutenant, 11; «. Mix. 19, 308, 381: losepli, deputy for Killing\v..?'th, 3: Niitlian, dej)- utv for Kent, 2, 73, 120; justice, 8, 126, 247, 347, 459, 552: Zebulon, 635. Ellsworth. Charles, 203; cnptnin, 196. Elmore, Thomas, 520, 578, 626. Ely, Daniel, 639; land sold, 536, 641: Ezra, captain. 84: .lames, Mary, and Richard, 390: .Tonathnn, land sold, 158: Rebeccah, 538: Samuel, 584; justice, 7, 12G, 247, 346, 457, 551. Embargo laid. 65. Emmons, Arthur, Eli, Lydia, Susanna, Tabitha, 293: Ebenezer, ensign, 462. Enfield, baptists in, 271. England: money sranted by, 61, 135, 192; agents, Dyer, 601, Ingers'oli, 299, .lohn- soii, 501; letters received from Earl of Halifax, 230, 232; address and petitions on stamp act, 299, 420, 466. see Jacl'son. Eno, James, land sold, 279, 401: Joseph, 279, 401 ; ensign, 88 : Roger, armv CHptain, 234: Samuel, 118; justice. 6. 125, 245, 345, 465, 550. Eve.. Oswel, 521. '=' Everett, Daniel, justice, 8, 126, 247, 347, 458,552: Jeremiah, 330. Everts, Daniel and Jonathan, 98: John, deputy for Salisbury, 2, 73, 121, 189. 231. Ewing, Alexander, ensign, 505. - Excise, names of colli-ctors to be returned, 296, money appropriated to schools, 463. Factor, John, 513. Fairchild, Alexander, 441; ensign, 418: Daniel, justice, 458, 551 ; land sold, 591: Oliver, 42. 276: Phebe, 691: Robert. 316, 648; deputy for Stratford, 242, 453, 494, 541, 546;" jus- tice, 7,126, 246, 346, 458, 551: Stephen, 429. FairfieUi, North Fairfield society made, 50. l(il; militia comjianies in, 167, 330; may make orders as to oyster fishery, 500. Fairman, Richard, 51, 101 ; deputy for Newtown, 2, 74, 340, 452; justice, 7, 126, 246, 346, 4.'"i8. 552. Falrweather, Benjamin, lieutenant, 302. Fancher, William', 587. Fanning, James, 566: Thomas, lieu- tenant, 416. Farmington: road in, 182; winter parish in. 102, 175, 211, 272; militia in North- ington, 587; Indians at, 620; some set to New Cambridge, 640. Farnam, Eliab, 509: Nathan, 112: Nathaniel and Solomon, 589. Farnsworti, Samuel, 431. Farrand, Mary, 314: Nathaniel, sur- veyor, 17. Fasset, Benj.amin, 162. Fast-day appointed, 447. Fav, Jedidiah, deputv for Ashford, 242, 341, 413, 452, 494, 541, 547. Fellows, Jonathan, land sold, 165. Felshaw, John, ensign, 86; lieutenant, 249; captain, 505. Fenn, Benjamin, captain, 86. Ferries: Pratt's or Smith's, 24; above Derbv Neck granted Leavenworth, 109; Hall's, Norwich, 111; at lladdam, 183; Stratford, fare, 207; Norwalk to Hunt- ington, L. 1., 236; New Loudon, fare, 608. Ferris, .John, ju.stice, 7, 126, 246, 346, 458. Field, Uriah, '530. Finch, Abigail, 28, 204: .Jeremiah, land sold, 204: Joseph, laud sold, 28. Fish, .Tohn, captain, 139: .Tonathan, 48; lieutenant, 554: Mo.ses, 289; captain, 14; deputv for Groton, 3, 341, 413, 452, 494, 541, 546, 606 : Nathan, 48: Thomas, lieutenant, 139; cap- tain, 553. Fisheries: in Housatonuck river, 248, 528, at Lyme, 584, 639. in Paucatuck river, 2U7, in Windsor ferry river, 133, 465; power of county court as to licencing seines etc. abolished, 498; act for pres- ervation of oysters and clams, 500. Fitch, Ebenezer, 310; ensign, 556: Kleazer, 60, 101, 146, 1.52, 19i, 201, 240; deputy for Windham, 188, 231: Elisha, 645; justice, 457, 551: Ezra, land sold, 116: Havnes, en- sign, 460: Ichabod, 236, 257: Jabez, 267,389,469, 516, 624, 636; dep- utv for Canterburv, 3, 74, 190, 232, 295, 340, 412, 453. 494; 641, 546, 607; com- mittee, 106, 166, 221; justice, 7, 126, 247, 346, 458, 552; probate judge, 5, 124, 245, 344, 456, 550: John, 478: Medina, 68: Samuel, 50; justice, 7, 126, 246, 346, 458, 552: - — Theophilus, justice, 7, 12>>, 246, 346, 458, 552: Thom:is, in nomination, 78, 226, 298, 415, 50.'-, 616; chosen gov- ernor, 3, 122, 243, 342; present, 1, 73, 120, 188, 227, 230,241, 294.340,409, 412, 451; grants to, 119, 144, 186, 2.^9, 338, 408; reasons for taking stamp act oath, 451; reasons against taxing colonies, 651: Tiiomas jun., 67, 535; deputy for Norwalk, 121, 190, 242, 295, 341, 413, 4.52, 494, 546; justice, 7, 126, 246, 346, 458, 552. Flairg, John, 381: Samuel, land sold, 5'7. Flint, Nathan, 443: Nathaniel, 478, 518. Flower, Ely, ei:sign, 15. Fobes, Simon, lieutenant, 144. Foot, Abraham, army captain, 234: Asa, captain, 303: Daniel. 108, 399; deputy for Colchester, 74, 120, 189, 231,242,294,341, 452, 493, 540; justice, 125, 246, 345, 456, 550; v. Lord, 68, 187: Ebenezer, 112: Israel, i INDRX, 681 583: Nathan, 546: Nathaniel, justice, 6: Samuel, ensign, 16; lieutenant, 503. Forbes, Joseph, 187, 512, 576: Ruth, 292: Samuel, deputy for Canaan, 494, 541, 607: Solomon, land sold, 603. Ford, James and John, 207 : Stephen, lieutenant, 560. Forward, Abel, 649; captain, 255: Joseph, ensign, 554. Fosdick, Thomas, 261, 311. Foster, David, 323, 638; deputy for Sharon, 189, 231, 295: • John, land sold, 445: Jonah, captain, 193. Fowler, Dijah, lieutenant, 350: John, 60, 210, 273, 321, 369, 419; deputy for Milford, 2, 73, 120, 189, 242, 294,-341, 413, 452, 493, 606; justice, 6, 125, 246, 345, 457, 5.51: Jonathan, 59, 60, 101, 147, 201, 268: Joseph, deputy for East Haddam, 242; justice, 125, 245, 345, 456, 550: Josiah, 152, 201, 268. Fox, David, 646: Klisha, ensign, 480: Thomas, hind sold, 293. Francis, Daniel, 284: Elijah, 68: Elisha, 629. Franklin, Thomas and Hannah, 530. Frazier, Isaac, 490. Freeman, Edmund, deputy for Mansfield, 74 : Edward, deputy for Jhiusfield, 2: Nathaniel, justice, 550: Samuel, lieutenant, 250. French, Charles, 38; deputy for Derby, 74, 189, 242, 295, 341, 606; justice, 6, 125,248, 346, 457, 561: 'Gamaliel, 368, 212, 432: John, captain, 416: Jonathan, 169: Stephen, 325: William, 483. Frink, Isaac, land sold, 169: — —Jonas, ensign, 347. Frisbi?. Benjamin, lieutenant, 503: Ebe'n?zer and Elisha, 444: Noah, ensi; '1, 613: Zebulon, captain, 610. Frost, Jonas, captain, 302: Moses, 330: Stephen, 267; deputy for Canterbury, 453, 494, 641, 546, 607. Fuller, Abraham, ensign, 554: Amos, deputy for Salisbury, 241; land sold, 178: Ephraim, captain, 194: Samuel, 637; land sold, 41, 221; lieu- tenant, 557: Stephen, justice, 7: Thomas, 107; ensign, 141; lieu- tenant, 417; land sold, 281, 407. Gage, Gen. Thomas, letters received from, 230, 232, 541. Gale, Benjamin, 261, 288, 311, 379, 527, 578; de'putv for Killingworth, 120, 242, 341, 413,494,541, 646; justice, 7, 126, 247, 346, 457, 651: 'Roger, 491. Gallop, Benadam, deputy for Groton, 242, 341, 452, 494, 541, 546, 606; surveyor, 268: Ebenezer, 186: John, 185; lieutenant, 611: Joseph, lieutenant, 253 : Nathaniel, ensign, 138; lieutenant, 415. Galpin, Joseph, ensign, 559: Samuel, captain, 13. Gardiner, David, 20, 151, 262, 304: William and Eunice, 598. Gates, Daniel, ensign, 10; lieutetiant, 353: Elizabeth, 443: Samuel, 278; captain, 348: Thomas, lieutenant, 143. Gay, Ebenezer, 323; ensign, 140: Luther, deputy for Killingly, 2, 74. Gaylord, Benjamin, lieutenant, 14: Charles, 389: Nathan, deputy for New ililford, 73, 189, 231, 241, 294: Nehemiah, lieutenant, 416: Capt. Samuel, 115, 159. Geer, Robert, 45. General Assembly: hearing of petitions, 63, 76; committee to hear records read, 72, 119; what petitions may be pre- ferred to, 77 ; guard for, at election, 615. Gibbs, Benjamin, captain, 195; Zeb- ulon, 583, 632. Giddings, James, land sold, 164: John, land sold, 113: Thomas, 158. Gilbert, John, 50, 101, 103, 335; lieuten- ant, 804: Joseph, 29, 640: Nathaniel, 484; captain, 350: Sam- uel, deputy for Hebron, 74, 189, 241, 294, 341, 413, 453, 493, 540, 546; justice, 6, 456, 560: Thaddeiis, land sold, 29 Gille'tt, Charles, land sold, 184: Ebe- nezer, 388: Eliphalet, ensign, 143; lieutenant, 351: Jacob, 649: ■ Jonah, ensign, 251: Jonathan, en- sign, 416 : Mary, 566 : Matthew, deputy for New Hartford, 74, 189, 231, 295, 3'40, 412, 494, 541, 647; justice, 8, 127, 248, 347, 459, 552: Zaccheus, lieutenant, 255. Gills, John, ensign, 560. Gilman, John, 266, 380, 565; land sold, 110: Josiah, 110, 565: Solo- mon, 601. Glastonbury, v. Hartford, 389; Eastbury enlarged, 104. Gleason, Jonah and Joseph, 156. Glover, Henry, deputy for ISfewtown, 189, 231, 242, 295, 340, 412, 452, 494, 541, 546, 606: John, captain, 86, 613. Goff, David, 336. Gold, Hezekiah, Mary, and Thomas, 116. Goldsmith, Ephraim, 562. Goodrich, Elizur, justice, 6, 125: Gurdon, 34: Jeremiah, 320, 370. Goodsell, John, 393. Goodwell, John, land sold, 325: Sarah, land sold, 22. Goodwin, Eleazer, deput)' for New Hart- ford, 242: Nathaniel, lieutenant, 609: Ozias, 265, 266, 380: Thomas, ensign, 194, 610. Goodyear, Theophilus, 562. Gordon, John, 623; deputy for Volun- town, 3, 74, 120, 189, 231, 242, 295, 340, 413, 452. Gore, Obadiah, lieutenant, 13; captain, 459. Gould, Abraham, captain, 557 : John, 527; land sold, 400: William, cap- tain, 187; deputy for Branford, 2, 242. 682 INDEX. Governor, to inquire as to contraband trade, 64, to prepare reasons against stamp act, 256, 299, to appoint fast, 447, thanksgiving, 137, 467, to prepare address to king, 466. Coward, William, land sold, 106. Granger, Abraham, lieutenant, 254: John, captain. 138. Grant, Anne and Rachel, 617 : Donald, 522: p:benezer, 428, 475: Ed- ward C, ensign, 252: Friend. 603, 617; land sold, 586: Jehiel,' 603: Oliver, quarter-master, 301: Thomas, 568. Grave, John, Justice, 6,125: Silva- nus, lieutenant, 504. Gray, Samuel, 123, 151 ; deputy for Wind- ham, 1, 73, 120, 188, 231; justice, 7, 126, 247, 346, 458, 552: Thomas, 386. Green, Amos, 176: Joseph, 150: < Samuel, ensign, 254: Thomas, grants to, 72, 649: Timothy, ap- pointed printer, 193; grants to, 72, 119, 186, 259, 338, 408, 451, 492, 649. Green Woods, road through, 517. Greenell, Daniel and William, 42. Greenwich, bounds between Stanwich and Horseneck, 37. Gregory, Ebenezer, 212 : Ezra, quar- ter-master, 14 : Samuel, justice, 7, 126. Gridley, Ebenezer, 110: Hezekiah, justice, 6. 125, 246, 345, 456, 550. Griffin, .Tohn, 530; ensign, 240; lieuten- ant, 604: .Joseph, land sold, 545: Silas, land sold, 222. Grimes, Abigail, 182, 537. Griswold, Dimiel, justice, 8, 126, 247, 347, 459, 552: 'David, land sold, 40, 214: Edward, 262: Ezekiel, 40, 214: Joel, 40, 214: ,Tohn, justice, 6, 125, 247 : Josiah, ensign, 301: Matthew, 258, 438, 466, 502; in nomination, 78, 226, 298. 415, 508, 615; chosen assistant, 3, 122, 243, 342, 453, 547; present, 1, 73, 120, 188, 227, 230, 294, 340, 409, 412, 451, 493, 540, 545, 605 ; judge superior court, 414, 4r)5, 548; major, 347; ensign, 503: Na- than, captain, 504: Stephen, 292. Gross, Freeman, land sold, 531. Grosvenor, ,Tohn, justice, 7, 126, 247, 347, 458, 552 : Leicester, ensign, 553. Groton, Indians at, 491, 524; in Stoning- ton probate district, 496. Guernsey, Ebenezer, deputv for Durham, 413 : Lemuel, 316. Guilford, some annexed to 4th society, 98. Gunn, Abel, 38; deputy for Derby, 2, 74, 242, 418, 453, 493: —^ Jolm, surveyor, 502. Gurley, Jonathan, deputy for Mansfield, 121, 414; lieutenant, 13: Samuel, captain, 461 ; deputy for Mansfield, 494, 541, 546, 607. Guthrie, Ephriam and William, 172. Haddam: grant of ferry to, 183; high wav in, 317; meeting-house Tlst soci- ety, 287, 4.39. Hait, Joseph, army captain, 75: Samuel, 206. Hale, .Jonathan, deputy for Glastonbury, 2, 189, 231; ensign, 254; justice, 6, 125, 246, 345, 456, 550: Timothy, 293. Halifax, Earl of, 447; letters received from, 230, 232. Hall, Abel, 96; ensign, 10; lieutenant, 139: Abraham, land sold, 34: Asahel, captain, 304: Benjamin, 97, 213, 308, .366, 368, 381 ; in nomina- tion, 78, 226, 298, 415, 508, 615; chosen assistant, 3, 122, 243, 342; present, 1, 73, 120, 188, 227, 230, 294, 340, 409, 412, 451; deputy for Wallingford, 493, 546, 606; judge "superior court, 4, 123, 244, 343;' justice, 246, 346, 457, 551; lieutenant, 251; captain, 610: Daniel, Isaac, and Kufus, 118: David, lieutenant, 610: Flliakim, 484; deputy for Wallingford, 242: Elihu, 92, '145, 220,334; deputy for Wallingford, 295, 341, 413; justice, 6, 125, 246, 346, 457.551: Elnathan, deputy for New Fairfield, 295, 413 : Gilbert, 277 : Giles, surveyor, 338 : Heman, lieutenant, 508: Jabez, 430, 476: James, captain, 503: John, 34, 153, 436, 483; cap- tain, 554 ; justice, 6, 126, 246, 346, 457, 551 : Jonathan, 287 ; ferry grant to, 111: Joseph, 369: ^ .Joshua, ensign. 10; captain, 251: Richard, 213, 368, 432: Samuel, 96, 334, 522, 578, 628; captain, 461; justice, 125, 246: William, deputy for Mansfield, 242, 295, 341. Hallick, Edward, 522, 678, 627: Jesse, 449. Hamilton, Daniel and Solomon, 108: Silas, captain, 15. Hamlin, Barnabas, ensign, 193: Christopher, captain, 254: ' .Jabez, in nomination, 78, 226, 298, 415, 508, 616; chosen assistant, 3, 122, 243, 342; present, 1, 73, 120, 188, 227, 230, 294, 340, 409, 412, 451; deputv for Middle- town, 493, 540, 545, 6 6; "auditor, 563; commissary, 236; committee, 24, 154, 172, 200, 209, 213, 223, 257, 306, 322, 368, 374, 375, 425, 436, 475, 483, 618, 638; judge, county court, 4, 123, 244, 343, 455, 648, probate court, 5, 124, 245, 344, 455, 549; justice, 456, 550. Hammond, Amariali, ensign, 15 : Elijah, deputy for Bolton, 606. Hanchet, John, lieutenant, 138: Zaccheus, 271; land sold, 33. Handy, Barzillai, 45. Hard," Amos, 648. Harman, Cephas, .James, .Joel, etc., 649. Harper, .lames, ensign, 417. Harris, Abram, land sold, 586: Daniel, land sold, 165: Joseph, 567; lieutenant, 607: Thomas, lieutenant, 138. Harrison, Aaron, ensign, 347; captain. INDEX. 683 508: Amos, 60, 152, 201, 268: Joseph, 300. Hart, Benjamin, 695: Daniel, 399: Joseph, justice, 6, 125, 246. 345, 457, 550: Judah, 276: Na- thaniel, ensign, 251 r Reuben, en- sign, 613: Samuel, captain, 558: Selah, 585; ensign, 88; lieutenant, 142; captain, 301; justice, 502, 550: Thomas, 273, 321. Hartford, south society v. Buckingham, 67, Benton, v., 427, 474; Five-Mile made winter parish, 159, asks to be a society, 589; Glastonbury, v., 389; v. Coventry, 389; blowing up of school- house, 467; Hoccanum bridge, 601. Hartland, ecclesiastical tax, 68; election in, 158. Hartshorn, Ebenezer, deputv for Norwich, 73; justice, 7, 125, 247, 346, 457, 551. Hart well, Joseph, ensign, 254; lieuten- ant, 557. Harvey, Joseph, lieutenant, 142: Thomas and Martha, 393. Hastings, Joseph, cornet, 143. Hatch, Jethro, captain, 304 : Timo- thv, justice, 8. Hathaway, Simeon, deputv for Suffield, 341. Haven, William, 635. ■Hawkins, Abraham, P>li, and Moses, 511: John, 226: Robert, ensign, 554. Hawley, Aaron, 213, 432: Enos, ensign, 505 : Ezra, 40 : Henry, captain, 351: Jehiel, 630; lieuten- ant, 15 ; captain, 139 : .lonathan, 446: Milton, 49: Nathan, ensign, 196: Robert, ensign, 416: Samuel, 112: Thomas, cap- tain, 140. Hayden, Nathaniel, ensign, 558: Uriah, ensign, 303. Hayes, Ezekiel, 663; quarter-master, 11; cornet, 87: Joel, 306: Zadock, land sold, 218. Hazard, Nathaniel, 617, 623: Sam- uel, 616. Hazelton, Charles, lieutenant, 614: James, 581. Heath, Ebenezer, 604: Isaac, 271. Hebron and Colchester bounds, 488, 525. Hemingway, Samuel, justice, 125, 246, 345, 457, 551. Hempstead, John, 597 ; ensign, 507 : .Joshua, 261, 304,604; v. Fish, 48: Nathaniel, ensign, 138: Stephen, 116. Hendey, Caleb, lieutenant, 613. Henshaw, Benjamin, 224, 398. Herpin, John, 281, 577. Hewitt, Israel, 276 ; captain, 565 : Na- thaniel, 161: Reuben, 625. Hibbard, Isaac, land sold, 228: Seth, land sold, 178: Zebulon, lieutenant, 349; captain. 462. Hickcox, Abraham, ensign, -504: Samuel, 21, 333 : ensign, 193 ; lieuteuaut, 460 ; deputy for Waterbury, 606 ; land sold, 591, 642 : Silas, lieutenant, 194 : William, ensign, 143; lieutenant, 347. Hide, Benjamin, 428: Daniel, ensign, 85; lieutenant, 461 : David, 323: Ephraim, ensign, 352: Jedl- diah, land sold, 106: Matthew, sur- veyor, 258: Richard, 106, 477, 509: Walter, ensign, 141; lieutenant, 347; captain, 462. Hierlehy, Capt. Timothy, 220, 223. Higby, Edward, 484: — — Isaac and Jo- seph, 644. Highways: in Colebrook, 588, in Farm- ington, 182, in Haddam, 317, in Mohe- gan, 36, in New Hartford, 184, New Ha- ven to Windham, 615, New Haven to Woodburv, 83, 368, 419, 480, 608, Sims- burv to K'orfolk, 82, 517, Torrington to Norfolk, 69, Wethersfield to Middletown, 182; mile stones to be erected on, 608. Higley, Joseph, ensign, 87. Hill, "Hills, Abraham, land sold, 45, 53: Benjamin, 104: Daniel, lieu- tenant, 459 : Ebenezer, lieutenant, 504: James, 592 : .John, 91, 96, 148, 196; land sold, 238: Jonathan, 148,197,468; justice, 6, 125, 245, 345, 456, 550: Joseph, 271: Na- thaniel, 288, 379, 515; deputv for Guil- ford, 3, 120, 190, 232, 242, 295, 341, 412, 453, 493, 540, 546, 006; justice, 6, 125, 246, 345, 457, 551; probate judge, 411, 455,524, 548: Thom.as, 213, 433; justice, 246, 346, 458, 552 ; land sold, 535 : Timothy, captain, 87. Hillhouse, William, 686, 637; deputy for New London, 188, 231, 241, 294,' 340, 412, 451, 494, 540, 546, 606; justice, 7, 125, 247, 346, 457, 551. Hillyer, James, captain, 138. Hinkley, Jonathan, land sold, 35, 181, 278. Hinmaii, Benjamin, 171, 209, 482, 508; deputy for Woodburj', 2, 607 ; justice, 8, 126, 247, 347, 459, 552; lieiitenant- colonel, 609: Tnnothy, 481: Truman, ensign, 251: Wait, 436, 482. Hinsdell, Barnabas, survevor, 338: Jacob, 47, 211. Hitchcock, Amos. 326, 328, 329, 663; army captain, 234: L)an, ensign, 613: John, 630; deputy for Ivent, 190, 232; captain, 196; justice. 8; land sold, 326: Jonathan, 186: Samuel, ensign, 196. Hoadlv, Jacob, 663: Timothv, 60, 152,"201, 268: William, deputy for Branford, 341, 452, 546; justice, 6, 125, 246, 345, 457, 551. Hobby, Ebenezer, 449: Thomas, dep- uty for Greenwich, 295, 341. Hogoboom, Aarontry, and Heartry, land sold, 402: Bartholomew, land sold, 400. Holbrook, Daniel, deputy for Derby, 453, 493, 606; justice, 6, 125, 246,345, 457, 551: John, captain, 612; deputy for Derby, 546. 6S4 INDEX, Holconib, Consider, land sold, 587: — David, 631 : Hezekiah, 537 : — Joshua, 222 : Jiulali, justice, 6, 125, 246, 345, 456, 550: Peter, lieuten- ant, 138. Holden, John, 114. Holland, Joseph, ensign, 301; land sold, 170. Hollister, Anio>, 109: Elisha, deputy for Glastonbury, 241 : Eiihraim, ensign, 302: — — Gideon, ensign, 14: Josiah, lieutenant, 196: Tim- othy, 53, 68, 118. Holly^ Israel, 36 : John, 175. Holiiian, Samuel, 577. Holmes, Christopher, 278; deputy for East Haddam, 189, 231: Isaac, 271; ensign, 614: Moses, deputy for Willington, 189, 231, 242, 341, 493, 540, 546. Holt, Daniel, lieutenant, 85 : Isaac, captain, 142: Joseph, 226: Samuel, lieutenant, 88: William, lieutenant, 253; captain, 554. Hooker, Daniel, land sold, 157: — — James, captain, 461 : John, justice, 6, 125, 246, 345, 456: Joseph, jus- tice, 6, 125, 246. Hopkins, Asa, 567, 617, 629: Consid- er, captain, 612: Harris and Abi- gail, 567,617: Joseph, 174, 419, 480, 490; deputy for Waterburv, 242, 295, 340, 413; justice, 6, 125, 246,346, 457,551: "Stephen, 68, 118, 326, 435,529: Thomas, land sold, 326, 529. Hopson, John, deputy for Colchester, 74, 120, 189,231. Horsford, Obadiah, lieutenant, 304; cap- tain, 505 ; deputy for Hebron, 606. Horsington, James, 393. Hosmer, Dorothy, land sold, 107: George, 220: • Joseph, 149: Robert, John and Zechariah, 107 : Stephen, 107; land sold, 220: Thom;is, 149, 309; justice, 6, 124, 245, 345,456, 550: Titus, 220. Hotchkins, Abraham, 98: Caleb, 150. Hotchkiss, Henry, ensign, 144; lieutenant, 253; captain, 612: Joel, 23, 84, 107, 538;captaui, 140: John, 90: Lodowick, ensign, 558. Hough, Ruth, 187. Houghton, James, lieutenant, 301. Housatonic rivery, fishery in, 248; lottery, 285, 337, 354, 419, 630.' House, Nathaniel, captain, 507. Hovey, Luke, 536. How, James, ensign, 553. Howell, Thomas, 93, 430, 472, 510, 616. Hoyt, Ezra, 281; lieutenant, 558: John, land sold, 536: Jonathan, 19, 100, 618; deputy for Stamford, 1,73, 120, 189, 231, 24'l, 294, 340, 412, 494, 546; justice, 7, 126, 246 346, 458, 552; probate judge, 5, 124,245, 344, 456, 649: Joseph, army captain, 234: Samuel, captain, 352. Hubbard, David, 96,148, 197: Elizur, Hezekiah and Prudence, 96: .John, 516; deputy for New Haven, 241; jus- tice, 6, 125,' 246, 346, 457, 551 ; probate judge, 5, 123, 244, 344, 455, 549: John E. and Jemima, 30: Levy, 117: Richard, lieutenant, 13; cap- tain, 194: Samuel, 60, 152, 202, 268: Solomon, land sold, 30: Watts, ensign, 13; lieutenant, 94. Ilubbell, Eieazer, 437; deputy for New Eairfield, 242, 295, 413, 452: Eph- raim, 215, 437; deputy for Kent, 241, 292, 341, 412, for New Fairfield, 242, 452; .justice, 7, 126, 246, 346, 458, 652: Gershom, ensign, 416; lieutenant, 610: Hezekiah, ensign, 504; Jedidiah, lieutenant, 507: Matthew, 591, 692: Nathan, captain, 86: Peter, ensign; 88, lieutenant, 194: Capt. Samuel, grant to estate, HI, 179, 218: William G., ensign, 144: lieutenant, 304. Hudson, John, Hannah, Mary and Rachel, 538. Hull, Andrew, 94: Ezekiel, 168: Jeremiah, 333: Joseph, 33, 419, 480, 538; deputy for Derby, 121, 295, 341, 413: Samuel, deputy for Walling- ford, 2. 74, 121, 189, 231, 413, 453. Humiston, Caleb, justice, 6, 125, 246. 345, 457, 551: John, set to Northbury, 55, 587. HuniphreviUe, Benjamin, land sold, 327. Humphrey, Daniel and Sarah, 224: Elihu, 179: Hezekiah, 148, 201, 284 598, 626, 650; deputy for Simsbury, 2, 74, 121, 190, 232, 242, 341, 412, '545, 606; justice, 6, 125, 246, 346, 456, 550; lieutenant, 16; captain, 503: John, land sold, 179: Jonathan, captain, 16 : Martin, 628: Michael, 517 ; justice, 8, 127,248,347,459,552: Nathaniel, 179; army lieutenant, 234, 628: Oliver, 82; deputy for Sims- bury, 493, 545: Samuel, 517: Thomas, land sold, 445. Hun, Ruth, land sold, 534. Hunt, Joseph, ensign, 461 : Lewis, 634. Huntington, Benjamin, justice, 467, 551 ; surveyor, 338: Hezekiah, 211, 268, 399, '427, 429, 466, 471, 474, 491, 524, 635,638; nominated, 78,226,298,415, 508. 615; chosen assistant, 3, 122,243, 342; 453, 547; present, 1,73, 120,188, 227, 230, 294, 340, 409, 412, 451, 493, 540, 545, 605; captain, 303; commissary, 236; judge, county court, 4, 123, 244, 343, 455, 549, probate, 5, 124, 245, 344, 455, 549: Isaac,276; justice, 6, 125: labez, 260, 308, 353, 491, 524, 635; deputy for Norwich, 1, 73, 120, 189,231; speaker, 3, 75, 121, 190; nominated, 78, 226, 298, 415, 508,615; chosen assistant, 24S, 342, 454, 547; present, 294, 340, 409, 412, 451, 493, 540, 545, 605; justice, 6, 125; captain, 253; lieutenant-colonel, 347 : Jonathan, justice, 7, 126, 247, 346,458,552: Joseph, 478: INDEX. 686 Nathaniel, justice, 7, 126, 247, 346, 458, 552: Samuel, deputy for Canter- bury, 412, for Norwich, 340; justice, 7, 126" 247, 340, 347, 457, 458, 561, 652: William, ensign, 462. Hurd, David, lieutenant, 506: Na- than, quarter-master, 506: Timo- thy, ensign, 193. Huriburt, Elisha, ensign, 350: Gide- on, ensign, 353; lieutenant, 557: Josiah, ensign, 612: Nathan, 430, 476: Peter, 441, 532: Samuel, lieutenant, 140: Timothy, deputy for Canaan, 341, 547: Titus, in charge of New London battery, 23, 186, 468, 563, 646. Husted, Jonathan, lieutenant, 10; captain, 194. Hutchins, Nathan, lieutenant, 416: Silas, deputy for Kiliingly, 295, 494, 541. Hutchinson, John, justice, *8, 127,247, 347, 459, 552: Timothy, land sold, 593. Huxly, John, land sold, 397, 600. Inches, Henderson, 371, 648. Indians: at Farmington, 626, at Groton, 491, 524. land sold at Kent, 41, at Mid- dletown, 320, 370, Wohegan school, 100, 169, 485, committen on, 353, at Nehan- tic, 115, at New Haven. 524, 579, in Stratford, 212, 367, 4Si, at Stonington, 276, 526; Chicken's land sold, 215; Mr. Kirtland labors with, 468; K. Whee- lock's school, 151, 193, 490; Mason's appeal, 501; Metuxon's sales, 59, GO, 147, 152, 201, 268, 310, 470. Ingalls, Zebadiah, ensign, 14. Ingersoll, David, 95, 146: Tared, 150, 220, 255, 267, 425; committee on state liouse, 24, on stamp act, 256; nominated, 78; goes to England, 299; justice, 346, 551; burned in efligy, 411. Ingham, Daniel, lieutenant, 11; captain, 418 : Joseph, land sold, 38. Inhabitants : })enalty for entertaining strangers, 414. Insolvent debtors, act for relief of, 127, repealed, 228, new act, 357; release of poor debtor from jail, 133; assignment of poor debtor in service, 296; poor debtor's oath, v.han taken, 465. Insolvent estates : limitation for prosecut- ing claims against, 133. Isaacs, Benjamin, lieutenant, 417; cap- tain, 558: Mary, 69: Ralph, 69, 643. Isham, Joseph, 582. Ives, Dan, 562. Jackson, Ephraim,31: Mary, 94: Richard, 300, 353, 467; to settle with Partridge's estate, 78, to receive money in England, 135, 192, to oppose revival of sugar act, 240; his salary, 255; let- ters to and from, 3, 256, 420,"'502, 544. Jacobs, Benjamin, Joseph, Samuel, and Solomon, 563, 622: John, 4SG. Jagar, Jeremiah, army quarter-master, 234. Jails, discharge of poor prisoner from, 465. Jameson, Robert, deputy for Voluntown, 120, 189, 231, 295. Jarvis, Samuel, 178. . Jeftens, David, 386. Jennings, Daniel, 168: John, land sold, 98. Jerome, Zerubbabel, ensign, 14. Jesup, Ebenezer, army surgi'on, 236. Jewitt, Caleb, 323; deputy for Sharon, 73, 121, 242, 341, 413, 453:" David, 169. Johns, Stephen, lieutenant, 12. Johnson, Amos, deputy for Cornw-all, 189, 231 : Caleb, 07 : Ebenezer. 511 : Elihu, 152, 202, 268: Elisha, 60 : Gideon, 041 : Tchabod, land sold, 641 : lacob, 525: John, lienteniint, 86; land sold, 390, 590: Maverick, land sold, 39: Nathan, deputy for Stafford, 413, 540, 546; lieu- tenant, 849: Nathaniel, lieutenant, 612: Obadiah, 267; Merriman, Abel, 201: »b, justice, 6, 125, 246, 346, 457, 55f.'' ■-' Nathan iel, land sold, 642. Merwin, Deborah, 226: Miles, lieu- tenant, 255: Stephen, 92. Messenger, Nathan, 158. Metcalf, William, justice, 7, 126, 247, 346, 458, 552. Metuxen, Indian, sale of pretended right of land of, 69, 60, 147, 152, 201, 268, 310, 470. Middletown: road to Wethersfield, 182; Indian land in, 320, 370; Westfield soci- ety, 484, 585 ; Chatham set otf, 633. Mile-stones, towns to erect, 608. Military affairs: bounty to recruits for regulars, 17, 82 ; grants to soldiers, 25, 55";; 99, 156, 160, 214, 220, 283, 331, 487, 488; complaint that enemy is supplied with provisions, 64 ; provision for troops in Havana expedition, 66; troops for garrison, 75, 82; deserters secreted, 83: billeting recruits, 136, regulars, 541, 608; thanksgiving for peace, 137; dis- crepancy in accounts of number of troops, 192, 223; campaign of 1764, 230, 232; soldiers exempt from arrest, 235; arms collected and sold, 256. Militia: artillery co. New London, 25; field officers appointed, 88, 249, 347, 459, 609; viewing of arms, 133, 248; days of training, 248, 607; companies in Fairfield, 167, 330, in Newtown, 395, in New Stratford, 325; dissatisfaction in Northington, 587; 14th regiment con- stituted, 607; guard for election days, 615. Miller, Abraham, land sold, 442: Dan- iel, 309: David, 316,587; lieutenant, 254; captain, 555: Jeremiah, 20, 51, 262, 304, 428 ; deputy for New London, 1, 73, 120, 451; justice, 7, 125, 247, 457, 551: Nicliodemus, ensign, 300; cap- tain, .350: Robert, 384.' Mills, John, 442: Lewis, 224: Pelatiah, lieutenant, 251: Philo, quarter-master, 87: Roswell, 520, 578, 626; captain, 610: Stone, 68: Treat, lieutenant, 195, captain. 506. Milner, Samuel and Thomas, 216. Minor, Elisha, 646: Ezekiel, 217: Samuel, 22,645: Simeon, 625; dep- uty for Stonington, 2, 121, 190; justice, 7." Mitchell, .Tames, 226. Mix, Ebenezer, 19, 187, 308, 381: Jabez, land sold, 173: John, ensign, 15: Jonathan, 623. Mohegan lands: highways in, 37; grant to school, 100, 169, 485; committee on, 353; Mason's appeal, 501. Moffat, Lemuel, 612: Thomas, justice, 7, 126, 247, 347, 458, 552. Monger, Nathaniel, 271. Monroe, William, 513, 563. Moore, David and Timothy, 53: — — Joshua, land sold, 166: ^ Lydia, land sold, 392: Samuel, deputy for Sal- isbury, 413; surveyor, 560. Morehouse, Andrew, land sold, 529: Gershom, ensign, 351: Lemuel, en- sign, 554: Nathan, ensign, 348: Samuel, lieutenant, 87. Morey, Joseph, 515, 624. Morgan, Daniel, deputy for Preston, 295; captain, 460: .lames, captain, 9: • John, ensign, 553: Samuel, deputy for Preston, 73, 241, 452, 546; justice, 7, 125, 247, 346, 457, 551: Theophilus, 240, 559; deputy for Kil- lingworth, 120, 189, 231, 295: William, 332; deputy for Norwich, 412. Morison, Norman, 88, 145, 198, 262, 270, 377. Morlev. John, land sold, 172 : Thomas, 174^ 487. Morris, Daniel, 213, 226, 433 : Henry, 618: John, 524, 579: Stephen, 562. Morse, Francis, 117: Jedidiah, dep- uty for Woodstock, 243, 547, 607 : Moses, 99. Mortimer, Philip, 91. Morton, Samuel, land sold, 56. Moseley, Increase, 48, 285, 337, 354, 419, 626, "^630; deputy for Woodbury, 121, 189, 231, 242, 295, 341, 413, 46*3, 494, 541, 547. Moss, Amasa and David, 595: John, 48; lieutenant, 85. Mott, Adam and Jonathan, 69: Na- INDEX, 689 thaniel, 538 : Samuel, 418, 447, 450 ; army lieutenant, 75. Moulton, Ebenezer, 310, 470: Daniel, army lieutenant, 234. Mulford, Barnabas, deputy for Branford, 2. Mumford, James, 616 : Thomas, 240, 636; ensign, 253. Munson, Abel, 60, 152, 201, 279: Stephen, 562. Murdock, John, 288, 379; deputy for Say- brook, 2, 74, 189, 231, 242, 295, 340, 452, 546, 606; justice, 247, 846, 457, 551; major, 459: Samuel, 93; deputy for Windham, 241, 451. Nash, John, land sold, 336 : Samuel, 437, 483; deputy for Goshen, 74, 120, 190,232, 242, 295, 413, 494, 541, 607; justice, 248, 347, 459, 552. Nettleton, Jeremiah, 578: John, lieu- tenant, 142. Kevins, Robert, 88, 270. New Britain, enlarged, 399. New Cambridge, some set to, 640. New Fairfield, to send in list, 81 ; enlarged, 437 ; tax south society, 441. New Hartford, some set to West Sims- bury, 58; road in, 184; Torringford, 207. New Haven, Bethany society, 23, 84, 107, 538 ; state house, 24, 137, 337, 353 ; road to Derby, 508, to Windham, 615, to Woodbury, 83, 368, 419, 480; division of school money, 209; Indian land in, 524, 579; oyster fishery, 500; soldiers quartered in, 542, 562. New London, artillery co., 25; battery, 23, 186, 468, 563, 646; ferry, 608; high- ways in Mohegan land, 37. New Stratford, constituted, 48 ; militia co., 325 ; some annexed to, 642. New trials granted, 18, 23, 56, 90, 93, 94, 96, 97, 225, 260, 308, 469, 574; courts may grant, 77. Newberry, Roger, 577; lieutenant, 610. Newcoml), Jonathan, land sold, 434. Newell, Josiah, lieutenant, 505: Lof- tus, land sold, 168. Newton, Abner, 512: Ezekiel, land sold, 205 : Israel, ensign, 87 : John, 205: Roger, judge, county court, 4, 123, 244, 343, 455, 548; justice, 6, 125, 246, 345, 457, 551. Newtown, militia companies in, 395. Nichols, Benjamin, land sold, 110: George, 21, 333: Isaac, 534: Jonathan, lieutenant, 460: Joseph, land sold, 446: Peter, ensign, 504: Theophilus, 577; deputy for Strat- ford, 242, 606; justice, 7, 126, 246, 340. Nilfs, Ambrose, 538. Norfolk, horsebrand, 9; road to Simsbury, 82, to Torrington, 69; distribution of bonds given for, 79,209; in 14th regi- ment, 607. North, Isaac, ensign, 193: .Tame?, land sold, 276: Noah, 286: Robert, 197 : Timothy, house burnt, 486. 87 North Fairfield society constituted, 50. 101. ^ ' ' Northbury, in Waterbury, some set to, 55, 587^ Nortliford, society enlarged, 210, 279. Nortliington, militia co., 587. Northrop, Amos, deputy fur New Milford, 2 ; ensign, 557. Northway, Samuel, 586. Norton, Daniel, 98: D:ivid, 238; en- sign, 504: Ebenezer, deputy for Goshen, 74, 341, 453: Ichabod, 239: .Te.lidiah, 199: Job, 603: Nathaniel, ensign, 138: Noah, land sold, 238: Seth, land sold, 239. Norwalk, ferry to Long Island, 236. Norwich: some set to Hanover from New- ent, 169; tax Chelsea socii-tv, 184, 203/ Noyes, James, 22; captain, 15: IVIoses, 538 : William. 400 ; deputy for Lyme, 340, 413, 546 ; justice, 346. Oaths of allegiance etc. to be printed, 495. Ogden, Humphrey, 17: Ichabod, 187, 333. Olcott, George, 491: James, 538: Joseph, 388, 432, 479, 491 : Josiah, 159, 589, 602: Nathaniel, 159: Peter, ensign, 304. Oliver, Andrew, 389. Olmsted, Daniel, ensign, 554: Icha- bod, quarter-master, 348; cornet, 403: Joseph, deputy for Enfield, 2, 74, 121, 189, 2.32, 341, 4i3, 546 'ustice, 345, 457, 550: Nathan, deputy foi- Ridge- field, 453, 494, 541: Samuel, 50; deputy for "■ afield, 74, 189, 241, 295, 546, 606 ; •■ ,7, 126, 246, 346, 458, 552. Orcutt, David, captain, 16; deputy for Stafford, 2: William, 528. Osborne, Daniel, 43, 637 : Deborah and Ephraim, 40: Jonathan, 173: Joseph, 481; captain, 254; deputy for Derby,546: Thaddeus, land sold, 43, 637 : Thomas, 436. Osgood, William, justice, 7, 126, 247, 347, 458, 552. Oviat, Elizabeth, Giles and John, 640. Owen, Elijah, Eliphalet, and Leonard, 622: John, 306, 582, 631; deputy for Simsbury, 493, 540, 606; justice, 6, 125, 246, 345, 456, 550: Martha, 309. Oysters and clams, act for preservation of, 500. Packer, Joseph, ensign, 554. Page, Joseph, quarter-master, 86 ; cornet, 301: Timothy, 226. Palmer, Ichabod, ensign, 196: John, 292, 335: Jonathan, ensign, 14; set to Horseneck, 37 : Messenger, lieu- tenant, 10; captain, 303; deputy for Greenwich, 414, 452, 494; justice, 458, 552: Nehemiah, 544. Pardee, Daniel, land sold, 392: John, deputy for Sharon, 2 : Thomas, 638; captain, 249. 690 INDEX. Park, Moses, 408, 418, 447, 450: Peter, 287 : Robert, ensign, 553 : Wil- liam, 1G5. Parkman, Elias, land sold, 22. Parmely, Aaron, 239: Abraham, en- sign, 86; lieutenant, 505: John G. and Thomas, 277. Parrack, Elnathan, land sold, 592. Parsons, Esther, 31: John, land sold, 31; justice, 247: Moses, 539, 640: Samuel, lieutenant, 139: Sam- uel H,, 390, 605; auditor, 614; deputy for Lyme, 74, 121, 241, 413, 546, 606: Thomas, lieutenant, 417: Tim- othy, 224. Partridge, Richard, settlement with estate of, 78: Thomas, ensign, 460. Patterson, John, justice, 8, 127 : Ruth, 226. Paucatuck River, fishery in, 297. Payne, Benjamin, 621, 626; deputy for Hartford, 606; ensign, 139; lieutenant, 351 : Ebenezer, deputy for Wood- stock, 462: Elisha, deputy for Plain- field, 413, 453, 494, 546, 607 ; justice, 458, 552: James, 172: ' John, 434; land sold, 172: Nathaniel, land sold, 391 : Seth, surveyor, 137. Pavson, Asa, land sold, 171: John, 442: Thomas, 236, 257. Pearl, Timothy, captain, 194; deputy for Willington, 295, 452, 493, 540, 546, "606. Pease, Cummins, 271: Daniel, 446: Emory, deputy for Somers, 341, 413, 452, 493, 540, 546, 606: Ephraira, captain, 417; deputy for En- field, 606: Joseph, 486: Pela- tiah, 271. Peck, Ebenezer, 92; land sold, 272, 395, 596: Ephraim, 92: Gideon, 92: Heath, deputy for Newtown, 606: Henry, 92; ensign, 194: Jacob, land sold, 47, 211: James, 538: Jasper, 646: John, cap- tain, 611: Joseph, 596: Na- thaniel, lieutenant, 611: Stephen, 563: Zebulon, captain, 195. Pedlars, fees for license, 356. Peek, Benoni, ensign, 254. Pelton, James, 68 : Robert, land sold, 177. Penfield, Nathaniel, 623. Penniman, John, 259. Penoyer, John, 91. Pepoon, Silas, ensign, 86. Percival, John, captain, 141. Perin, Timothy, captain, 12. Perkins, Amos, 538: Jacob, justice, 6, 125, 247, 346, 457, 551: ' James, ensign, 611: Jedidiali, lieutenant, 195; captain, 418: Luke, justice, 7, 125,247, 346,457, 551: Matthew, captain, 462 : Samuel, justice, 346 : Solomon, lieutenant, 463. Perry, Joseph, captain, 194. Peters, John, captain, 11. Pettibone, Abel, ensign, 503: Giles, ensign, 507: Jonathan, 29, 69; dep- uty for Simsbury, 74, 190, 232, 242, 341, 452; justice, 6,' 125, 246, 345, 456, 550: Samuel, 46, 634; deputy for Goshen. 2; justice, 8, 127. Phelps, Alexander, 168; deputy for He- bron, 2; justice, 6, 125, 246, 345, 456, 550; major, 249; lieutenant colonel, 459: Charles, deputy for Stoning- ton, 74, 242, 340, 494, 541, 546, 606; justice, 247, 346, 457, 551; probate judge, 502, 549; overseer of Indians, 526: Daniel, 588, 604: Elijah and Ezfd<:iel, 649: James, 305, 374: Joel, house burnt, 173 : .John, 168; deputy for Hebron, 2, 341, 413, 453, 493, 540, 546, 606; justice, 6, 125, 246, 345, 456, 550; lieutenant, 352: Joseph, 147, 168, 200, 649: Joshua, ensign, 505: Josiah, 588. Picket, Benjamin, ensign, 304: Dan- iel, ensign, 250; lieutenant, 554: Samuel, cornet, 614. Pierce, Ezekiel, 389, 469; deputy for Plainficld, 241, 413, 453, 494, 54l', 546, 607: John, 226: Joseph, en- sign, 251 : Joshua, deputy for Corn- wall, 2, 74, 121, 189, 231, 242, 294, 341, 413 : Thomas, 76 ; army captain, 75. Pierpont, Jacob and John, 154: Joseph, captain, 252. Pierson, Ephraim, land sold, 179: John, deputy for Killingworth, 3, 74, 242, 341, 413, 453, 546; justice, 346, 457, 551. Pike, Leonard, 271. Pinney, Isaac, 602; deputy for Stafford, 73, 120, 189, 233, 242, 294, 341,452, 546; justice, 6, 125, 246, 345, 457, 560; cap- tain, 503: Philander, land sold, 602: Rachel, 53. Pitcher, Ebenezer, lieutenant, 14. Pitkin, Caleb, ensign, 612: Daniel, George, Gift, and Ozias, 46: Isaac. 91: John, 306, 539, 5H6, 577, 582, 586, 629, 631, 637; deputy for Hartford, 493, 540, 645; justice, 125, 245, 345, 456, 550: .Joseph, justice, 6: Thomas, captain, 304; deputy for Bol- ton, 341, 413, 452, 493, 540, 606 ; justice, 6, 125, 246, 345, 456, 502, 550: William, 186, 259; nominated, 78, 226, 298,415, 508, 615; chosen deputy gov- ernor, 3, 121, 243, 342; governor, 453, 547; present, 1, 73, 120, 188, 227, 230, 241, 294, 340, 409, 412, 451, 493, 640, 545, 605; committee, 61, 78, 135, 136, 221, 234,399; chief judge, 4, 123, 244,343; writes to Conway and , (. 5 'bo 0° * i\ i -b ,0" ^ ^:'t O . K "* ^0 ^^■" .\^ '%■ O- .V ^.• x^ o ^ <■ /, yt, -iT> V ...» X' "oo^ C' .•.--^^^, '-^ ^ <*- .V, '^ A &- . V. ...*^' ;>. >0 o. * 1-^- .^^ V V c3 -i^ . .^ ,c ci-, ^ -■ .0 ^0 C-' y ^ *o.